[Ord. No. 1411 §1, 2-18-2013; Ord. No. 1512, 2-18-2019]
A. 
As used in this Article, the words and phrases used herein shall have the meanings set forth under State law, as the same exist from time to time, unless the context otherwise requires.
B. 
As used in this Article, "Enhanced Cereal Malt Beverage" means: (i) "cereal malt beverage" as that term is defined in K.S.A. 41-2701, and amendments thereto, provided such term is expanded to include, (2) 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.
[Ord. No. 1411 §1, 2-18-2013; Ord. No. 1512, 2-18-2019]
No person shall sell any enhanced cereal malt beverage at retail without first having secured a license from the City for each place of business which such person desires to operate within the corporate limits of the City of Mulvane, Kansas, as herein provided. Any person holding a valid license to sell a cereal malt beverage on April 1, 2019, shall be deemed to hold a cereal malt beverage license for the sale of enhanced cereal malt beverages on such date for the same term of the originally issued license.
[Ord. No. 1411 §1, 2-18-2013; Ord. No. 1512, 2-18-2019]
A. 
The license tax for the retail sale of enhanced cereal malt beverages (as a general retailer, limited retailer or temporary retailer) shall be as set forth in Section 100.240.
B. 
The full amount of the license tax shall be required regardless of the time of the year in which the application is made and the licensee shall be authorized to operate under the license for only the remainder of the calendar year in which the license is issued.
[Ord. No. 1411 §1, 2-18-2013; Ord. No. 1512, 2-18-2019]
Any person desiring to obtain or renew an enhanced cereal malt beverage license shall make an application to the Governing Body of the City and accompany the application by the required license tax for such place of business for which the person desires the license. The application shall be verified, upon a form prepared by the Attorney General of the State of Kansas, as in effect from time to time.
[Ord. No. 1411 §1, 2-18-2013; Ord. No. 1512, 2-18-2019]
Subject to the restrictions, qualifications, and limitations of State law, if the application for license is in proper form and accompanied by the license tax, the Governing Body shall examine the application and shall thereafter issue or renew a license to the applicants qualified at law.
[Ord. No. 1411 §1, 2-18-2013; Ord. No. 1512, 2-18-2019]
The journal of the Governing Body shall show the action taken, and if the license is granted, the action of the Governing Body shall direct the officers charged by law to issue other licenses under the general licensing power of the City to execute the license by order of the Governing Body. The license shall not be transferable. The license shall state that it is not transferable and the calendar year for which issued. The license shall be kept posted in a conspicuous place in the place of business.
[Ord. No. 1411 §1, 2-18-2013; Ord. No. 1512, 2-18-2019]
A. 
Any person desiring to obtain a special event permit shall make an application to the City Clerk and accompany the application by the required license tax. Upon receipt of a properly completed application and the accompanying tax, the City Administrator or City Clerk may issue a special event permit, which shall allow the holder of such permit to offer for sale, sell and serve enhanced cereal malt beverages for consumption on specified unlicensed premises within the City, provided that:
1. 
The special event permit specifies the premises for which the permit is issued;
2. 
The special event permit is issued only for the duration of the special event, the dates and hours of which are specified in the permit;
3. 
No more than four (4) special event permits are issued to any one (1) applicant in a calendar year; and
4. 
The special event permit is not to be transferable or assignable.
Any applicant for a special event permit shall pay the City, at the time of application, the required license tax in cash as provided for in Section 100.240 of this Code for each temporary permit issued hereunder. For the purposes of this Chapter, a special event permit shall be considered a "license" and any holder of a special event permit shall be considered a " licensee."
[Ord. No. 1411 §1, 2-18-2013; Ord. No. 1512, 2-18-2019]
In addition to any and all other penalties imposed hereunder or under State law, the Governing Body of the City may suspend, or revoke an enhanced cereal malt beverage license for any violation of this Chapter, any violation of the Kansas Liquor Control Act, as amended from time to time, and for the reasons set forth, and in the manner provided by State law.
[Ord. No. 1411 §1, 2-18-2013; Ord. No. 1512, 2-18-2019]
It shall be unlawful for any wholesaler and/or distributor, his/her or its agents or employees to sell and/or deliver any enhanced cereal malt beverages within this 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 Kansas Department of Revenue.