[Amended 5-15-2019 by Ord. No. 230]
No person shall sell any cereal malt beverage, or, effective April 1, 2019, any enhanced cereal malt beverage, at retail without having first secured a license for each place of business located within the corporate limits of the City of Mission Woods, and as herein provided. Application for a license shall be made to the governing body of the City of Mission Woods and filed with the City Clerk upon a form prepared by the Attorney General of the State of Kansas, which shall be verified and shall contain the following information:
(a) 
The name and residence of the applicant and how long he has resided within the State of Kansas;
(b) 
The particular place for which the 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 21 years of age, and that he 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 state of the United States;
(e) 
A statement that the license is for retail sale for off-premises consumption only or that the license is for on-premises consumption and retail sale.
Such application for on-premises consumption and retail sale shall be accompanied by a fee of $200.
[Amended 5-15-2019 by Ord. No. 230]
Such application for off-premises consumption to sell cereal malt beverages, or, effective April 1, 2019, enhanced cereal malt beverages, at retail only, in the original and unopened containers and not for consumption on the premises, shall be accompanied by an application fee of $100.
After examination of the application, the governing body of the City shall, if the applicant is qualified as provided by law, said qualifications to be passed upon by the governing body, upon the recommendation of the City Attorney, issue a license to said applicant if such application be approved by the governing body in accordance with the terms of the application. No license shall be issued to:
(a) 
A person who is not of good character and reputation in the community in which he resides;
(b) 
A person who is not a citizen of the United States;
(c) 
A person who within two 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;
(d) 
A copartnership, unless one of the copartners is a resident of the City in which the premises covered by the license is located and unless all members of such copartnership shall otherwise be qualified to obtain a license;
(e) 
A corporation, if any manager, officer, director thereof, or any stockholder owning in the aggregate more than 25% of the stock of such corporation, would be ineligible to receive a license hereunder f or any reason other than non-residence within the City or county;
(f) 
A person whose place of business is conducted by a manager or agent unless said manager or agent possesses the same qualifications required of a licensee.
[Amended 5-15-2019 by Ord. No. 230]
If, after examination of the application by the governing body of the City, it shall approve the same, the City Clerk shall cause to be issued a license signed by the Mayor and attested by the Clerk and affixed with the Seal of the City authorizing the applicant to sell cereal malt beverages, and, effective April 1, 2019, enhanced cereal malt beverages, at retail only. Said licenses shall not be transferable and shall be issued for the calendar year, beginning January 1. Every licensee shall cause the City cereal malt beverage license, or, effective April 1, 2019, the enhanced cereal malt beverage license, to be placed in a conspicuous place on the licensed premises.
[Amended 5-15-2019 by Ord. No. 230]
(a) 
Upon five days' written notice to the persons holding such license, the governing body shall revoke such license for any one on the following reasons:
(1) 
If a licensee has fraudulently obtained the license by giving false information on the application therefor;
(2) 
If the licensee has violated any of the provisions of this article or any rule or regulation of the City relating hereto;
(3) 
If the licensee has become ineligible to obtain a license as provided herein;
(4) 
Drunkenness of the person holding such license or permitting the presence of any intoxicated person in his place of business;
(5) 
The sale of cereal malt beverage to persons under the age of 18 years;
(6) 
The nonpayment of any license fees;
(7) 
Permitting any gambling in or upon such premises;
(8) 
Permitting any person to mix drinks with material purchased inside the place of business or brought in for this purpose;
(9) 
The employment of persons under 18 years of age in dispensing cereal malt beverage;
(10) 
The employing of persons who have been adjudged guilty of a felony or any violation of the intoxicating liquor laws of this state or of this article.
(b) 
Within 20 days after the order of revocation is issued, the governing body shall hold a public hearing upon said written notice of their intent to revoke such City license. After such hearing, the governing body shall confirm or suspend the revocation by majority vote of this quorum. In cases of the revocation of the license of any licensee, no new license shall be issued to any such person or any person acting for or on his behalf for a period of six months thereafter.
[Amended 5-15-2019 by Ord. No. 230]
No person shall sell at retail any cereal malt beverage, or, effective April 1, 2019, any enhanced cereal malt beverage, within the corporate limits of the City:
(a) 
On the day of any national, state, county, or City election, including primary elections, during the hours the polls are open, within the political area in which such election is being held;
(b) 
On the first day of the week, commonly called "Sunday";
(c) 
On Thanksgiving day or Christmas day;
(d) 
Before 9:00 a.m. or after 12:00 midnight, on any day when sale is permitted.
[Amended 5-15-2019 by Ord. No. 230]
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500 or by imprisonment in the county jail for not more than three months.