[CC 1965 § 9-1301; Ord. No. G-676, 11-10-1987]
The following terms as used in this Article shall have these prescribed meanings:
ALCOHOLIC LIQUOR
Alcohol, spirits, wine, beer and every 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
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 BEVERAGES
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% alcohol by weight.
CLASS A CLUB
A premises which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide non-profit social, fraternal or war veterans' club, as determined by the State of Kansas, 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
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
A Class A or Class B club.
DRINKING ESTABLISHMENT
Premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.
TEMPORARY PERMIT
A permit, issued in accordance with the laws of the State of Kansas, which allows the permit holder to offer for sale, sell and serve alcoholic liquor for consumption on unlicensed premises, open to the public.
[CC 1965 § 9-1302; Ord. No. G-676, 11-10-1987]
A. 
No alcoholic liquor shall be sold or served by a person holding a license or permit from the City whose place of business or other premises are located within 200 feet of any school, said distance to be measured from the nearest property line of such school, to the nearest portion of the building occupied by the premises.
B. 
The distance location of Subsection A above shall not apply to a club, drinking establishment, caterer or Temporary Permit holder when the license or permit applicant petitions for and receives a waiver of the distance limitation from the Governing Body. The Governing Body shall grant such a waiver only following public notice and hearing and a finding by the Governing Body that the proximity of the establishment is not adverse to the public welfare or safety.
C. 
No license or permit shall be issued for the sale of alcoholic liquor if the building or use does not meet the Zoning Ordinance requirements of the City or conflicts with other City laws, including building and health codes.
[CC 1965 § 9-1303; Ord. No. G-676, 11-10-1987]
Any person allowing consumption of alcoholic liquor in violation of any City Ordinance or State law on any property owned, leased, or otherwise under his/her control shall thereby subject himself/herself and the property on which said illegal consumption takes place to the penalties hereinafter provided.
[CC 1965 § 9-1304; Ord. No. G-676, 11-10-1987; Ord. No. G-1094, 1-4-2011]
If the license or permit holder has violated any of the provisions of Sections 605.220—605.230, the Governing Body of the City, upon five days' written notice to a person holding a license or permit to sell alcoholic liquor, may permanently revoke or cause to be suspended for a period of not more than 30 days such license or permit, and the individual holding a license or permit is guilty of a misdemeanor and upon conviction thereof shall be punished as provided by Section 200.010 of Article V, Chapter 100, Title 1 of this Code.
[CC 1965 § 9-1305; Ord. No. G-676, 11-10-1987]
It shall be unlawful for any person granted a Drinking Establishment License by the State of Kansas to sell or serve any alcoholic liquor authorized by such license within in the City without first obtaining a license from the City Clerk.
[CC 1965 § 9-1306; Ord. No. G-676, 11-10-1987]
A. 
There is hereby levied an annual license fee in the amount of $250 on each drinking establishment located in the City which has a Drinking Establishment License issued by the State Director of Alcoholic Beverages 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 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 a period covered by the State License, if there are no conflicts with any Zoning, Alcoholic Beverages, Health or other 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 the licensed premises.
[CC 1965 § 9-1307; Ord. No. G-676, 11-10-1987; Ord. No. G-831, 10-18-1994; Ord. No. G-1167, 7-21-2015]
A. 
No drinking establishment licensed hereunder shall allow the serving, mixing, possession or consumption of alcoholic liquor on its premises between the hours of 2:00 a.m. and 6:00 a.m. on any day.
B. 
Cereal malt beverages may be sold on premises licensed for the retail sale of cereal malt beverages for on-premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises.
C. 
No alcoholic beverages or cereal malt beverages shall be given, sold or traded to any person under 21 years of age.
D. 
No drinking establishment licensed hereunder shall be open to the public between the hours of 2:00 a.m. to 6:00 a.m. on any day.
[CC 1965 § 9-1308; Ord. No. G-676, 11-10-1987]
A. 
If the licensee has violated any of the provisions of Sections 605.250—605.270, the Governing Body of the City, upon five days' written notice to the person holding such license to sell alcoholic liquor, may permanently revoke or cause to be suspended for a period of not more than 30 days 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 and upon conviction shall be punished by:
1. 
A fine of not more than $500; or
2. 
Imprisonment in jail for not more than 180 days; or by
3. 
Both such fine and imprisonment.
[CC 1965 § 9-1309; Ord. No. G-676, 11-10-1987]
It shall be unlawful for any person granted a Private Club License by the State of Kansas to sell or serve any alcoholic liquor authorized by such license within the City without first obtaining a local license from the City Clerk.
[CC 1965 § 9-1310; Ord. No. G-676, 11-10-1987]
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 $250 and the City License fee for a Class B Club shall be $250.
B. 
All applications for new or renewal City License 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, Alcoholic Beverages, Health or other 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 Private Club License to be placed in plain view next to or below the State License in a conspicuous place on the licensed premises.
[CC 1965 § 9-1311; Ord. No. G-676, 11-10-1987; Ord. No. G-831, 10-18-1994]
A. 
No club licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor on its premises between the hours of 2:00 a.m. and 6:00 a.m. on any day.
B. 
Cereal malt beverages may be sold on premises licensed for the retail sale of cereal malt beverages for on-premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises.
C. 
No club membership shall be sold to any person under 21 years of age, nor shall alcoholic beverages or cereal malt beverages be given, sold or traded to any person under 21 years of age.
D. 
No Class B Club licensed hereunder shall be open to the public between the hours of 2:00 a.m. to 6:00 a.m. on any day.
[CC 1965 § 9-1312; Ord. No. G-676, 11-10-1987]
A. 
If the licensee has violated any of the provisions of Sections 605.290—605.310, the Governing Body of the City, upon five days' written notice to the person holding such license to sell alcoholic liquor, may permanently revoke or cause to be suspended for a period of not more than 30 days 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 and upon conviction shall be punished by:
1. 
A fine of not more than $500; or
2. 
Imprisonment in jail for not more than 180 days; or by
3. 
Both such fine and imprisonment.
[CC 1965 § 9-1313; Ord. No. G-676, 11-10-1987]
It shall be unlawful for any person licensed by the State of Kansas as a caterer to sell alcoholic liquor by the drink, to sell or serve any liquor by the drink within the City without obtaining a local caterer's license from the City Clerk.
[CC 1965 § 9-1314; Ord. No. G-676, 11-10-1987]
A. 
There is hereby levied an annual license fee in the amount of $250 on each caterer doing business in the City who has a caterer's license issued by the State Director of Alcoholic Beverages 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 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, Alcoholic Beverages, Health or other 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 caterer license to be placed in plain view on any premises within the City where the caterer is serving or mixing alcoholic liquor for consumption on the premises.
[CC 1965 § 9-1315; Ord. No. G-676, 11-10-1987]
A. 
No caterer licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor between the hours of 2:00 a.m. and 6:00 a.m. on any day.
B. 
No alcoholic beverages or cereal malt beverages shall be given, sold or traded to any person under 21 years of age.
[CC 1965 § 9-1316; Ord. No. G-676, 11-10-1987]
Prior to any event at which a caterer will sell or serve alcoholic liquor by the individual drink, the caterer shall provide written notice to the Chief of Police at least 72 hours prior to the event if the event will take place within the City. The notice shall contain the location, name of the group sponsoring the event, and the exact date and times the caterer will be serving.
[CC 1965 § 9-1317; Ord. No. G-676, 11-10-1987; Ord. No. G-1094, 1-4-2011]
If the licensee has violated any of the provisions of Sections 605.330—605.360, the Governing Body of the City, upon five days' written notice to the person holding such Caterers License to sell alcoholic liquor, may permanently revoke or caused to be suspended for a period of not more than 30 days such license, and the individual holding the license is guilty of a misdemeanor and upon conviction thereof shall be punished as provided by Section 200.010 of Article V, Chapter 100, Title I of this Code.
[CC 1965 § 9-1318; Ord. No. G-676, 11-10-1987]
It shall be unlawful for any person granted a Temporary Permit by the State of Kansas to sell or serve any alcoholic liquor within the City without first obtaining a local Temporary Permit from the City Clerk.
[CC 1965 § 9-1319; Ord. No. G-676, 11-10-1987]
A. 
There is hereby levied a Temporary Permit fee in the amount of $25 per day on each group or individual holding a Temporary Permit issued by the State Director of Alcoholic Beverages Control authorizing sales within the City, which fee shall be paid before the event is begun under the State Permit.
B. 
Every Temporary Permit holder shall cause the Temporary Permit receipt to be placed in plain view on any premises within the City where the holder of the Temporary Permit is serving or mixing alcoholic liquor for consumption on the premises.
[CC 1965 § 9-1320; Ord. No. G-676, 11-10-1987]
A. 
It shall be unlawful for any person to conduct an event under a State issued Temporary Permit without first applying for a local Temporary Permit at least four days before the event. Written application for the local Temporary Permit shall be made to the City Clerk and shall clearly state:
1. 
The name of the applicant;
2. 
The group for which the event is planned;
3. 
The location of the event;
4. 
The date and time of the event;
5. 
Any anticipated need for police, fire or other municipal service.
B. 
Upon presentation of a State Temporary Permit, payment of the City's Temporary Permit fee and a written application as provided for in Subsection A, the City Clerk shall issue a local Temporary Permit to the applicant if there are no conflicts with any Zoning, Alcoholic Beverages, Health or other Ordinances of the City.
C. 
The City Clerk shall notify the Chief of Police whenever a Temporary Permit has been issued and forward a copy of the permit and application to the Chief of Police.
[CC 1965 § 9-1321; Ord. No. G-676, 11-10-1987]
A. 
No Temporary Permit holder shall allow the serving, mixing or consumption of alcoholic liquor between the hours of 2:00 a.m. and 6:00 a.m. at any event for which a Temporary Permit has been issued.
B. 
No alcoholic beverages shall be given, sold or traded to any person under 21 years of age.
[CC 1965 § 9-1322; Ord. No. G-676, 11-10-1987]
A. 
If the permit holder has violated any of the provisions of Sections 605.380—605.410, the Governing Body may revoke such Temporary Permit, and the individual holding the permit may be charged in Municipal Court with a violation of the alcoholic liquor laws of the City and upon conviction shall be punished by:
1. 
A fine of not more than $500; or
2. 
Imprisonment in jail for not more than 180 days; or by
3. 
Both such fine and imprisonment.