CHAPTER 1
LIQUOR CONTROL
LIQUOR CONTROL
ARTICLE A. CEREAL MALT BEVERAGES
SECTION:
3-1A-1: Definitions
3-1A-2: License Required
3-1A-3: Fee For License
3-1A-4: Application For License
3-1A-5: Examination; Disqualification, Approval
3-1A-6: Rules, Regulations And Requirements
3-1A-7: Revocation Of License
3-1A-8: Penalty
3-1A-9: Special Event Retailers Permit
As used in this article, the words and phrases herein defined shall have the following meanings unless the context otherwise requires:
CASE RETAILER: A licensee who has a license to sell only at retail cereal malt beverages in original and unbroken case lots, and not for consumption on the premises.
CEREAL MALT BEVERAGE: Means cereal malt beverage as defined in Kansas Statutes Annotated 41-2701 ("Cereal malt beverage" means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage, as defined in K.S.A. 2017 Supp. 41-2729, and amendments thereto, but does not include any such liquor which is more than 3.2% alcohol by weight) and such term shall include beer containing not more than six percent (6%) alcohol by volume when such beer is sold by a retailer licensed under the Kansas Cereal Malt Beverage Act.
GENERAL RETAILER: A licensee who has a license to make retail sales.
LICENSEE: A "person", as defined in this section, who has a license as herein required.
PERSON: Shall include individuals, firms, copartnerships, corporations and associations.
PLACE OF BUSINESS: Any place at which cereal malt beverages are sold.
SALE AT RETAIL AND RETAIL SALE: Sales for use or consumption and not for resale in any form.
WHOLESALER OR DISTRIBUTOR: Individuals, firms, copartnerships, corporations and associations which sell or offer for sale any beverage referred to in this article to persons, copartnerships, corporations and associations authorized by this article to sell cereal malt beverages at retail. (1983 Code § 6-101; amd. Ord. 1196, 3-4-2019, eff. 4-1-2019)
No person shall sell any cereal malt beverage at retail without first having secured a license for each place of business which such person desires to operate within the corporate limits of the City, as herein provided, and a person having a license to sell only at retail cereal malt beverages in original and unbroken case lots, and not for consumption on the premises, shall not sell such beverages in any other manner. (1983 Code § 6-102)
A. Enumerated: There are hereby prescribed license fees as follows:
1. General Retailer: General retailer, for each place of business selling cereal malt beverages at retail, one hundred dollars ($100.00) per calendar year.
2. Case Retailer: Case retailer, for each place of business selling only at retail cereal malt beverages in original and unbroken case lots, and not for consumption on the premises, fifty dollars ($50.00) per calendar year.
B. Prorating Of Fee Prohibited: The full amount of the license fee shall be required regardless of the time of the year in which the application is made, and the licensee shall only be authorized to operate under the license for the remainder of the calendar year in which the license is issued. (1983 Code § 6-103)
Any person desiring a license shall make an application to the City Council and accompany the application by the required license fee for each place of business for which the person desires the license. The application shall be verified and upon a form prepared by the Attorney General of the State and shall contain:
A. The name and residence of the applicant and how long he has resided within the State.
B. The particular place for which a license is desired.
C. The name of the owner of the premises upon which the place of business is located.
D. A statement that the applicant is a citizen of the United States and not less than twenty one (21) years of age and that he has not within two (2) years immediately preceding the date of making application been convicted of a felony or any crime involving moral turpitude, or been adjudged guilty of drunkenness or driving a motor vehicle while under the influence of intoxicating liquor or the violation of any other intoxicating liquor law of any state or of the United States. (1983 Code § 6-104)
A. Specified; Conditions: If the application is in proper form and accompanied by cash in the amount of the license fee, the City Attorney will request a certified record check from the Kansas Bureau of Investigation for consideration. The City Council shall then examine the application, and after examination of the application, the City Council shall, if they approve the same, issue a license to the applicant; provided, no license shall be issued to:
1. A person who is not a resident of the City in which the premises covered by the license is located and who has not been a resident in good faith of the State for at least one year prior to said application and a resident of the County in which said place of business is to be operated for at least six (6) months.
2. A person who is not of good character or reputation in the community in which he resides.
3. A person who is not a citizen of the United States.
4. A person who within two (2) years immediately preceding the date of making application has been convicted of a felony or any crime involving moral turpitude, or been adjudged guilty of drunkenness or driving a motor vehicle while under the influence of intoxicating liquor, or the violation of any other intoxicating liquor law of any state or of the United States.
5. A co-partnership, unless one of the copartners is a resident of the City or County in which the premises covered by the license is located and unless all the members of such co-partnership shall otherwise be qualified to obtain a license.
6. A corporation, if any manager, officer or director thereof or any stockholder owning in the aggregate more than twenty five percent (25%) of the stock of such corporation would be ineligible to receive a license hereunder for any reason other than nonresident within the City or County.
7. A person whose place of business is conducted by a manager or agent unless said manager or agent possesses the same qualifications required of the licensee.
B. Prohibited Zones: No license shall be issued for a place of business located or to be located in a prohibited zone. A person applying for a license as a case retailer must be engaged in business in this City. (1983 Code § 6-105; amd. Ord. 1206, 7-6-2020)
A. Hours Of Closing; Standard Of Conduct: No cereal malt beverage may be sold on the premises of a licensee between the hours of twelve o'clock (12:00) midnight and six o'clock (6:00) A.M., or on Sunday. No private rooms or closed booths shall be operated in any place of business. The place of business shall be open to the public and the police at all times during business hours. No person under twenty one (21) years of age shall be permitted to buy or drink any of such beverage in or about said place of business. No person shall have any alcoholic liquor in his possession while in such place of business. (1983 Code § 6-106; amd. 1998 Code)
B. Zones Permitted: All places of business must be located within the following described zones:
1. Commercial zones;
2. Industrial zones;
3. Central business zones. (Ord. 848, 8-15-1983)
C. Curb Service Prohibited: No person while in or upon a motor vehicle in or about a place of business licensed to sell cereal malt beverages shall be served any cereal malt beverage for consumption therein or thereon; nor shall any person while in or upon a motor vehicle located or situated in or about a place of business licensed to sell cereal malt beverages drink or consume any cereal malt beverage. (1983 Code § 6-109)
D. Zoning Violations: No license shall be granted to any person to maintain a place of business in violation of the zoning ordinances of this City. (1983 Code § 6-110)
E. Cleanliness: The place of business and all equipment used in connection with the cereal malt beverage business shall be kept in a clean and sanitary condition. Each place of business licensed to sell cereal malt beverages at retail generally shall have indoor toilets connected with sewer systems of this City and shall comply with the Plumbing Code (see Title 9, Chapter 3 of this Code) of this City. (1983 Code § 6-111)
F. Spiking Or Mixing Drinks Prohibited: Every person operating any establishment or place of business selling cereal malt beverages shall prevent patrons from spiking any beverage sold to such patron by mixing therewith alcohol, cologne, spirits, liquor or alcoholic beverage so as to change such beverage into an alcoholic beverage on said premises where said business is conducted. (1983 Code § 6-112)
G. Sales Prohibited:
1. Persons Under Influence: Persons operating such place of business are forbidden to sell any such beverage to any person under the influence of intoxicating liquor or to permit any such person to remain on the premises or to allow such person to disturb the peace and quiet of any person in such place of business, and said person so operating the place of business shall notify the Chief of Police of the presence of any such person upon said premises or in said place of business. (1983 Code § 6-113)
2. Minors: No person under the age of twenty one (21) shall be permitted to buy or drink any cereal malt beverage in or about any business licensed to sell said beverage. (1983 Code § 6-114; amd. 1998 Code)
H. Employment Of Minors: No person under the age of twenty one (21) shall be permitted to work in any place of business licensed to sell cereal malt beverages for consumption on the premises. (1983 Code § 6-115; amd. 1998 Code)
A. Notice; Reasons Specified: The City Council, upon five (5) days' notice to the person holding such license, shall revoke such license for any one of the following reasons:
1. False Information: If a licensee has fraudulently obtained the license by giving false information in the application therefor; or
2. Violations: If the licensee has violated any of the provisions of this Article or any other ordinance of the City prescribing rules or regulations relating to "cereal malt beverages", as defined in Section 3-1A-1 of this Article or if the licensee has violated any law of the State for which violation the City is authorized by law to revoke the license; or
3. Ineligibility: If the licensee has become ineligible to obtain a license in this Article; or
4. Drunkenness; Permitting Intoxication: Drunkenness of the person holding such license or permitting any intoxicated person to remain in such place; or (1983 Code § 6-108)
5. Sales To Minors: The sale of cereal malt beverages to those under the age of twenty one (21) years; or (1983 Code § 6-108; amd. 1998 Code)
6. Nonpayment Of Fee: The nonpayment of any license fee; or
7. Gambling: For permitting gambling in or upon such premises; or
8. Mixing Drinks: For permitting any person to mix drinks with materials purchased in said place of business or brought in for this purpose; or
9. Employment Of Unauthorized Persons: For the employment of persons who have been adjudged guilty of felony or any violation of the intoxicating liquor law; or (1983 Code § 6-108)
10. Employment Of Minors: For the employment of persons under twenty one (21) years of age in dispensing cereal malt beverages; or (1983 Code § 6-108; amd. 1998 Code)
11. Expired Federal Stamp: For purchasing or displaying a federal retail liquor tax stamp expiring after June 30, 1937, issued by the United States treasury department, except where issued for industrial, mechanical, scientific and medicinal purposes.
B. Appeal: Within twenty (20) days after the order of the city council revoking any license, the licensee may appeal to the district court of the county in the manner as now provided by law in appeals from the municipal court.
C. Issuance Of New License: In case of the revocation of the license of any licensee, no new license shall be issued to such person or any person acting for or on his behalf, for a period of six (6) months thereafter. (1983 Code § 6-108)
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