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.
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.
E. Determination that the private club, drinking establishment or cereal malt beverage retailer is a habitual public nuisance as defined by §
189-57.