Chapter 6
ALCOHOLIC BEVERAGES*
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Cross references: Businesses, ch. 22; fees pertaining to alcoholic beverages, § 42-46 et seq.; health and sanitation, ch. 50.
State law references: Alcoholic beverages, K.S.A. 41-101 et seq.
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Article I. In General
Secs. 6-1– 30. Reserved.
Article II. Cereal Malt Beverages
Division 1. Generally
Sec. 6-31. Definitions.
Sec. 6-32. Penalty.
Sec. 6-33. Wholesalers, distributors to be licensed by state.
Sec. 6-34. Proof of legal age.
Sec. 6-35. Unlawful consumption or possession.
Secs. 6-36– 6-50. Reserved.
Division 2. Retail Establishments
Subdivision I. In General
Sec. 6-51. Business regulations; hours of sale; responsibilities.
Sec. 6-52. Certain sales practices prohibited.
Sec. 6-53. Sanitary conditions.
Sec. 6-54. Gambling; serving in cars; possession of alcoholic liquors.
Sec. 6-55. Conduct contrary to public welfare.
Secs. 6-56– 6-80. Reserved.
Subdivision II. License
Sec. 6-81. Required.
Sec. 6-82. Application.
Sec. 6-83. Application procedure.
Sec. 6-84. Causes for disqualification.
Sec. 6-85. Issuance; denial; not transferable.
Sec. 6-86. Location restricted.
Sec. 6-87. Categories; fees.
Sec. 6-88. Application for change of location; fee.
Sec. 6-89. Posting.
Sec. 6-90. Revocation, suspension of license.
Sec. 6-91. Temporary event cereal malt beverage permit.
Secs. 6-92– 6-125. Reserved.
Article III. Alcoholic Liquor
Division 1. Generally
Sec. 6-126. Definitions.
Sec. 6-127. Penalty.
Sec. 6-128. Occupation tax; amount; when due.
Sec. 6-129. Location restricted.
Sec. 6-130. Sanitary conditions.
Sec. 6-131. State license required; issuance.
Sec. 6-132. Time of sales.
Sec. 6-133. Consumption in public places.
Sec. 6-134. Furnishing to persons under age; misrepresentation of age.
Sec. 6-135. Conduct contrary to public welfare.
Sec. 6-136. Possession in premises licensed to sell cereal malt beverages.
Sec. 6-137. Reserved.
Sec. 6-138. Drive-up windows prohibited.
Secs. 6-139– 6-155. Reserved.
Division 2. Clubs
Sec. 6-156. Penalty.
Sec. 6-157. License required.
Sec. 6-158. License fee.
Sec. 6-159. Business regulations.
Sec. 6-160. Revocation; suspension; repeated violations.
Secs. 6-161– 6-175. Reserved.
Division 3. Drinking Establishments
Sec. 6-176. Penalty.
Sec. 6-177. License required.
Sec. 6-178. License fee.
Sec. 6-179. Business regulations.
Sec. 6-180. Revocation; suspension; repeated violations.
ARTICLE I.
IN GENERAL
Secs. 6-1– 6-30. Reserved.
ARTICLE II.
CEREAL MALT BEVERAGES*
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State law references: Cereal malt beverages generally, K.S.A. 41-2701 et seq.; local regulation of sale of cereal malt beverages, K.S.A. 41-2704(a).
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DIVISION 1. Sec. 6-31. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Cereal malt beverage includes any fermented but undistilled liquor brewed or made from malt or from a mixture of malt and/or malt substitute but shall not include any such liquor which contains more than 3.2 percent of alcohol by weight.
Employee means any person who, within a place of business licensed under this article, serves, opens, pours or provides, or in any way handles cereal malt beverage for or at the direction of the licensee, regardless of whether the licensee pays a stipulated salary or not for such service.
General retailer is a licensee who has a cereal malt beverage retailer's license to make retail sales of cereal malt beverages.
Legal age for consumption of cereal malt beverage means 21 years of age, except that "legal age for consumption of cereal malt beverage" means 18 years of age if at any time the provisions of P.L. 98-363 penalizing states for permitting persons under 21 years of age to consume cereal malt beverage are repealed or otherwise invalidated or nullified.
Licensee is a person who has a cereal malt beverage retailer's license as herein required, issued by the city.
Limited retailer is a licensee:
(1) Who is or who will be engaged principally in the preparation and service on the licensed premises of meals and food;
(2) Whose principal sources of income or revenue at the licensed premises, in no event less than 50 percent of the gross sales of such place of business, is or will be derived from the sales and/or service of meals and foods prepared and delivered on the premises for which the license is issued; and,
(3) Who dispenses or desires to dispense cereal malt beverages principally with the service of meals and foods; and,
(4) Whose place of business does not provide either a bar or bar stools for the use of patrons who may consume cereal malt beverages on the premises.
Place of business means any specific location or premises at which cereal malt beverages are sold.
Premises means the building as well as the grounds, lot or lots, or tract of ground in or upon which a place of business is located.
Retailer for off-premises consumption is a licensee who has a license to sell at retail, cereal malt beverages for only consumption off the premises, and only in the original container.
Sale at retail and retail sales means sales for use or consumption and not for resale in any form.
Wholesaler or distributor means individuals, firms, copartnerships, corporations, and associations which sell or offer for sale any beverage, referred to in this article, to persons, partnerships, corporations, and associations authorized by this article to sell cereal malt beverages at retail.
(Code 1968, § 17-1; Ord. No. 1869, § 1, 10-4-94)
Cross references: Definitions generally, § 1-2.
State law references: Similar provisions, K.S.A. 41-2701.
Sec. 6-32. Penalty.
(a) Any person who has violated any provision or section of this article may be charged in the municipal court with violation of the cereal malt beverage laws of the city, and upon conviction thereof shall be guilty of a class B offense and punished as provided in section 1-8.
(b) If any person who holds a license to sell cereal malt beverage which has been issued by the city has violated any provision or section of this article, the governing body of the city may permanently revoke, or suspend for any period of time, such license or permit.
(c) The city attorney shall at all times have the power to seek an injunction against any party from selling cereal malt beverages within the city notwithstanding such party has a license and permit if it shall appear that the licensee has violated any provision, regulation, or section of this article or any law of the state regulating cereal malt beverages.
(d) The penalties and/or remedies created by this section are cumulative in nature and may be exercised in lieu of or in addition to any other right, remedy, or action available to the city. The exercise of any right, remedy, or action made available to the city shall not be deemed to be a waiver of any right, remedy, or action available to the city.
(Code 1968, § 17-20; Ord. No. 1869, § 11, 10-4-94)
Sec. 6-33. Wholesalers, distributors to be licensed by state.
It shall be unlawful for any wholesaler and/or distributor, or the agents or employees of such wholesaler or distributor, to sell and/or deliver cereal malt beverages within the city, to persons authorized under this article to sell the same within this city, unless such wholesaler and/or distributor has first secured a license from the state authorizing such sales.
(Code 1968, § 17-12)
State law references: State licensing of beer distributors, K.S.A. 41-307.
Sec. 6-34. Proof of legal age.
(a) It shall be unlawful for any licensee, agent or employee of a licensee, or any other person in any place of business where any cereal malt beverage is sold, to sell, give, or furnish to, or allow to be possessed by, any person under the legal age for consumption of cereal malt beverage except as allowed by section 6-51(8) of this article, any cereal malt beverage. A violation of this subsection shall be deemed to be prima facie evidence of grounds to suspend or revoke the license in question.
(b) It shall be unlawful for any person under the legal age for consumption of cereal malt beverage to represent that such person is the legal age for consumption of cereal malt beverage, or older, for the purpose of asking for, purchasing, possessing, or receiving any cereal malt beverage, from any licensee or person.
(Code 1968, § 17-15; Ord. No. 1869, § 9, 10-4-94)
State law references: Furnishing cereal malt beverage to underaged persons, K.S.A. 41-2704(e); purchase or consumption of cereal malt beverage by underaged person, K.S.A. 41-727.
Sec. 6-35. Unlawful consumption or possession.
(a) It shall be unlawful for any person to consume or possess any opened original container of, or other container holding, cereal malt beverage upon any street, avenue, alley, sidewalk, public park, public building, public facility, any designated place of public assembly, or any real property owned by the city, Finney County or the state of Kansas, not licensed for on-premise consumption under this article, unless such possession or consumption has been specifically authorized by action of the governing body, or such possession or consumption has been specifically authorized by a state, county, or city governing body owning a public building, facility or real property in or on which such possession or consumption is intended.
(b) The following public properties or facilities shall be exempt from the provisions of subsection (a): Garden City Regional Airport restaurant, the motor vehicle raceway at Garden City Regional Airport, Buffalo Dunes Golf Course, and Lee Richardson Zoo. This subsection specifically authorizes the possession or consumption of cereal malt beverage at Garden City Regional Airport restaurant, the motor vehicle raceway at Garden City Regional Airport, and Buffalo Dunes Golf Course, in accordance with policies adopted by each facility. This subsection further specifically authorizes the possession or consumption of cereal malt beverage at Lee Richardson Zoo, in accordance with policies adopted by Lee Richardson Zoo, and only after authorization by the governing body for each event or activity seeking to have the possession or consumption of cereal malt beverage at Lee Richardson Zoo.
(Ord. No. 2365, § 1, 4-25-07)
Secs. 6-36– 6-50. Reserved.
DIVISION 2. Subdivision I. Sec. 6-51. Business regulations; hours of sale; responsibilities.
It shall be the duty of every licensee under this article to observe the following regulations at each and every licensed place of business:
(1) The place of business shall at all times have an unlocked front exit and a rear exit unlocked or equipped with a locking mechanism which allows for quick opening without a key.
(2) The place of business and all equipment used in connection with such place of business shall be kept clean and in a sanitary condition and shall at all times be open to the inspection of the police and health officers of the city, county, and state.
(3) Except as provided by subsection (4) of this section, no cereal malt beverages may be sold, dispensed, or consumed:
a. On any day between the hours of 12:00 midnight and 6:00 a.m.
b. On Sunday, except in a place of business which is licensed to sell cereal malt beverage for consumption on the licensed premises, which derives not less than 30 percent of its gross receipts from the sale of food for consumption on the licensed premises and which is located in a county where such sales on Sunday have been authorized by resolution of the board of county commissioners of the county or in a city where such sales on Sunday have been authorized by ordinance of the governing body of the city.
c. Closing hours for clubs and drinking establishments shall conform to K.S.A. 41-2614 and any amendments thereto.
(4) Cereal malt beverages may be sold at any time alcoholic liquor is allowed by law to be served on premises which are licensed for the sale of alcoholic liquor pursuant to the laws of the state and the city.
(5) The place of business shall be open to the public and to law enforcement officers at all times during business hours, except that a premises licensed as a club or drinking establishment under a license issued by the state shall be open to law enforcement officers and not to the public.
(6) No licensee or agent or employee of the licensee shall become intoxicated in the place of business for which such license has been issued.
(7) No licensee or agent or employee of the licensee shall permit any intoxicated person to remain in the place of business for which such license has been issued.
(8) No licensee or agent or employee of the licensee shall sell or permit the sale of cereal malt beverages to, or possession or consumption of cereal malt beverages by, any person under the age of 21 years, except that a licensee's employee who is not less than 18 years of age may dispense or sell cereal malt beverages if:
a. The licensee's place of business is licensed only to sell cereal malt beverages at retail in original and unopened containers and not for consumption on the premises; or
b. The licensee's place of business is a licensed food service establishment, as defined by K.S.A. 36-501 and amendments thereto, and not less than 50 percent of the gross receipts from the licensee's place of business is derived from the sale of food for consumption on the premises of the licensed place of business.
(9) No licensee or agent or employee of the licensee shall permit any gambling in the place of business for which such license has been issued, but for the purpose of this subsection, the lottery run by the state shall not be deemed to be gambling.
(10) No licensee or agent or employee of the licensee shall permit any person to mix alcoholic drinks with materials purchased in said place of business or brought in for such purpose unless such premises are also licensed for such mixing of drinks.
(11) No licensee shall employ any person who has been judged guilty of a felony or any violation of any law related to the regulation or control of alcoholic liquors or cereal malt beverages.
(12) No licensee or agent or employee of the licensee shall sell or furnish cereal malt beverages at retail to any person on credit; on a passbook; on order on a store; in exchange for any goods, wares, or merchandise; or in payment for any services rendered.
(13) No private rooms or closed booths shall be operated in a place of business, but this provision shall not apply if the licensed premises are also currently licensed as a club pursuant to the club and drinking establishment act.
(Code 1968, § 17-13; Ord. No. 1869, § 7, 10-4-94)
State law references: Similar provisions, K.S.A. 41-2705– 41-2707.
Sec. 6-52. Certain sales practices prohibited.
(a) No licensee or employee or agent of a person licensed to sell cereal malt beverage for consumption on the licensed premises shall:
(1) Offer to serve any free cereal malt beverages to any person;
(2) Offer to serve to any person a drink at a price that is less than the acquisition cost of the drink to the licensee;
(3) Sell, offer to sell or serve to any person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the general public;
(4) Sell, offer to sell or serve any drink to any person at any time at a price less than that charged the general public on that day, except at private functions not open to the general public;
(5) Increase the size of a drink of cereal malt beverage without increasing proportionately the price regularly charged for the drink on that day;
(6) Encourage or permit, on the licensed premises, any game or contest which involves drinking cereal malt beverage or the awarding of drinks as prizes; or
(7) Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections (1) through (6) of this section.
(b) Nothing in subsection (a) of this section shall be construed to prohibit a retailer from offering free food or entertainment at any time.
(c) Violation of any provision of this article shall be grounds for suspension or revocation of a cereal malt beverage retailer's license.
(d) Every licensee subject to the provisions of this section shall make available at any time upon request a price list showing the licensee's current prices for all cereal malt beverages.
(e) As used in this section, "drink" means an individual serving of cereal malt beverage.
(Ord. No. 1869, § 8, 10-4-94)
State law references: Similar provisions, K.S.A. 41-2722.
Sec. 6-53. Sanitary conditions.
(a) It shall be unlawful for the licensee or a manager for the licensee or an employee of the licensee to fail to comply with any one of the following conditions:
(1) All parts of the licensed premises including furnishings and equipment shall be kept clean and in a sanitary condition, free from flies, rodents and vermin at all times;
(2) The licensed premises shall have at least one restroom for each sex easily accessible at all times to its patrons and employees;
(3) The restroom shall be equipped with at least one lavatory with hot and cold running water, be well lighted, and be furnished at all times with soap and paper towels or other mechanical means of drying hands and face;
(4) Each restroom shall be provided with adequate toilet facilities which shall be of sanitary design and readily cleanable;
(5) The doors of all toilet rooms shall be self-closing and toilet paper at all times shall be provided;
(6) Easily cleanable receptacles shall be provided for waste material and such receptacles in toilet rooms for women shall be covered;
(7) The restrooms shall at all times be kept in a sanitary condition and free of offensive odors.
(b) The premises shall be at all times subject to inspection by authorized agents of the city.
(Code 1968, § 17-14)
Sec. 6-54. Gambling; serving in cars; possession of alcoholic liquors.
(a) It shall be unlawful for an operator, cereal malt beverage license holder, or the manager and any employee thereof to fail to comply with any one of the following requirements:
(1) Prohibit any and all gambling in such places licensed to sell cereal malt beverages (the state-run lotteries shall not be considered gambling);
(2) Prohibit the serving of any cereal malt beverage to any person in any automobile or other conveyance in or upon the premises; or,
(3) Prohibit any person from having, possessing, or consuming any alcoholic liquor as defined by the laws of the state within said place of business. The provisions of this subsection shall not apply if such place of business or premises are also currently licensed as a private club or as a drinking establishment under a license issued by the state director of alcoholic beverage control and the city.
(b) A violation of any one of the above subsections shall be deemed to be a violation of this section, and each subsection so violated shall be deemed to be a separate offense.
(Code 1968, § 17-16)
Sec. 6-55. Conduct contrary to public welfare.
(a) The following conduct by a cereal malt beverage licensee, manager or employee of any licensed cereal malt beverage establishment, when committed in or upon the licensed premises, is deemed contrary to public welfare and is prohibited:
(1) Remaining or permitting any person to remain in or upon the premises who exposes to view any portion of the female breasts below the top of the areola or any portion of male/female pubic hair, anus, buttocks or genitals;
(2) Permitting any employee on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any other employee or any patron;
(3) Encouraging or permitting any patron on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva, or genitals of any employee;
(4) Performing or permitting any person to perform on the licensed premises acts of or acts which simulate:
a. Sexual intercourse, masturbation, sodomy, or any other sexual act which is prohibited by law;
b. Touching, caressing or fondling such person's breasts, buttocks, anus or genitals;
(5) Using or permitting any person to use on the licensed premises any artificial devices or inanimate objects to depict any of the acts prohibited by subsection (a)(4) of this section; or
(6) Showing or permitting any person to show on the licensed premises any motion picture, film, photograph, electronic reproduction, or other visual reproduction depicting:
a. Acts or simulated acts of sexual intercourse, masturbation, sodomy or any sexual act which is prohibited by law;
b. The touching, caressing or fondling of the buttocks, anus, genitals or the female breasts; or
c. Scenes in which a person displays the buttocks, anus, genitals, pubic hair, or the female breasts.
(b) It shall be unlawful to violate any one of the above prohibitions, any one of which shall be considered a violation of this section, and each such violation shall be deemed to be a separate offense.
(c) As used in this section, the term "premises" means the premises licensed by the city as a cereal malt beverage establishment and such other areas, under the control of the licensee, that are in such close proximity to the licensed premises that activities and conduct of persons within such other areas may be viewed by persons on or within the licensed premises.
(d) A violation of any one of the above subsections shall be deemed to be a violation of this section, and each such subsection so violated shall be deemed to be a separate offense.
(Code 1968, § 17-17)
Secs. 6-56– 6-80. Reserved.
Subdivision II. Sec. 6-81. Required.
(a) It shall be unlawful for any person to sell any cereal malt beverage at retail without a license for each place of business where cereal malt beverages are to be sold at retail.
(b) It shall be unlawful for any person, having a license to sell cereal malt beverages at retail only in the original and unopened containers and not for consumption on the premises, to sell any cereal malt beverage in any other manner.
(c) It shall be unlawful for any person to sell any cereal malt beverage except in conformity with the privileges granted by that person's license.
(Code 1968, § 17-2)
State law references: Local license required, K.S.A. 41-2702.
Sec. 6-82. Application.
(a) Any person desiring a cereal malt beverage retailer's license shall make an application to the governing body 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, shall contain each one of the following requirements:
(1) The name and residence of the applicant and how long the applicant has resided within the state;
(2) The particular place of business for which a license is desired;
(3) The name of the owner of the premises upon which the place of business is located;
(4) The names and addresses of all persons who hold any financial interest in the particular place of business for which a license is desired;
(5) A statement that the applicant is a citizen of the United States, not less than 21 years of age, and has not within two 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 municipality, state, or of the United States;
(6) Each application for a general retailer's license shall be accompanied by a certificate from the city health officer certifying that such officer has inspected the premises to be licensed and that the premises comply with the health code and/or ordinances of the city; and
(7) Each application for a license under this article must be accompanied by a certificate from the city fire chief certifying that such officer has inspected the premises to be licensed and that the premises comply with the fire code and/or all applicable ordinances of the city.
(b) The application shall be accompanied by a statement, signed by the applicant, authorizing any governmental agency to provide the city, any city personnel and the governing body of the city with any information pertinent to the application. One copy of such application shall immediately be transmitted to the chief of police for investigation of the applicant. It shall be the duty of the chief of police to investigate such applicant to determine whether such applicant is qualified as a licensee under the provisions of this article. The chief shall report to the city clerk not later than five working days subsequent to the receipt of such application. The application shall be scheduled for consideration by the governing body at the earliest meeting consistent with current notification requirements.
(Code 1968, § 17-3; Ord. No. 1869, § 2, 10-4-94)
State law references: License applications, K.S.A. 41-2702.
Sec. 6-83. Application procedure.
(a) All applications for a new or renewed cereal malt beverage license shall be submitted to the city clerk at least ten days in advance of the governing body meeting at which they will be considered.
(b) The city clerk shall notify the holder of an existing license 30 days in advance of its expiration.
(c) The city clerk shall provide copies of all applications to the police department, to the fire department, and to the health inspection department, when they are received. The police department shall run a records check on all applicants and the fire department and health inspection department will inspect the premises in accordance with city fire codes and/or ordinances. The departments will then recommend approval, or disapproval, of the application within five working days of the department's receipt of the application.
(d) The governing body will not consider any application for a new or renewed license that has not been submitted ten days in advance and been reviewed by the above city departments.
(Code 1968, § 17-4)
Sec. 6-84. Causes for disqualification.
No cereal malt beverage retailer's license shall be issued to any person to whom any one of the following conditions apply:
(1) A person who has not been a resident in good faith of the state for at least one year immediately preceding application and a resident of the county for at least six months prior to the filing of such application.
(2) A person who is not a citizen of the United States.
(3) A person who is not of good character and reputation in the community in which such applicant resides.
(4) A person who, within two years immediately preceding the date of application, has been convicted of a felony or any crime involving moral turpitude, or has 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 municipality, state, or the United States.
(5) A partnership, unless all the members of the 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 25 percent of the stock of such corporation would be ineligible to receive a license hereunder for any reason other than citizenship and residency requirements.
(7) A corporation, if any manager, officer, or director thereof, or any stockholder owning in the aggregate more than 25 percent of the stock of such corporation, has been an officer, manager or director, or a stockholder owning in the aggregate more than 25 percent of the stock of a corporation which:
a. Has had a retailer's license revoked under K.S.A. 41-2708 and amendments thereto; or,
b. Has been convicted of a violation of the drinking establishment act or the cereal malt beverage law of this state or any municipality in this state.
(8) A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee.
(9) A person whose spouse would be ineligible to receive a cereal malt beverage retailer's license for any reason other than citizenship, residency requirements or age, except that this subsection (9) of this section shall not apply in determining eligibility for a renewal license.
(Code 1968, § 17-7; Ord. No. 1869, § 4, 10-4-94)
State law references: Persons eligible for retail cereal malt beverage license, K.S.A. 41-2703.
Sec. 6-85. Issuance; denial; not transferable.
(a) The minutes of the governing body meeting shall show the action taken on the application for a license under this subdivision.
(b) If the license is granted, the city clerk shall issue the license, which shall show the name of the licensee and the year for which issued.
(c) No license shall be transferred to another licensee.
(d) If the license is denied, the license fee shall be immediately returned to the person who has made application.
(Code 1968, § 17-5; Ord. No. 1869, § 3, 10-4-94)
State law references: Cereal malt beverage license not transferable, K.S.A. 41-2702(h).
Sec. 6-86. Location restricted.
(a) It shall be unlawful to sell at retail, any cereal malt beverage, whether for on or off-premises consumption, within 200 feet of any school, church, or library. The 200-foot restriction in this section shall be measured in the shortest straight line from the property line of the school, church, or library, to the nearest portion of the building or part thereof, occupied for the use allowed by the license granted by the city.
(b) This section shall not apply to any place of business granted a license prior to adoption of this section, or the renewal of any such license. In the event such place of business ceases to be occupied for the use allowed by the license granted by the city, for a period of 120 days or more, except during periods when the place of business is being repaired because of damage caused by fire or natural disaster, or such premises is used for any other type of business, no new license shall be issued if the place of business is not in compliance with this section.
(c) If a school, church, or library locates within 200 feet of a place of business licensed to sell at retail, whether for on or off-premises consumption, any cereal malt beverage, following adoption of this section, the location restriction of this section shall not apply, and the license in effect at the time and any renewal thereof, shall be granted, whether continuation of operation of the place of business is by the same licensee, or a different licensee as a result of sale, lease, or other conveyance of interest in the place of business.
(d) The following terms for purposes of this section, shall be defined as follows:
(1) Church - Any building used exclusively for public worship and which is exempt from taxation from all property and ad valorem taxes levied under the laws of the state of Kansas.
(2) Library - A place where books, periodicals, tapes, CDs, or films are kept for reading, viewing, reference, or lending, which serves the general public and is supported in whole or part with public funds.
(3) School - Any public or parochial school, offering courses in general instruction, containing any of the grades kindergarten through 12.
(e) No license shall be issued if the building or intended use does not comply with the zoning ordinance or building, life safety, fire, or health codes of the city.
(Ord. 2286, § 1, 9-28-04)
Sec. 6-87. Categories; fees.
(a) Cereal malt beverage retailer's license categories and fees shall be as follows:
(1) General retailer. For each place of business selling cereal malt beverages at retail for consumption on the premises, as provided in section 42-46.
(2) Limited retailer. For each place of business selling cereal malt beverages principally with meals and food prepared in the kitchen of the licensed premises, as provided in section 42-46.
(3) Retailer for off-premises consumption. For each place of business selling only at retail cereal malt beverages in original and unopened containers and not for consumption on the premises, as provided in section 42-46.
(b) The fees set forth above are in addition to any fee assessed by the state and required to be collected by the city.
(c) 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 license shall only be authorized to be operated under the license for the remainder of the calendar year in which the license is issued.
(Code 1968, § 17-9; Ord. No. 1869, § 5, 10-4-94)
State law references: Local license fees, K.S.A. 41-2703(d), (g).
Sec. 6-88. Application for change of location; fee.
If a licensee desires to change the location of the place of business, an application shall be made to the governing body showing the same information relating to the proposed location as in the case of any original application. Such application shall be accompanied by a fee in the amount established in section 42-47. If the application is in proper form and the location is not in a prohibited zone and all other requirements relating to such place of business are met, a new license shall be issued for the new location for the balance of the year for which a current license is held by the licensee.
(Code 1968, § 17-11)
Sec. 6-89. Posting.
Each license issued under this subdivision shall be posted in a conspicuous place in the place of business for which the license is issued.
(Code 1968, § 17-6)
Sec. 6-90. Revocation, suspension of license.
(a) The governing body may permanently revoke or cause to be suspended for any period of time such license for any one of the following reasons, or for any violation of any provision or section of this article:
(1) If a licensee has fraudulently obtained the license by giving false information in the application therefor.
(2) If a licensee has violated any of the provisions of this article or has become ineligible to obtain a license under this article.
(3) Drunkenness of a person holding such license, drunkenness of a licensee's manager or employee while on duty and while on the premises for which the license is issued, or for a licensee, the licensee's manager or employee permitting any intoxicated person to remain in such place selling cereal malt beverages.
(4) The sale of cereal malt beverages to, or possession or consumption of cereal malt beverages by, any person under 21 years of age, except as allowed by section 6-51(8).
(5) Permitting any gambling in or upon premises licensed under this article, but for the purpose of this subsection, the lottery run by the state shall not be considered gambling.
(6) Permitting any person to mix drinks containing alcoholic liquor with materials purchased in any premises licensed under this article or brought into the premises for this purpose unless such premises are also licensed for the same.
(7) The employment of any person under the age of 18 years in the dispensing, selling, or serving of cereal malt beverages.
(8) The employment of persons adjudged guilty of a felony or of a violation of any law relating to intoxicating liquor.
(9) The sale or possession of, or permitting the use or consumption of alcoholic liquor within or upon any premises licensed under this article unless such premises are also licensed for the sale of alcoholic liquor.
(10) The nonpayment of any license fees.
(11) If the licensee has become ineligible to obtain a license under the alcoholic liquor, private club, or drinking establishment ordinance of the city or any other ordinance or statutory authority.
(12) Repeated violations of the noise ordinances of the city by a licensee or any employee of a licensee. For purposes of this section, repeated violations shall be five or more complaints during a calendar year which result in five or more convictions of a licensee or an employee for a violation of section 62-8 or 62-9 of this Code.
(13) Permitting or allowing persons, either intentionally, through omission, or lack of supervision to commit those acts prohibited by section 62-14 of this Code or sections 9.1, 10.1, 10.2, 10.3.1 and 10.5 of the 1994 edition of the Uniform Public Offense Code for Kansas Cities, as adopted and amended by the city, within or upon any premises licensed under this article, to such an extent that the operation of the licensed premises injures or endangers the public health, safety or welfare.
(b) Prior to revoking or suspending any license, the city shall give ten days written notice to a person holding a license to sell cereal malt beverages, of the intent of the city to revoke or suspend a license. The licensee receiving notice from the city of an intent to revoke or suspend a license shall be enTitled to a public hearing before the governing body. The notice of intent to revoke or suspend a license shall include the date and time of the public hearing. The hearing shall be at the next regularly scheduled meeting of the governing body. At any hearing, the licensee may be represented by counsel, and the licensee and the city may introduce such witnesses and evidence as is deemed necessary and proper by the parties. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the governing body shall enter its decision as to whether the license in issue should be revoked, suspended, or allowed to remain in full force and effect.
(Code 1968, § 17-10; Ord. No. 1869, § 6, 10-4-94; Ord. No. 1914, § 1, 6-27-95)
State law references: License revocation or suspension, K.S.A. 41-2708.
Sec. 6-91. Temporary event cereal malt beverage permit.
(a) The governing body shall have the authority to grant to any person, a temporary event cereal malt beverage permit to allow the sale and consumption of cereal malt beverage at an event, activity or function (event), subject to the provisions of this section, as well as the other designated sections of chapter 6 of the Code.
(b) A temporary event cereal malt beverage permit shall be subject to the following conditions:
(1) The permit holder shall comply with, and be subject to, chapter 6, article 2, sections 6-31 through 6-55 of the Code.
(2) The duration of a temporary event cereal malt beverage permit shall not exceed one day.
(3) No more than six temporary event cereal malt beverage permits shall be issued to any person during any calendar year.
(4) Any person who otherwise would be disqualified for a cereal malt beverage retailer's license under section 6-84, shall not be eligible for a temporary event cereal malt beverage permit.
(c) Temporary cereal malt beverage permit applicants shall submit an application to the city clerk not less than 30 days prior to the event at which cereal malt beverage is planned to be sold and consumed. The application shall provide the following information to the city clerk:
(1) Name, residential or business address, and how long applicant has resided in Finney County, Kansas;
(2) Description of planned event, including type, date(s), location, and owner of property where event is to take place;
(3) Plans for security to be provided at event; and
(4) Any other information deemed relevant or necessary by the city clerk, chief of police, or governing body.
(d) The permit fee for a temporary event cereal malt beverage permit shall be established in section 42-51 of the Code.
(Ord. No. 2457-2009, § 1, 9-17-09)
Secs. 6-92– 6-125. Reserved.
ARTICLE III. ------------
State law references: Kansas liquor control act, K.S.A. 41-101 et seq.; local regulation of alcoholic liquor, K.S.A. 41-208.
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DIVISION 1. Sec. 6-126. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alcoholic liquor means alcohol, spirits, wine, beer, and every other liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.
Caterer means an individual, partnership, or corporation which sells alcoholic liquor by the individual drink, and provides services related to the serving thereof on unlicensed premises which may be open to the public, but does not include a holder of a temporary permit selling alcoholic liquor in accordance with the terms of such permit.
Cereal malt beverage means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor which is more than 3.2 percent alcohol by weight.
Class A club means a premises which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide nonprofit social, fraternal or war veterans' club, as determined by the state, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates (hereinafter referred to as members), and their families and guests accompanying them.
Class B club means a premises operated for profit by a corporation, partnership, or individual, to which members of such club may resort for the consumption of food or alcoholic beverages and for entertainment.
Club means a class A or class B club.
Drinking establishment means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.
Employee means any person who, within a place of business licensed under this article, serves, opens, pours, or provides, or in any way handles alcoholic liquor for or at the direction of the licensee.
Licensee means a person who has a license or permit to sell alcoholic liquor whether as a retailer of alcoholic liquor or as an operator of a club or a drinking establishment.
Place of business means any specific location or premises at which alcoholic liquors are sold, dispensed, or consumed.
Premises means the building as well as the grounds, lot or lots, or tract of ground in or upon which a place of business is located.
Retailer of alcoholic liquor means a person, partnership or corporation which holds a license from the state and/or the city to sell alcoholic liquor (including beer which is more than 3.2 percent of alcohol by weight) at retail for only off-premises consumption and only in the original package.
Temporary permit means a permit, issued in accordance with the laws of the state, which allows the permit holder to offer for sale, sell and serve alcoholic liquor for consumption on unlicensed premises open to the public.
(Code 1968, § 17-32; Ord. No. 1869, § 12, 10-4-94)
Cross references: Definitions generally, § 1-2.
State law references: Similar provisions, K.S.A. 41-102, 41-2601.
Sec. 6-127. Penalty.
(a) Except as otherwise provided in this article a violation of any of the provisions of this article is a class B offense, punishable as provided in section 1-8.
(b) If any person which holds a license or a permit to sell alcoholic liquor which has been issued by the city has violated any provision or section of this article, the governing body of the city may permanently revoke or suspend for any period of time, such license or permit. This subsection (b) shall apply to all licenses to sell alcoholic liquor which have been issued by the city, whether they are for the sale of alcoholic liquor as a retailer of alcoholic liquor selling alcoholic liquor in the original and unopened package for off-premises consumption, or as an operator of a private club or as an operator of a drinking establishment.
(c) The penalties and/or remedies created by this section are cumulative in nature and may be exercised in lieu of or in addition to any other right, remedy or action available to the city. The exercise of any right, remedy, or action made available to the city by this article shall not be deemed to be a waiver of any other right, remedy, or action available to the city.
(Code 1968, § 17-43; Ord. No. 1869, § 16, 10-4-94)
Sec. 6-128. Occupation tax; amount; when due.
There is hereby levied an annual occupation tax on each retailer of alcoholic liquor (including beer containing more than 3.2 percent of alcohol by weight) for off-premises consumption only and only in the original package. Such annual occupation tax is in the amount established in section 42-48. Such tax must be paid before any such business is begun and must be paid within five days after any renewal of a state license.
(Code 1968, § 17-34)
State law references: Authority to levy occupation tax on retailers of alcoholic liquor, K.S.A. 41-310.
Sec. 6-129. Location restricted.
(a) It shall be unlawful to sell alcoholic liquor or cereal malt beverage, whether for on or off-premises consumption, as a retailer of alcoholic liquor, drinking establishment or club, within 200 feet of any school, church, or library, and in addition, for a retailer of alcoholic liquor, within 200 feet of any college. The 200-foot restriction in this section shall be measured in the shortest straight line from the property line of the school, church, library, or college to the nearest portion of the building or part thereof, occupied for the use allowed by the license granted by the city.
(b) This section shall not apply to any place of business granted a license prior to adoption of this section, or the renewal of any such license. In the event such place of business ceases to be occupied for the use allowed by the license granted by the city, for a period of 120 days or more, except during periods when the place of business is being repaired because of damage caused by fire or natural disaster, or such premises is used for any other type of business, no new license shall be issued if the place of business is not in compliance with this section.
(c) If a school, church, library, or college locates within 200 feet of a place of business licensed to sell at retail, whether for on or off -premises consumption, any alcoholic liquor or cereal malt beverage, following adoption of this section, the location restriction of this section shall not apply, and the license in effect at the time and any renewal thereof, shall be granted, whether continuation of operation of the place of business is by the same licensee, or a different licensee as a result of sale, lease, or other conveyance of interest in the place of business.
(d) The following terms for purposes of this section, shall be defined as follows:
(1) Church - Any building used exclusively for public worship and which is exempt from taxation from all property and ad valorem taxes levied under the laws of the state of Kansas.
(2) College - Any institution offering post-secondary education and training, including community colleges, universities, or technical and vocational institutions.
(3) Library - A place where books, periodicals, tapes, CDs, or films are kept for reading, reference, or lending, and which serves the general public and is supported in whole or part with public funds.
(4) School - Any public or parochial school, offering courses in general instruction, containing any of the grades kindergarten through 12.
(e) No license shall be issued if the building or intended use does not comply with the zoning ordinance or building, life safety, fire, or health codes of the city.
(Ord. No. 2286, § 1, 9-28-04)
Sec. 6-130. Sanitary conditions.
(a) It shall be unlawful for the licensee or a manager for the licensee or an employee of the licensee to fail to comply with any one of the following conditions:
(1) All parts of the licensed premises including furnishings and equipment shall be kept clean and in a sanitary condition, free from flies, rodents, and vermin at all times.
(2) The licensed premises shall have at least one restroom for each sex easily accessible at all times to its patrons and employees.
(3) The restroom shall be equipped with at least one lavatory with hot and cold running water, be well lighted, and be furnished at all times with soap and paper towels or other mechanical means of drying hands and face.
(4) Each restroom shall be provided with adequate toilet facilities which shall be of sanitary design and readily cleanable.
(5) The doors of all toilet rooms shall be self-closing and toilet paper at all times shall be provided.
(6) Easily cleanable receptacles shall be provided for waste material and such receptacles in toilet rooms for women shall be covered.
(7) The restrooms shall at all times be kept in a sanitary condition and free of offensive odors.
(b) The premises shall be at all times subject to inspection by authorized agents of the city.
(c) Each violation of any subsection set out above shall be deemed to be a separate offense.
(d) The provision of this section shall only apply to a place of business designated as a club or drinking establishment in section 6-126, and it shall not apply to a place of business licensed for sale of alcoholic liquor at retail for only off-premises consumption and only in the original package.
(Ord. No. 1869, § 13, 10-4-94)
Sec. 6-131. State license required; issuance.
(a) A holder of a state license to operate a business as a retailer of alcoholic liquor, club, or drinking establishment shall present proof of such a state license when applying for a city license and payment of the occupation tax levied in section 6-128.
(b) Each application for city license to operate a business as a club or drinking establishment shall be accompanied by a certificate from the city health officer or such officer's qualified representative certifying that such officer has inspected the premises to be licensed and that the same comply with the health code and/or ordinances of the city.
(c) Each application for city license to operate a business as a club or drinking establishment shall be accompanied by a certificate from the city fire chief or such officer's qualified representative certifying that such officer has inspected the premises to be licensed and the same complies with the fire code and/or ordinances of the city.
(d) Upon payment of such annual occupation tax and the receipt of the certifications from the city's health officer and fire chief, the city clerk shall issue a city license to operate a business as a club or drinking establishment. Such license shall be for the same terms as the state license.
(Code 1968, § 17-35; Ord. No. 1869, § 14, 10-4-94)
Sec. 6-132. Time of sales.
No retailer of alcoholic liquor shall sell at retail any alcoholic liquor:
(1) On Sunday.
(2) On Memorial Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Day.
(3) Before 9:00 a.m. or after 11:00 p.m. on any day when the sale of alcoholic liquor is permitted.
(Code 1968, § 17-36; Ord. No. 1869, § 15, 10-4-94)
State law references: Similar provisions, K.S.A. 41-712.
Sec. 6-133. Consumption in public places.
(a) It shall be unlawful for any person to consume or possess any opened original container of, or other container holding, alcoholic liquor upon any street, avenue, alley, sidewalk, public park, public building, public facility, any designated place of public assembly, or any real property owned by the city, Finney County, or the state of Kansas, not licensed for on-premise consumption under this article, unless such possession or consumption has been specifically authorized by action of the governing body, or such possession or consumption has been specifically authorized by a state, county, or city governing body owning a public building, facility or real property in or on which such possession or consumption is intended; however, the prohibition set out in this section shall not apply to persons who are upon or within their own private residential property or to the guests of persons who are upon or within their own private residential property.
(b) The following public properties or facilities shall be exempt from the provisions of subsection (a) and K.S.A. 41-719(c): Garden City Regional Airport restaurant, the motor vehicle raceway at the Garden City Regional Airport, Lee Richardson Zoo, and Buffalo Dunes Golf Course. This subsection specifically authorizes the consumption of alcoholic liquor at Garden City Regional Airport restaurant, the motor vehicle raceway at Garden City Regional Airport, Lee Richardson Zoo, and Buffalo Dunes Golf Course, in accordance with policies adopted by each facility. This subsection further specifically authorizes the possession or consumption of alcoholic liquor at Lee Richardson Zoo or Buffalo Dunes Golf Course, in accordance with policies adopted by Lee Richardson Zoo or Buffalo Dunes Golf Course, and only after authorization by the governing body for each event or activity seeking to have the possession or consumption of alcoholic liquor at Lee Richardson Zoo or Buffalo Dunes Golf Course.
(Ord. No. 2411, § 1, 7-8-08)
Sec. 6-134. Furnishing to persons under age; misrepresentation of age.
(a) It shall be unlawful for any person to knowingly or unknowingly sell, give away, dispose of, exchange, dispense or deliver, or permit the sale, gift, dispensing or procurement, or in any way transfer alcoholic liquor to or for a person below the age of 21 years.
(b) It shall be unlawful for any person who has not attained the age of 21 years to represent that such person has attained the age of 21 years for the purpose of asking for, purchasing, receiving, or in any way obtaining possession or control of any alcoholic liquor.
(Code 1968, § 17-38)
State law references: Similar provisions, K.S.A. 41-727.
Sec. 6-135. Conduct contrary to public welfare.
(a) The following conduct by a licensed manager or employee of a licensee, when committed in or upon the licensed premises, is deemed to be contrary to the public welfare and is prohibited:
(1) Remaining or permitting any person to remain in or upon the premises who exposes to view any portion of the female breasts below the top of the areola or any portion of male/female pubic hair, anus, buttocks or genitals;
(2) Permitting any employee or manager on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any other employee or any patron;
(3) Encouraging or permitting any patron on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva, or genitals of any employee;
(4) Performing or permitting any person to perform on the licensed premises an act or acts which simulate:
a. Sexual intercourse, masturbation, sodomy, or any other sexual act which is prohibited by law; or
b. Touching, caressing or fondling such person's breasts, buttocks, anus or genitals;
(5) Using or permitting any person to use, on the licensed premises, any artificial devices or inanimate objects to depict any of the acts prohibited by subsection (a)(4) of this section; or
(6) Showing or permitting any person to show on the licensed premises any motion picture, film, photograph, electronic reproduction or other visual reproduction depicting:
a. Acts or simulated acts of sexual intercourse, masturbation, sodomy, or any sexual act which is prohibited by law;
b. The touching, caressing or fondling of the buttocks, anus, pubic hair, genitals or the female breasts; or
c. Scenes in which a person displays the buttocks, anus, genitals, pubic hair or the female breasts.
(b) As used in this section, the term "premises" means the premises licensed by the city as a business or establishment which sells alcoholic liquor, a private club or a drinking establishment, and such other areas, under the control of the licensee or employees, that are in such close proximity to the licensed premises that activities and conduct of persons within such other areas may be viewed by persons on or within the licensed premises.
(Code 1968, § 17-39)
Sec. 6-136. Possession in premises licensed to sell cereal malt beverages.
It shall be unlawful for any person to have in such person's possession any alcoholic liquor while in any place of business in the city licensed to sell cereal malt beverages by the city, unless the premises in question are also covered by a state and a city license to sell alcoholic liquor.
(Code 1968, § 17-40)
Sec. 6-137. Reserved.
Sec. 6-138. Drive-up windows prohibited.
It shall be unlawful for any retailer of alcoholic liquor to sell, give away, dispose of, exchange, dispense or deliver, or permit the sale, giving away, dispensing, procurement or transfering of alcoholic liquor through a drive-up window to any person in a motor vehicle, or utilizing any means of transportation, or to a pedestrian, from any place of business where alcoholic liquors are sold.
(Ord. No. 2088, § 1, 7-13-99)
Secs. 6-139– 6-155. Reserved.
DIVISION 2. ------------
State law references: Clubs, K.S.A. 41-2601 et seq.; local regulation of clubs, K.S.A. 41-2631.
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Sec. 6-156. Penalty.
If the licensee has violated any of the provisions of this division, the governing body, upon five days' written notice to the person holding such license to sell alcoholic liquor, may permanently revoke or suspend for any period of time, such license and the individual holding the license may be charged in municipal court with a violation of the alcoholic liquor laws of the city.
(Code 1968, § 17-57; Ord. No. 1869, § 18, 10-4-94)
Sec. 6-157. License required.
It shall be unlawful for any person granted a private club license by the state, to sell or serve any alcoholic liquor authorized by such license within the city without first obtaining a local license from the city clerk.
(Code 1968, § 17-54)
Sec. 6-158. License fee.
(a) There is hereby levied an annual license fee on each private club located in the city which has a private club license issued by the state director of alcoholic beverage control, which fee shall be paid before business is begun under an original state license and within five days after any renewal of a state license. The city license fee for a class A club shall be as established in section 42-49 and the city license fee for a class B club shall be as established in section 42-49.
(b) All applications for new or renewal city licenses shall be submitted to the city clerk. Upon presentation of a state license, payment of the city license fee and the license application, the city clerk shall issue a city license for the period covered by the state license, if there are no conflicts with any zoning or alcoholic beverage ordinances of the city.
(c) The license period shall extend for the period covered by the state license. No license fee shall be refunded for any reason.
(d) Every licensee shall cause the city club license to be placed in plain view next to or below the state license in a conspicuous place on the licensed premises.
(Code 1968, § 17-55)
State law references: Authority to levy occupation tax on clubs, K.S.A. 41-2622; display of state license, K.S.A. 41-2612.
Sec. 6-159. Business regulations.
(a) No club licensed under this division shall allow the serving, mixing, or consumption of alcoholic liquor on its premises between the hours of 2:00 a.m. and 9:00 a.m. on any day.
(b) Cereal malt beverages may only be sold, served, mixed, or consumed on premises licensed for the retail sale of cereal malt beverages and alcoholic liquor for on-premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises.
(c) No alcoholic liquor or cereal malt beverages shall be given, sold, or traded to, or allowed to be consumed by, any person under 21 years of age, unless otherwise authorized or allowed by law.
(d) No child under the age of 16 years, not a legal employee of a club, shall be allowed to be on the premises of a club after 10:30 p.m. on any day, unless the child is accompanied at all times by a parent or legal guardian.
(e) No child 16 years of age, but under the age of 18 years, not a legal employee of a club, shall be allowed to be on the premises of a club after 12:00 midnight on any day, unless the child is accompanied at all times by a parent or legal guardian.
(Ord. No. 2240, § 1, 8-12-03)
State law references: Hours of club operation, K.S.A. 41-2614; possession or consumption of alcohol by underaged person, K.S.A. 41-2615.
Sec. 6-160. Revocation; suspension; repeated violations.
(a) The governing body may permanently revoke or cause to be suspended for any period of time the license of a person holding a license for a class A or B club under section 6-157, for any one of the following reasons, or for any violation of any provision or section of this article:
(1) Repeated violations of the noise ordinances of the city by a licensee or any employee of a licensee. For purposes of this section, repeated violations shall be five or more complaints during a calendar year which result in five or more convictions of a licensee or an employee for a violation of section 62-9 of this Code.
(2) Permitting or allowing persons, either intentionally, through omissions, or lack of supervision to commit those acts prohibited by section 62-14 of this Code or sections 9.1, 10.1, 10.2, 10.3.1 and 10.5 of the Uniform Public Offense Code for Kansas Cities, as adopted and amended by the city from time to time, within or upon any premises licensed under this article, to such an extent that the operation of the licensed premises injures or endangers the public health, safety or welfare.
(b) Prior to revoking or suspending any license, the city shall give ten days written notice to a person holding a license to sell alcoholic liquor or cereal malt beverages, of the intent of the city to revoke or suspend a license. The licensee receiving notice from the city of an intent to revoke or suspend a license, shall be entitled to a public hearing before the governing body. The notice of intent to revoke or suspend a license shall include the date and time of the public hearing. The hearing shall be at the next regularly scheduled meeting of the governing body. At any hearing, the licensee may be represented by counsel, and the licensee and the city may introduce such witnesses and evidence as is deemed necessary and proper by the parties. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the governing body shall enter its decision as to whether the license in issue should be revoked, suspended, or allowed to remain in full force and effect.
(Ord. No. 2246, § 1, 8-26-03)
Secs. 6-161– 6-175. Reserved.
DIVISION 3. ------------
State law references: Drinking establishments, K.S.A. 41-2601 et seq.; local regulation of drinking establishments, K.S.A. 41-2631.
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Sec. 6-176. Penalty.
If the licensee has violated any of the provisions of this division, the governing body upon five days' written notice to the person holding such license to sell alcoholic liquor may permanently revoke or suspend for any period of time, such license and the individual holding the license may be charged in municipal court with a violation of the alcoholic liquor laws of the city.
(Code 1968, § 17-62; Ord. No. 1869, § 20, 10-4-94)
Sec. 6-177. License required.
It shall be unlawful for any person granted a drinking establishment license by the state to sell or serve any alcoholic liquor authorized by such license within the city without first obtaining a city license from the city clerk.
(Code 1968, § 17-59)
Sec. 6-178. License fee.
(a) There is hereby levied an annual license fee in the amount established in section 42-50 on each drinking establishment located in the city which has a drinking establishment license issued by the state director of alcoholic beverage control, which fee shall be paid before business is begun under an original state license and within five days after any renewal of a state license.
(b) All applications for a new or renewal city licenses shall be submitted to the city clerk. Upon presentation of a state license, payment of city license fee and the license application, the city clerk shall issue a city license for the period covered by the state license, if there are no conflicts with any zoning or alcoholic beverage ordinances of the city.
(c) The license period shall extend for the period covered by the state license. No license fee shall be refunded for any reason.
(d) Every licensee shall cause the city drinking establishment license to be placed in plain view next to or below the state license in a conspicuous place on a licensed premises.
(Code 1968, § 17-60)
GENERALLY
RETAIL ESTABLISHMENTS
In General
License
ALCOHOLIC LIQUOR*
GENERALLY
CLUBS*
DRINKING ESTABLISHMENTS*