[Amended 10-17-1968 by Ord. No. 4103; 9-5-1974 by Ord. No.
4435]
As used in this article, the words and phrases
herein defined shall have the following meanings unless the context
otherwise requires:
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. § 41-2729 and amendments
thereto, but does not include any such liquor which is more than 6.0%
alcohol by weight.
[Amended 7-20-2009 by Ord. No. 6189; 3-18-2019 by Ord. No. 6428]
A licensee who has a license to make general retail sales
of cereal malt beverages.
A person who has a license as required by this article.
A licensee who has a license to sell only at retail cereal
malt beverages in original and unopened containers and not for consumption
on the premises.
Any place at which cereal malt beverages are sold.
Refer to and mean sales for use or consumption and not for
resale in any form and sales to clubs, licensed drinking establishments,
licensed caterers or holders of temporary permits. "Sell at retail,"
"sale at retail" and "retail sale" do not refer to or mean sales by
a distributor, a microbrewery, a farm winery, a licensed club, a licensed
drinking establishment, a licensed caterer or a holder of a temporary
permit.
[Amended 7-20-2009 by Ord. No. 6189]
A licensee who has a license to make retail sales of cereal
malt beverages for consumption on the premises; provided, however,
that over 50% of the licensee's income from the licensed premises
is derived from the operation of a cafe or dining room where food
for human consumption is prepared, cooked, and sold.
Persons who sell or offer for sale any beverage referred
to in this article to persons authorized by this article to sell cereal
malt beverages at retail.
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State law references — Cereal malt beverages
generally, K.S.A. § 41-2701 et seq. Definitions, K.S.A.
§§ 41-2701 and 41-102.
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[Amended 3-8-1982 by Ord. No. 5251; 10-18-1982 by Ord. No.
5268; 12-28-1987 by Ord. No. 5468; 12-4-1995 by Ord. No. 5714]
A.
No cereal malt beverages may be sold, distributed,
served or consumed on the premises between the hours of 12:00 midnight
and 6:00 a.m., or on Sunday before 12:00 noon or after 8:00 p.m.,
or on Easter.
[Amended 9-17-2007 by Ord. No. 6131; 6-2-2014 by Ord. No. 6315]
C.
Each 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 pursuant to the Club and
Drinking Establishment Act shall be open to law enforcement officers
and not to the public.
D.
Except as otherwise provided by this subsection, no
licensee shall permit a person under the legal age for consumption
of cereal malt beverage to consume or purchase any cereal malt beverage
in or about a place of business. A licensee's employee who is not
less than 18 years of age may dispense or sell cereal malt beverage
if:
[Amended 7-20-2009 by Ord. No. 6189]
(1)
The licensee's place of business is licensed only
to sell at retail cereal malt beverage in the original package and
not for consumption on the premises; or
(2)
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% 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.
E.
No person shall have any alcoholic liquor in such
person's possession while in a place of business, unless the premises
are currently licensed as a club or drinking establishment pursuant
to the Club and Drinking Establishment Act.
F.
Cereal malt beverages may be sold on premises which
are licensed pursuant to both the act contained in Article 27 of Chapter
41 of the Kansas Statutes Annotated and the Club and Drinking Establishment
Act at any time when alcoholic liquor is allowed by law to be served
on the premises.
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State law reference — Similar provisions,
K.S.A. § 41-2704.
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The place of business licensed and operating
under this article shall at all times have a front and rear exit unlocked,
and there shall be no partitions, curtains, private rooms, closed
booths, or other obstructions in the room in which such business is
operated that will prevent an unobstructed view of the entire premises
in which the customers are received. The premises shall be well lighted
during business hours.
The place of business licensed and operating
under this article and all equipment used in connection with such
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.
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State law reference — Authority to so
require, K.S.A. § 41-2704(a).
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[Amended 12-28-1987 by Ord. No. 5468]
No gambling device and no gambling shall be
permitted in any place of business licensed and operating under this
article except for legally authorized State Lottery games.
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State law reference — Authority to so
require, K.S.A. 41-2704(a).
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No cereal malt beverages shall be sold to any
intoxicated person, nor shall any intoxicated person be allowed to
drink such beverages in any place licensed and operating under this
article.
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State law reference — Authority to so
require, K.S.A. 41-2704(a).
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All premises licensed as special retailer shall
maintain at all times records and books of account showing the source
of income of said place of business. The books and records shall be
available for inspection by the police or other City employees authorized
by the City Manager to inspect them.
Any person engaged in retailing cereal malt
beverages under the terms of this article shall, upon demand by the
Chief of Police, his agent or any police officer, furnish samples
of any cereal malt beverages in his possession for the purpose of
testing the alcoholic content thereof.
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 beverages 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 beverages.
It shall be unlawful for any wholesaler, distributor,
or agent or employee thereof to sell or deliver cereal malt beverages
within the City unless such wholesaler or distributor has first obtained
a license from the state authorizing such sale.[1]
[1]
Editor's Note: Original § 3-51,
Transportation in opened containers, which immediately followed this
section, was repealed 9-17-2007 by Ord. No. 6131.
It shall be unlawful for any person to drink
cereal malt beverage or have in his possession an open container of
cereal malt beverage on any public street, alley, sidewalk, or place
to which the general public has access in the City.
A.
It shall be unlawful for any individual brewer or
group of brewers to sell, deliver or distribute cereal malt beverages
or malt products except to a licensed wholesaler or distributor of
such.
B.
Except as provided in Subsection C, no manufacturer, distributor, agent or wholesaler shall:
(1)
Directly or indirectly sell, supply, furnish, give,
pay for, loan or lease any furnishings, fixture or equipment on the
premises of a place of business of a retailer;
(2)
Directly or indirectly pay for any retailer's license
or advance, furnish, lend or give money for payment of such license;
(3)
Purchase or become the owner of any note, mortgage
or other evidence of indebtedness of a retailer or any form of security
therefor;
(4)
Directly or indirectly be interested in the ownership,
conduct or operation of the business of any retailer; or
(5)
Be directly or indirectly interested in or owner,
part owner, lessee or lessor of any premises upon which cereal malt
beverages are sold at retail.
C.
A distributor, agent or wholesaler may sell tapping
and dispensing equipment, as defined by rules and regulations adopted
under Article 27 of Chapter 41 of the Kansas Statutes Annotated, at
not less than the cost paid for such equipment by the distributor,
agent or wholesaler. The terms of any such sale shall comply with
the provisions of K.S.A. § 41-2706. Such sales shall not
be subject to any repurchase agreement.
D.
No manufacturer, distributor or wholesaler shall,
directly or indirectly or through a subsidiary or affiliate, or by
any officer, director or firm of such manufacturer, distributor or
wholesaler, furnish, give, lend or rent any interior decorations,
other than signs, costing in the aggregate more than $100 in any one
calendar year for use in or about or in connection with any one establishment
on which products of the manufacturer, distributor or wholesaler are
sold.
E.
No person engaged in the business of manufacturing,
distributing or wholesaling cereal malt beverages shall, directly
or indirectly, pay for or advance, furnish or lend money for the payment
of any license for another.
F.
Any licensee who shall permit or assent or be a party
in any way to any violation or infringement of the provisions of this
section shall be deemed guilty of a misdemeanor.
G.
No wholesaler or distributor shall sell any cereal
malt beverage to any person who has not secured a license as provided
for in this article, and no wholesaler or distributor shall sell any
cereal malt beverage to any retailer located outside the geographic
area designated in the wholesaler's or distributor's application for
a state license, except that if any wholesaler or distributor shall
refuse to sell any cereal malt beverage or provide service in connection
with that sale to any retailer located within such wholesaler's or
distributor's geographic territory, it shall be lawful for any other
wholesaler or distributor to sell any such cereal malt beverage to
such retailer.
H.
Except as provided in Subsection I, no individual brewer or group of brewers shall directly or indirectly, or through a subsidiary or affiliate, or by any officer, director or firm of such brewer or group of brewers:
(1)
Furnish, give or lend money for the payment of any
license for any wholesaler;
(2)
Have or own any financial interest directly or indirectly
in the ownership, conduct or operation of the business of any wholesaler
in the state;
(3)
Be directly or indirectly interested in or owner,
part owner, lessee or lessor of any premises upon which cereal malt
beverages are sold at wholesale; or
(4)
Engage in the wholesale distribution of cereal malt
beverages or malt products.
I.
Nothing in this section shall be construed to prohibit
any brewer from making sale and deliveries of cereal malt beverages
or malt products to licensed wholesalers, or to a branch, subsidiary
or affiliate located in the State of Kansas, from which, on or before
January 14, 1947, the brewer had been dispensing at wholesale cereal
malt beverage or malt products and for which the brewer holds, directly
or indirectly, a license and pays a license tax as provided for by
state law.
J.
Nothing contained in this section shall make it unlawful
for any person to be a member of a licensed club.
K.
No brewer or other supplier shall enter into an agreement
for the distribution of a brand of cereal malt beverage with more
than one wholesaler or distributor of cereal malt beverages for all
or part of any designated geographic territory. No supplier or distributor
shall terminate or modify an agreement for the distribution of a brand
of cereal malt beverage or alter the geographic territory designated
in an agreement unless such supplier or distributor files written
notice thereof with the state not less than 30 days prior to the termination,
modification or alteration.
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State law reference — Similar provisions,
K.S.A. § 41-2705.
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Except as otherwise provided in this article,
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 City jail for not more than one year, or by both such fine and
imprisonment. Each day's violation shall be deemed a separate offense.
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State law reference — Penalty for violation
of state act regulating cereal malt beverages, K.S.A. § 47-2711.
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No person shall sell any cereal malt beverages
at retail without first having secured a license for each place of
business which such person desires to operate within the City. A person
having a limited retailer's license shall sell only at retail cereal
malt beverages in original and unopened containers and not for consumption
on the premises and shall not sell such beverages in any other manner.
A person having a special retailer's or general retail license may
make retail sales of cereal malt beverages for consumption on the
premises.
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State law reference — License required,
K.S.A. § 41-2702(a) and (f).
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Any person desiring a license required by this
article 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 a 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 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 or of the United
States, provided that each application for a special retailer's license
shall, in addition to the foregoing, contain a statement that the
applicant will derive over 50% of the applicant's income from the
licensed premises from the operation of a cafe or dining room where
food for human consumption is prepared, cooked and sold.
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State law reference — License application,
K.S.A. § 41-2702(c).
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[Amended 3-8-1982 by Ord. No. 5251; 12-20-1999 by Ord. No.
5875]
No license required by this article shall be
issued to:
A.
A person who is not a resident and who has not been
a resident of good faith of the state for at least one year prior
to the application and a resident of the county for at least six months.
B.
A person who is not of good character and reputation
in the county in which he resides.
C.
A person who is not a citizen of the United States.
D.
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.
E.
A partnership unless one of the partners is a resident
of the county and unless all the members of such copartnership shall
otherwise be qualified to obtain a license.
F.
A corporation, if any manager, officer or 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 for any reason other then nonresidence within the county.
G.
A person whose place of business is conducted or to
be conducted by a manager or agent unless said manager or agent possesses
the same qualifications required of the licensee. The licensee shall
register in writing with the Chief of Police the name, address, and
date of birth of each and every manager or agent or employee employed
by the licensee.
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State law reference — Persons eligible
for retail licenses, K.S.A. § 21-2703(b).
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No license shall be issued as a general retailer
or a special retailer of cereal malt beverages for a place of business
located or to be located within 800 feet of any school grounds upon
which there is a public or parochial school. No license shall be issued
for a place of business located or to be located as a limited retailer
of cereal malt beverages within 200 feet of any school grounds upon
which there is a public or parochial school.
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State law reference — Location restrictions
authorized, K.S.A. § 41-2704(a).
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A.
B.
No part of the license fee paid for any license, after
issuance of the license, shall be refunded or rebated under any conditions
or circumstances or for any reason.
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State law reference — License fees, K.S.A.
§ 41-2702(d) and (f).
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If the application for the license required
by this article is in proper form and accompanied by cash in the amount
of the license fee, the governing body shall, if the applicant is
qualified as provided by law, issue a license to the applicant. The
action taken by the governing body in issuing a license shall be entered,
by the City Clerk, upon the journal of the proceedings of the governing
body. If the governing body votes to issue a license, it shall direct
the officers charged by law to issue other licenses under the general
licensing power of the City to execute and issue the license.
All licenses issued pursuant to this article
shall expire at 12:00 midnight on December 31 following their issuance,
and the full amount of the license fee shall be paid regardless of
the time of year in which the license is issued. A license shall state
the calendar year for which it is issued.
A license issued pursuant to this article shall
be nontransferable, and the license shall so state.
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State law reference — License not transferable,
K.S.A. § 41-2702(h).
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A license issued pursuant to this article shall
be kept posted in a conspicuous place in the licensed place of business.
[Amended 10-25-1978 by Ord. No. 5123]
A.
The governing body, upon five days' notice to the
licensee, shall revoke or suspend the license for any of the following
reasons:
(1)
If a licensee has fraudulently obtained the license
by giving false information in the application therefor;
(2)
If the licensee has violated any of the provisions
of this article or any other ordinance or any law of the state relating
to cereal malt beverages;
(3)
If the licensee has become ineligible to obtain a
license under this article;
(4)
Drunkenness of the licensee or permitting any intoxicated
person to remain in the licensee's place of business;
(5)
The sale or serving of cereal malt beverages to any
person under 21 years of age;
[Amended 9-17-2007 by Ord. No. 6131]
(6)
The nonpayment of any license fees;
(7)
Permitting any gambling in or upon his place of business;
(8)
Permitting any person to mix drinks with materials
purchased in the place of business or brought in for this purpose;
(9)
Employing any person under 18 years of age in dispensing
cereal malt beverages;
(10)
The employment or continuation in employment
of a person in connection with the sale, serving or dispensing of
cereal malt beverages if the licensee knows such person has been,
within the preceding two years, adjudged guilty of a felony or of
any violation of the intoxicating liquor laws of this state, another
state or the United States;
[Amended 1-22-2002 by Ord. No. 5945[1]]
[1]
Editor's Note: Section 2 of this ordinance
provided as follows: "On the 1st day of each month each licensee of
cereal malt beverages shall supply to the chief of police the names,
addresses and dates of birth of all employees of the licensee who
engage in the sale, serving or dispensing of cereal malt beverages.
Failure to supply the statement shall be grounds for revocation or
suspension of the cereal malt beverage license."
(11)
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;
(12)
For the sale or possession of or for permitting
any person to use or consume upon or in said premises alcoholic liquor
as defined by the laws of the State of Kansas relating thereto; or
(13)
In the case of a special retailer license, upon
the showing that less than 50% of the licensee's income from the licensed
premises is derived from the operating of a cafe or dining room where
food for human consumption is prepared, cooked and sold.
B.
Within 20 days after the order of the governing body
revoking or suspending 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 probate court, provided that any appeal taken
from an order revoking or suspending any such license shall not suspend
the order of revocation or suspension during the pendency of such
appeal. In case of 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 months thereafter.
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State law reference — Similar provisions,
K.S.A. § 41-2708.
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