[Code 1987; CC 2000 §3-101; Ord. No.
1351 §1, 7-20-2011; Ord. No. 1496, 2-20-2019]
Unless otherwise expressly stated or the context indicates a
different intention, the following terms shall, for the purpose of
this Chapter, have the meanings indicated in this Section:
The product of distillation of any fermented liquid, whether
rectified or diluted, whatever the origin thereof and includes synthetic
ethyl alcohol but does not include denatured alcohol or wood alcohol.
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.
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.
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 three and two-tenths percent (3.2%)
alcohol by weight.
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.
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.
A Class A or Class B club.
A defined indoor or outdoor area not otherwise licensed where
the possession and consumption of alcoholic liquor and cereal malt
beverage (CMB) is allowed pursuant to a common consumption area permit.
The boundaries of any common consumption area must be clearly marked
using a physical barrier or other apparent line of demarcation.
[Ord. No. 1544, 12-15-2021]
Premises which may be open to the general public where alcoholic
liquor by the individual drink is sold.
Enhanced Cereal Malt Beverage means cereal malt beverage
as that term is defined in K.S.A. 41-2701, and amendments thereto,
and such term shall include beer containing not more than six percent
(6%) alcohol by volume when such beer is sold by a retailer licensed
under the Kansas Cereal Malt Beverage Act.
A winery licensed under the Liquor Control Act by the director
to manufacture, store and sell domestic table wine and domestic fortified
wine. A farm winery is limited to producing no more than one hundred
thousand (100,000) gallons of wine per year.
A person who has a license to sell enhanced cereal malt beverages
and/or cereal malt beverages at retail.
A person who has a license to sell enhanced cereal malt beverages
and/or cereal malt beverages at retail only in original and unopened
containers and not for consumption on the premises.
A brewery licensed by the State of Kansas to manufacture,
store and sell domestic beer and hard cider. A microbrewery is not
considered to be a retailer. A microbrewery is not considered to be
a manufacturer.
A facility which produces spirits from any source or substance
that is licensed by the State of Kansas to manufacture, store and
sell spirits. A microdistillery is not considered to be a retailer.
A microdistillery is not considered to be a manufacturer.
Any place at which enhanced cereal malt beverages, cereal
malt beverages or alcoholic beverages or all are sold.
A permit issued in accordance with the laws of the State
of Kansas and the ordinances of the City of Mission which allows the
permit holder to sell enhanced cereal malt beverages and/or cereal
malt beverages for a period of time not to exceed seventy-two (72)
hours as specified in the application and 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.
Any individuals, firms, co-partnerships, corporations and
associations which sell or offer for sale any beverage referred to
in this Chapter to persons, co-partnerships, corporations and associations
authorized by this Chapter to sell cereal malt beverages at retail.
[Code 1974 §3-114; Code 1987; CC 2000 §3-102, 3-306; Ord. No. 1496, 2-20-2019[1]; Ord. No. 1565, 12-21-2022[2]]
A.
No alcoholic liquor or cereal malt beverage 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 two hundred (200)
feet of any public or parochial school, college, church, nursing home,
library or hospital except that if any such school, college, church,
nursing home, library or hospital is established within two (200)
feet of any licensed premises after the premises have been licensed,
the premises shall be an eligible location for retail licensing; said
distance to be measured from the nearest property line of such church,
school, nursing home, library or hospital to the nearest portion of
the building occupied by the premises.
B.
No license or permit shall be issued for the sale of alcoholic liquor
or cereal malt beverage 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.
C.
No alcoholic liquor shall be sold at retail upon any premises which
have an inside entrance or opening which connects with any other place
of business.
[1]
Editor's Note: Ord. No. 1496 also changed the title of this
Section from "Restrictions On Location" to "Restrictions On Location,
Alcoholic Liquor, Microbrewery, Microdistillery, Or Farm Winery."
[2]
Editor's Note: Ord. No. 1565 also changed the title of this
Section from "Restrictions On Location, Alcoholic Liquor, Microbrewery,
Microdistillery, Or Farm Winery" to "Restriction On Location."
[Code 1987; CC 2000 §3-103]
A.
It
shall be unlawful for any person under the age of twenty-one (21)
years to remain on any premises where the sale of alcoholic liquor
is licensed for on-premises consumption or where a caterer or temporary
permit holder is serving alcoholic liquor.
B.
It
shall be unlawful for the operator, person in charge or licensee of
any premises licensed for on-premises consumption of alcoholic liquor
or a caterer or temporary permit holder who is serving alcoholic liquor
to permit any person under the age of twenty-one (21) years to remain
on the premises.
C.
This
Section shall not apply if the person under the age of twenty-one
(21) years is accompanied by his/her parent or guardian or if the
licensed or permitted premises derives not more than fifty percent
(50%) of its gross receipts in each calendar year from the sale of
alcoholic liquor for on-premises consumption.
[Ord. No. 1544, 12-15-2021]
A.
In
accordance with K.S.A. 41-2659, and amendments thereto, the Governing
Body hereby establishes the Downtown Mission Common Consumption Area
as designated in the map attached hereto as Exhibit A and incorporated
herein by reference, held on file in the City offices, provided that
a common consumption area permit for the area has been issued to the
City by the State of Kansas, Director of the Division of Alcoholic
Beverage Control (Director).
B.
The
Governing Body hereby authorizes the possession and consumption of
alcoholic liquor in the Downtown Mission Common Consumption Area between
the hours of 9:00 a.m. and 11:00 p.m. in accordance with this Section.
C.
During
a civic or special event and for sidewalk cafes and outdoor patios,
the boundaries of the portion of the Downtown Mission Common Consumption
Area in effect must be clearly marked with a physical barrier or other
apparent line of demarcation. Any public street, roadway, or alleyway
within the portion of the Downtown Mission Common Consumption Area
in effect must be blocked from motorized traffic during any hours
in which alcohol is consumed.
D.
A licensee
located within or immediately adjacent to the Downtown Mission Common
Consumption Area may request to participate in the common consumption
area and allow its legal patrons to remove alcoholic liquor purchased
on the licensee's premises to the Downtown Mission Common Consumption
Area upon request and receipt of permission from the Kansas Alcoholic
and Beverage Control and the City of Mission Community Development
Director or their designee, and upon approval, as required, of a Special
Event Permit by the Community Development Department.
Sales of alcoholic liquor on the common consumption area premises
are prohibited, except during a civic event or authorized special
event. Common Consumption Area permits are for possession and consumption
of alcoholic liquor only. No sales of alcoholic liquor may occur on
premises covered by the Downtown Mission Common Consumption Area permit,
unless the sales are conducted by a licensed caterer in accordance
with all requirements for a catered event, a separate temporary permit
has been issued for that specific area, or a drinking establishment
has been authorized, in writing, by the City Community Development
Department to operate a non-contiguous service area in accordance
with K.S.A. 41-2659.
Proof of approval to participate in the Downtown Mission Common
Consumption area from the Director must be provided to the Community
Development Department in order to obtain a Special Event Permit and
to participate in a civic event within the designated area.
E.
A licensee
located within the Downtown Mission Common Consumption Area may also
request to participate in the common consumption area by allowing
its legal patrons to remove alcoholic liquor upon request and receipt
of permission from the Kansas Alcoholic and Beverage Control limited
to immediately adjacent public sidewalks located within the storefront
boundaries and privately owned outdoor spaces immediately adjacent
to the licensed establishment. The area(s) must be clearly marked
using a physical barrier or any apparent line of demarcation by the
licensee, and may be used for seating, dining, waiting or recreation
areas. A minimum of a five-foot wide clearance must be maintained
into building entrances, at crosswalks and along existing sidewalk
areas. Access to bicycle facilities, public utilities, and transit
stops must also be maintained.
F.
All
alcoholic liquor removed from a licensed premise or otherwise sold
within the Downtown Mission Common Consumption Area as authorized
to participate in the Permit must be served in a container that displays
the licensee's trade name or logo or other identifying mark that is
unique to the licensee. No alcoholic beverage removed from a licensed
premise or sold within the Downtown Mission Common Consumption Area
shall be in a glass container or any container that otherwise represents
a potential danger to the public as determined by Law Enforcement
Officials.
G.
The
possession and consumption of alcoholic liquor purchased outside of
the common consumption area shall not be permitted inside the boundaries
of the civic event or special event and Downtown Mission Common Consumption
Area.
H.
No
open container or alcoholic liquor purchased within the common consumption
area shall be removed from the boundaries of the portion of the Downtown
Mission Common Consumption Area or civic event or authorized special
event in effect.
I.
Inappropriate
conduct shall not be permitted within the boundaries of the Downtown
Mission Common Consumption Area or civic event or authorized special
event and any person engaging in such inappropriate conduct shall
be subject to removal from the common consumption area. Inappropriate
conduct may include but is not limited to fighting, use of profanity
or indecent language, harassment, destruction of property, lewd or
lascivious acts, or committing any violation of law or City Code.
J.
All
licensees approved by the Director and City to participate in the
Downtown Mission Common Consumption area shall at all times comply
with any and all Federal and State laws and City laws regulating the
purchase, sale and consumption of alcoholic liquor. Any violations
of the common consumption area restrictions, City, State or Federal
laws may result in revocation of the licensee's participation in the
Downtown Mission Common Consumption Area by the City Community Development
Director.
Each licensee within a common consumption area shall be liable
for violations of all liquor laws governing the sale and consumption
of alcoholic liquor that occur on the licensee's premises.
K.
The
Governing Body hereby authorizes the City Administrator or designee
to take all reasonably necessary actions, including but not limited
to the execution of all documents and instruments, to obtain a Permit
for the Downtown Mission Common Consumption Area on behalf of the
City.
L.
This
Section shall take effect and be in force from and after its passage
and publication as required by law, and the authorizing provisions
hereof shall terminate upon withdrawal or termination of any authorizing
Common Consumption Area Permit by the State of Kansas.
[Ord. No. 973, 3-24-1999; Code 2000; CC 2000 §3-104; Ord. No.
1496, 2-20-2019; Ord. No. 1544, 12-15-2021]
A.
Prohibition. No person shall drink or consume any alcoholic liquor
on City-owned public property.
B.
Exception.
The City Council may waive this prohibition of consumption of alcoholic
beverages on City-owned public property for functions pre-approved
by the City Council.
C.
Exception. The provisions of this Section shall not apply to the
consumption of alcoholic beverages on City-owned public property in
accordance with a Common Consumption Area Permit authorized by K.S.A.
41-2659.
D.
Exception. The provisions of this Section shall not apply to the
Sylvester Powell, Jr. Community Center, provided that:
1.
No individual under the age of twenty-one (21) may consume any
alcoholic liquor, enhanced cereal malt beverage or cereal malt beverage;
2.
Any event providing alcoholic liquor, enhanced cereal malt beverages
or cereal malt beverages for consumption must be approved in advance
by the Director of Parks and Recreation and the Chief of Police or
his/her designee; and
3.
All rules and conditions imposed by the Director of Parks and
Recreation and the Chief of Police or his/her designee shall comply
with all regulations as adopted/regulated by the State of Kansas and
shall be followed without exception.
[Code 1987; CC 2000 §3-105; Ord. No.
1496, 2-20-2019]
A.
It shall be unlawful for any person to sell, serve or dispense any
enhanced cereal malt beverage, cereal malt beverage or alcoholic liquor
in any public place not licensed to sell, serve or dispense such beverage
at such public place within or under the jurisdiction of the City.
B.
It shall be unlawful for any person to drink or consume any enhanced
cereal malt beverage, cereal malt beverage or alcoholic liquor in
any public place not licensed to sell and serve such beverage for
public consumption at such public place within or under the jurisdiction
of the City.
C.
For purposes of this Section, the term "public place" shall include
upon any street, public thoroughfare, public parking lot or any privately
owned parking area made available to the public generally, within
any parked or driven motor vehicle situated in any of the aforesaid
places or upon any property owned by the State or any governmental
subdivision thereof unless such property is leased to others under
K.S.A. 12-1740, et seq., if the property is being used for hotel or
motel purposes or purposes incidental thereto or is owned or operated
by an airport authority created pursuant to Chapter 27 of the Kansas
Statutes Annotated.
A.
As used in this Section, "alcoholic beverage" means any alcoholic
liquor, as defined by K.S.A. 41-102 and amendments thereto, or any
enhanced cereal malt beverage or cereal malt beverage, as defined
by K.S.A. 41-2701 and amendments thereto.
[Ord. No. 1496, 2-20-2019]
B.
No
person shall transport in any vehicle upon a highway or street any
alcoholic beverage unless such beverage is:
1.
In the original unopened package or container, the seal of which
has not been broken and from which the original cap, cork or other
means of closure has not been removed;
2.
In the locked rear trunk or rear compartment, or any locked outside
compartment which is not accessible to any person in the vehicle while
it is in motion; or
3.
In the exclusive possession of a passenger in a vehicle which is
a recreational vehicle, as defined by K.S.A. 75-1212 and amendments
thereto, or a bus, as defined by K.S.A. 8-1406 and amendments thereto,
who is not in the driving compartment of such vehicle or who is in
a portion of such vehicle from which the driver is not directly accessible.
C.
Violation
of this Section is a misdemeanor punishable by a fine of not more
than two hundred dollars ($200.00) or by imprisonment for not more
than six (6) months, or both.
D.
Except as provided in Subsection (F) upon conviction or adjudication of a second (2nd) or subsequent violation of this Section, the judge, in addition to any other penalty or disposition ordered pursuant to law, shall suspend the person's driver's license or privilege to operate a motor vehicle on the streets and highways of this State for one (1) year.
E.
Upon
suspension of a license pursuant to this Section, the court shall
require the person to surrender the license to the court, which shall
transmit the license to the division of motor vehicles of the department
of revenue, to be retained until the period of suspension expires.
At that time, the licensee may apply to the division for return of
the license. If the license has expired, the person may apply for
a new license, which shall be issued promptly upon payment of the
proper fee and satisfaction of other conditions established by law
for obtaining a license unless another suspension or revocation of
the person's privilege to operate a motor vehicle is in effect.
F.
As
used in this section, "highway" and "street" have the meanings provided by K.S.A. 8-1424 and 8-1473, and amendments
thereto.
G.
In lieu of suspending the driver's license or privilege to operate a motor vehicle on the highways of this State of any person convicted of violating this Section, as provided in Subsection (D), the judge of the court in which such person was convicted may enter an order which places conditions on such person's privilege of operating a motor vehicle on the highways of this State, a certified copy of which such person shall be required to carry any time such person is operating a motor vehicle on the highways of this State. Any such order shall prescribe the duration of the conditions imposed, which in no event shall be for a period of more than one (1) year for a second (2nd) violation.
Upon entering an order restricting a person's license hereunder,
the judge shall require such person to surrender such person's driver's
license to the judge who shall cause it to be transmitted to the division
of vehicles, together with a copy of the order. Upon receipt thereof,
the division of vehicles shall issue without charge a driver's license
which shall indicate on its face that conditions have been imposed
on such person's privilege of operating a motor vehicle and that a
certified copy of the order imposing such conditions is required to
be carried by the person for whom the license was issued any time
such person is operating a motor vehicle on the highways of this State.
If the person convicted is a non-resident, the judge shall cause a
copy of the order to be transmitted to the division and the division
shall forward a copy of it to the motor vehicle administrator, of
such person's State of residence. Such judge shall furnish to any
person whose driver's license has had conditions imposed on it under
this Section a copy of the order, which shall be recognized as a valid
Kansas driver's license until such time as the division shall issue
the restricted license provided for in this Section.
Upon expiration of the period of time for which conditions are
imposed pursuant to this Subsection, the licensee may apply to the
division for the return of the license previously surrendered by such
licensee. In the event such license has expired, such person may apply
to the division for a new license, which shall be issued immediately
by the division upon payment of the proper fee and satisfaction of
the other conditions established by law, unless such person's privilege
to operate a motor vehicle on the highways of this State has been
suspended or revoked prior thereto. If any person shall violate any
of the conditions imposed under this Subsection, such person's driver's
license or privilege to operate a motor vehicle on the highways of
this State shall be revoked for a period of not less than sixty (60)
days nor more than one (1) year by the judge of the court in which
such person is convicted of violating such conditions.
H.
It
shall be an affirmative defense to any prosecution under this Section
that an occupant of the vehicle other than the defendant was in exclusive
possession of the alcoholic liquor.
I.
The
court shall report to the division every conviction of a violation
of this Section or of a City ordinance or county resolution that prohibits
the acts prohibited by this Section. Prior to sentencing under the
provisions of this Section, the court shall request and shall receive
from the division a record of all prior convictions obtained against
such person for any violations of any of the motor vehicle laws of
this State.
J.
For
the purpose of determining whether a conviction is a first (1st),
second (2nd) or subsequent conviction in sentencing under this Section:
1.
"Conviction" includes being convicted of a violation
of an ordinance of any City, or resolution of any County, which prohibits
the acts that this Section prohibits;
2.
Only convictions occurring in the immediately preceding five (5)
years, including prior to the effective date of this act, shall be
taken into account, but the court may consider other prior convictions
in determining the sentence to be imposed within the limits provided
for a first (1st), second (2nd) or subsequent offender, whichever
is applicable; and
3.
It is irrelevant whether an offense occurred before or after conviction
for a previous offense.
K.
This Section shall not be construed as preventing any City from enacting ordinances, or any county from adopting resolutions, declaring acts prohibited by this Section as unlawful or prohibited in such City or County and prescribing penalties for violation thereof, but such ordinance or resolution shall provide for suspension or restriction of driving privileges as provided by this Section and the convicting court shall be required to report convictions for violations of such ordinance or resolution as provided by Subsection (I).
L.
This
Section shall be part of and supplemental to the uniform act regulating
traffic on highways.
[Ord. No. 1544, 12-15-2021]
A.
No
person shall drink or consume alcoholic liquor on the public streets,
alleys, roads or highways or inside vehicles while on the public streets,
alleys, roads or highways, except in accordance to a Common Consumption
Area Permit authorized by K.S.A. 41-2659.
B.
No
person shall drink or consume alcoholic liquor on private property
except:
1.
On premises where the sale of liquor by the individual drink is authorized
by the club and drinking establishment act;
2.
Upon private property by a person occupying such property as an owner
or lessee of an owner and by the guests of such person, if no charge
is made for the serving or mixing of any drink or drinks of alcoholic
liquor or for any substance mixed with any alcoholic liquor and if
no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments
thereto, takes place; or
3.
In a private dining room of a hotel, motel or restaurant, if the
dining room is rented or made available on a special occasion to an
individual or organization for a private party and if no sale of alcoholic
liquor in violation of K.S.A. 41-803, and amendments thereto, takes
place.
C.
Violation
of any provision of this Section is a misdemeanor punishable by a
fine of not less than fifty dollars ($50.00) or more than two hundred
dollars ($200.00) or by imprisonment for not more than six (6) months,
or both.
[Ord. No. 1496, 2-20-2019]
A.
It shall be unlawful for any person to:
1.
Lend any driver's license to or knowingly permit the use of
any driver's license by any person under twenty-one (21) years of
age for use in the purchase of any alcoholic liquor.
2.
Lend any driver's license to or knowingly permit the use of
any driver's license by a person under the legal age for consumption
of enhanced cereal malt beverage and/or cereal malt beverage for use
in the purchase of any enhanced cereal malt beverage and/or cereal
malt beverage.
3.
Lend any driver's license, non-driver's identification card
or other form of identification to aid another person in wrongfully
obtaining a driver's license or replacement driver's license.
4.
Display or cause to be displayed or have in possession any fictitious
or fraudulently altered driver's license by any person under twenty-one
(21) years of age for use in the purchase of any alcoholic liquor,
enhanced cereal malt beverage or cereal malt beverage.
B.
Violations.
1.
Upon a first conviction of a violation of any provision of Subsection (C) a person shall be guilty of a Class B non-person misdemeanor and shall be sentenced to not less than one hundred (100) hours of public service and fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00).
C.
The provisions of this Section shall apply to any driver's license,
non-driver's identification card or other form of identification whether
issued under the laws of this State or issued under the laws of another
State or jurisdiction.
[Ord. No. 1496, 2-20-2019]
A.
No licensee or permit holder, or any owner, officer or employee thereof,
shall knowingly or unknowingly permit the possession or consumption
of alcoholic liquor, enhanced cereal malt beverage or cereal malt
beverage by a minor on premises where alcoholic beverages are sold
by such licensee or permit holder, except that a licensee's or permit
holder's employee who is not less than eighteen (18) years of age
may serve alcoholic liquor, enhanced cereal malt beverage or cereal
malt beverage under the on-premises supervision of the licensee or
permit holder, or an employee who is twenty-one (21) years of age
or older.
B.
Violation of this Section is a misdemeanor punishable by a fine of
not less than one hundred dollars ($100.00) and not more than two
hundred fifty dollars ($250.00) or imprisonment not exceeding thirty
(30) days, or both.
C.
It shall be a defense to a prosecution under this Section if:
1.
The defendant permitted the minor to possess or consume the
alcoholic liquor, enhanced cereal malt beverage or cereal malt beverage
with reasonable cause to believe that the minor was twenty-one (21)
or more years of age; and
2.
To possess or consume the alcoholic liquor, enhanced cereal
malt beverage or cereal malt beverage, the minor exhibited to the
defendant a driver's license, Kansas non-driver's identification card
or other official or apparently official document, containing a photograph
of the minor and purporting to establish that such minor was twenty-one
(21) or more years of age.
[Ord. No. 1496, 2-20-2019]
A.
The Governing Body may revoke or suspend any license issued pursuant
to the Club and Drinking Establishment Act for any one (1) or more
of the following reasons:
1.
The licensee has fraudulently obtained the license by giving
false information in the application therefor or any hearing thereon.
2.
The licensee has violated any of the provisions of this Act
or any rules or regulations adopted hereunder.
3.
The licensee has become ineligible to obtain a license or permit
under this Act.
4.
The licensee's manager or employee has been intoxicated while
on duty.
5.
The licensee or its manager or employee has permitted any disorderly
person to remain on premises where alcoholic liquor is sold by such
licensee.
6.
There has been a violation of a provision of the laws of this
City, State or of the United States pertaining to the sale of intoxicating
or alcoholic liquors, enhanced cereal malt beverages or cereal malt
beverages or any crime involving a morals charge on premises where
alcoholic liquor is sold by such licensee.
7.
The licensee or its managing officers or any employee has purchased
and displayed on premises where alcoholic liquor is sold by such licensee
a Federal wagering occupational stamp issued by the United States
Treasury Department.
8.
The licensee or its managing officers or any employee has purchased
and displayed on premises where alcoholic liquor is sold by such licensee
a Federal coin operated gambling device stamp for the premises issued
by the United States Treasury Department.
9.
The licensee holds a license as a Class B club, drinking establishment
or caterer and has been found guilty of a violation of Article 10
of Chapter 44 of the Kansas Statutes Annotated under a decision or
order of the Kansas Human Rights Commission which has become final
or such licensee has been found guilty of a violation of K.S.A. 21-4003
and amendments thereto.
[Ord. No. 327, 9-27-1967; Code 1974 §3-309; Code 1983; CC 2000 §3-406]
No revocation or suspension shall be ordered until the licensee
shall have been afforded a hearing before the Governing Body. Prior
to holding any hearing to revoke or suspend a private club license,
the licensee shall be given not less than two (2) weeks' notice prior
to the hearing. Notice shall be given by certified mail, return receipt
requested, addressed to the licensee at the address of the licensee
as set out in the application for license.
[Ord. No. 327, 9-27-1967; Code 1974 §3-309; Code 1983; CC 2000 §3-407]
Any person who shall have his/her application for a license
denied or have a license revoked or suspended shall have ten (10)
days from the date of such denial, revocation or suspension to appeal
to the District Court of Johnson County, Kansas.
[Ord. No. 315, 6-14-1967; Code 1974 §3-234; CC 2000 §3-217]
A.
Except as provided in the paragraph at the end of Subsection (A), 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.
|
A distributor, agent or wholesaler may sell tapping and dispensing
equipment, as defined by rules and regulations adopted by the Secretary
of Revenue, 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.
|
B.
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 one hundred dollars ($100.00) in any one (1)
calendar year for use in or about or in connection with any one (1)
establishment on which products of the manufacturer, distributor or
wholesaler are sold.
C.
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.
D.
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 violation of this act and any money loaned contrary
to a provision of this act shall not be recovered back or any note,
mortgage or other evidence of indebtedness or security or any lease
or contract obtained or made contrary to this act shall be unenforceable
and void.
[Code 1987; Ord. No. 1496, 2-20-2019]
[Code 1987; CC 2000 §3-603; Ord. No.
1496, 2-20-2019]
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, enhanced cereal malt beverages or cereal
malt beverages shall be given, sold or traded to any person under
twenty-one (21) years of age.
[Ord. No. 1171 §§1 —
2, 8-10-2005; Ord. No.
1496, 2-20-2019; Ord. No. 1532, 9-15-2021]
A.
Pursuant to K.S.A. 41-2911(b)(1)(A), the sale at retail of enhanced
cereal malt beverage and/or cereal malt beverage in the original package
is allowed within the City on any Sunday, except Easter, between the
hours of 9:00 A.M. and 8:00 P.M. Enhanced cereal malt beverage and/or
cereal malt beverage in the original package shall not be sold on
Easter Sunday, Thanksgiving Day, or Christmas Day.
B.
Pursuant to K.S.A. 41-2911(b)(1)(A), the sale at retail of alcoholic
liquor in the original package is allowed within the City on any Sunday,
except Easter, between the hours of 9:00 A.M. and 8:00 P.M. Alcoholic
liquor in the original package shall not be sold on Easter Sunday,
Thanksgiving Day, or Christmas Day.
[1]
Editor's Note — This Section shall take effect sixty-one
(61) days after final publication or on November 29, 2021, whichever
is later, unless a sufficient petition for a referendum is filed,
requiring a referendum to be held on the Section as provided in K.S.A.
41-2911(b)(1)(A), in which case this Section shall become effective
upon approval by a majority of the electors voting thereon.
