[Adopted 9-17-2007 by Ord. No. 6131]
A.
There is hereby levied an annual license fee in the
amount fixed by City ordinance on each caterer, Class A club, Class
B club, drinking establishment, alcoholic liquor retailer, and temporary
permit holder. Such fee shall be paid before business is begun under
an original state or City license and within five days after any renewal
of a state or City license and thereafter in accordance with the provisions
of the City Code. The completed and executed written application for
such license shall be filed with the City Clerk at the time such fee
is paid.
B.
All applications for new or renewal City licenses
shall be submitted to the City Clerk. Upon presentation of a state
license issued by the State Director of Alcoholic Beverage Control,
payment of the City license fee and filing the completed license application,
the City Commission shall issue a City license if the applicant complies
with all applicable provisions of this Code, the City Zoning Ordinance
and other applicable ordinances of the City.
C.
Every licensee shall cause the City license to be
placed in plain view next to or below the state license in a conspicuous
place on a licensed premises.
A.
The governing body of the City shall, if the applicant
is qualified by law, issue a license to the applicant.
B.
A City license shall not be issued to an applicant
unless such applicant is in compliance with the provisions of K.S.A.
§ 41-2601 et seq. for private clubs and drinking establishments
and K.S.A. § 41-2701 et seq. for cereal malt beverage retailers.
C.
A City license shall not be issued to an applicant
unless such applicant is in compliance with the provisions of this
Code.
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 seven days before the event.
Written application for the local temporary permit shall be made to
the City Clerk and shall clearly state:
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 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.
If any licensee violates any of the provisions
of this article, the governing body of the City, upon 10 days' written
notice to the licensee, may, upon hearing, permanently revoke or cause
to be suspended for a period of not more than six months the license,
or, in the alternative, the individual holding the license may be
charged in the Municipal Court with a violation of the alcoholic liquor
or cereal malt beverage laws of the City and upon conviction shall
be found guilty of a misdemeanor.
A.
The City Commission may require additional conditions
for the issuance of a City license or continued retention of an existing
City license for a private club or drinking establishment or cereal
malt beverage license upon a finding that the public health, safety,
or welfare requires such conditions. The City Manager shall recommend
conditions for licensure, as appropriate. Such conditions of licensure
may include but are not limited to the following:
(1)
Exterior lighting requirements.
(2)
Exterior fencing requirements.
(3)
Appropriate structural additions, deletions or changes
to the premises to reduce loitering by patrons outside the premises,
reduce noise from the premises, and reduce littering by employees
and patrons or such other structural changes that may be necessitated
in the interest of public health, safety or welfare.
(4)
Posting in the premises or outside the premises appropriate
notices or signs advising patrons to leave the area after closing
and to respect property rights of neighbors and other appropriate
notices and signs which the City Commission may require.
(5)
Reduced hours of operation from those provided by
ordinance.
(6)
Such other conditions as may be appropriate for the
protection and preservation of public health, safety or welfare.
B.
Additional requirements for City licensure of a private club, drinking establishment or cereal malt beverage retailer as set out in Subsection A shall only be imposed after the license holder or applicant has been mailed, to the address on the license or application, by certified mail, return receipt requested, notice of the proposed conditions. After the posting of the certified mail, the license holder or applicant shall have 10 days to submit a written request to the City Clerk for a hearing before the City Commission on the proposed conditions.
C.
The City Commission may issue a City license conditioned
upon the licensee complying with all requirements within 30 days after
license issuance or such time as established by the City Commission.
D.
During the duration of a City license, the City Commission
may require additional conditions on a City license under procedures
and requirements set forth under this section.
The City Commission may revoke or suspend the
license of a private club, drinking establishment or cereal malt beverage
retailer for any one or more of the following reasons:
A.
Suspension or revocation of state license.
B.
Violation of any provisions of K.S.A. § 41-2601
et seq. or 41-2701 et seq.
C.
Violation of any provisions of this Code dealing with
alcoholic liquor or cereal malt beverages.
D.
Habitual violations of occupancy limits established
by the City, which shall be defined as three or more violations within
a twelve-consecutive-month period. Revocation or suspension of a license
for habitual violations of occupancy limits shall require a finding
by the City Commission that the occupancy limit violations represented
a substantial threat, in either the number of violations or the excess
above the occupancy limit, to the safety of club or establishment
employees and patrons.
A.
A drinking establishment, private club or cereal malt
beverage retailer is a habitual public nuisance when it operates in
a manner that habitually harms the public health, safety or welfare
of the general public, neighboring properties or occupants of neighboring
properties, or patrons. Habitual public nuisances are hereby prohibited.
B.
A habitual public nuisance as defined by Subsection A shall only be determined to exist if the City Commission makes the following findings:
(1)
The harm to the public health, safety or welfare can
be fairly attributed to the operation of the private club, drinking
establishment and cereal malt beverage retailer. The proximity of
other licensed premises or similar facilities shall be considered
by the Commission in making this finding.
(2)
The harm to the public health, safety or welfare is
of a habitual nature and not limited to isolated incidents of an infrequent
occurrence.
C.
In determining the penalty for a drinking establishment,
private club or cereal malt beverage retailer that is a habitual public
nuisance, the City Commission shall consider:
(1)
Whether the owners and operators of the drinking establishment
or private club have taken actions to mitigate or eliminate the harm
to public health, safety or welfare; and
(2)
Whether the harm to public health, safety or welfare
includes violations of law on the part of the private club or drinking
or cereal malt beverage retailer establishment owners, operators,
employees, or patrons.
D.
Nothing in this article shall be interpreted as penalizing
a drinking establishment, private club or cereal malt beverage retailer,
or the owner or employees of such drinking establishment, private
club or cereal malt beverage retailer, solely for requesting assistance
or reporting an incident to the Police Department. The City encourages
drinking establishments, private clubs or cereal malt beverage retailer
owners and employees to promptly report to the Police Department harmful
or potentially harmful acts or conduct on the part of patrons.
