[Added 9-7-1965 by Ord. No. 3982]
Article II of this chapter shall not be applicable or have any force and effect in regard to licenses issued under this article or the operation of the club premises by the licensee.
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State law reference — Authority to regulate
private clubs, K.S.A. § 41-2631.
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[Amended 9-17-2007 by Ord. No. 6131; 3-18-2019 by Ord. No. 6428]
No cereal malt beverages shall be sold with only a cereal malt
beverage license in any private club 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. The club shall be open to the police at all times during
business hours. No person under 21 years of age shall be permitted
to buy or drink any of such beverages in or about said place of business.
Any person under 21 years of age who purchases or attempts to purchase
any cereal malt beverages in any licensed place of business shall
be deemed guilty of a misdemeanor and, upon conviction thereof, shall
be punished as provided by law.
[Added 10-30-1967 by Ord. No. 4070]
A.
There is hereby imposed upon all holders of Class
B club licenses issued by the Director of Alcoholic Beverage Control
of the state an annual occupation tax of $250.
B.
All holders of Class B club licenses issued by the
Director of Alcoholic Beverage Control of the State of Kansas for
premises located within the City shall exhibit the license to the
City Clerk and pay the occupation tax. The City Clerk shall issue
a receipt for the payment of the tax, and said payment shall be in
full payment of the tax for the term of the license issued by the
State Director of Alcoholic Beverage Control.
C.
It shall be unlawful for the holder of any Class B
club license to operate the club in the City without first paying
the occupation tax herein levied. Any person violating the provisions
of this section shall be punished by a fine of not to exceed $500
or by imprisonment not to exceed three months, or by both such fine
and imprisonment, and the club shall be subject to being enjoined
from operating.
Unless specifically provided otherwise, any
person issued a license pursuant to this article who violates any
of the provisions of this article shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be fined in a sum of no more than
$500 or imprisoned for a term not to exceed six months, or both such
fine and imprisonment, and the judge hearing the case shall certify
such conviction to the governing body, which may cancel the license
as provided in this article and notify the State Director of Alcoholic
Beverage Control of such cancellation.
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State law reference — Penalty for violation
of state act, K.S.A. § 41-2633.
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No club located within the corporate limits
of the City which has been licensed as a club by the State Director
of Alcoholic Beverage Control under the provisions of Article 26 of
Chapter 40 of the Kansas Statutes Annotated shall sell any cereal
malt for use or consumption on the club premises or otherwise without
first having secured a license from the City for the club premises.
Any club desiring a license required by this
article shall make an application to the governing body and submit
proof that it is a club licensed by the State Director of Alcoholic
Beverage Control. Upon payment of the required fee for the license,
it shall be issued.[1]
All licenses issued pursuant to this article
shall expire at 12:00 midnight on December 31 following their issuance.
The governing body, upon five days' notice to
the licensee, shall revoke a license issued pursuant to this article
for any one of the following reasons:
A.
If a licensee has fraudulently obtained the license
by giving false information in the license application;
B.
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;
C.
If the licensee has become ineligible to obtain a
license under this article;
F.
Employing any person under 18 years of age in dispensing
cereal malt beverages;
G.
Employing any person who has been adjudged guilty
of a felony or of any violation of the intoxicating liquor law.
