[Ord. No. 315, 6-14-1967; Code 1974 §3-202; Code 1983; CC 2000 §3-201; Ord. No. 1351 §2, 7-20-2011; Ord. No. 1496, 2-20-2019]
A.
It shall be unlawful for any person to sell any cereal malt beverages and/or enhanced cereal malt beverage (CMB) within the corporate limits of this City without having in his/her possession a valid CMB retailer's business license issued by the City for each place of business at which such retail sales are made, or a valid special event retailer's permit issued pursuant to Section 600.171. There are two (2) types of CMB retailer's business licenses that may be issued pursuant to this Article:
1.
An on-premises CMB license, which allows for consumption of
enhanced cereal malt beverage and/or cereal malt beverage on the licensed
premises; and
2.
An off-premises CMB license, which allows for consumption off
the licensed premises.
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It shall be unlawful for any person holding a license for the
sale at retail of enhanced cereal malt beverages and/or cereal malt
beverages to sell such beverages in any other manner than is provided
for with such license or by law.
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[Ord. No. 315, 6-14-1967; Code 1974 §3-205; Code 1983; CC 2000 §3-202; Ord. No. 1496, 2-20-2019]
An application for a license to sell enhanced cereal malt beverages
and/or cereal malt beverages at retail shall be made to the Governing
Body in accordance with the provisions of K.S.A. 41-2702.
[Ord. No. 1351 §3, 7-20-2011; Ord. No.
1496, 2-20-2019]
A.
Permit Authorized. Any person desiring to secure a special event
retailer's permit shall submit a verified application to the City.
A special event retailer's permit shall allow the permit holder to
offer for sale, sell and serve enhanced cereal malt beverages and/or
cereal malt beverages for consumption on premises not otherwise permitted
under the Kansas Cereal Malt Beverage Act, and which may be open to
the public, subject to the following:
1.
A special event retailer's permit shall specify the premises
for which the permit is issued;
2.
A special event retailer's permit shall be issued for the duration
of the special event, the dates and hours of which shall be specified
in the permit;
3.
No more than four (4) special event retailer's permits may be
issued to any one (1) applicant in a calendar year; and
4.
A special event retailer's permit shall not be transferable
or assignable.
B.
Application For Permit. Any person desiring to obtain a special event retailer's permit shall submit an application, in writing, to the City. The application shall be on a form prepared by the Attorney General and shall contain all the information requested thereon. In addition, the applicant must provide the City with all investigations required pursuant to Section 600.200.
C.
Approval — Denial. If the application is in proper form, accompanied
by the permit fee and all other necessary information, and if after
examination City staff determines the applicant meets the requirements,
the application shall be placed on the next available Governing Body
agenda for approval.
E.
Term Of Permit — Contents. Any special event retailer's permit
issued hereunder shall be valid for a period not to exceed seventy-two
(72) hours.
F.
Compliance With Provisions. It shall be unlawful for any person granted
a special event retailer's permit to sell anything other than enhanced
cereal malt beverages and/or cereal malt beverages or to sell at any
time or place other than the time and place as specified in the application
and temporary permit.
G.
Revocation. A special event retailer's permit issued pursuant to
this Section may be immediately revoked by the City if there is probable
cause to believe that there has been a violation of any applicable
local, State or Federal law by the permittee, or a violation of a
special event or special use permit issued by the City, if any.
[Ord. No. 315, 6-14-1967; Code 1974 §3-208; Code 1983; Code 1987; CC 2000 §3-203; Ord. No. 1532, 9-15-2021]
A.
No
license shall be issued to:
1.
A person who is not a citizen of the United States.
2.
A person who is not of good character and reputation in the community
in which he/she resides.
3.
A person who, within two (2) years immediately preceding the date
of making application, has been convicted of a felony or any crime
involving moral turpitude or has 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.
4.
A partnership, unless all the members of the partnership shall otherwise
be qualified to obtain a license.
5.
A corporation, if any manager, officer or director thereof or any
stockholder owning in the aggregate more than twenty-five percent
(25%) of the stock of such corporation would be ineligible to receive
a license hereunder for any reason other than non-residence within
the City or County.
6.
A corporation, if any manager, officer or director thereof or any
stockholder owning in the aggregate more than twenty-five percent
(25%) of the stock of such corporation has been an officer, manager
or director or a stockholder owning in the aggregate more than twenty-five
percent (25%) of the stock of a corporation which:
7.
A person whose place of business is conducted by a manager or agent
unless such manager or agent possesses the same qualifications required
of the licensee.
[Ord. No. 315, 6-14-1967; Code 1974 §§3-203 — 3-204; Ord. No. 548, 3-22-1978; Code
1983 §3-105; Code 1987; CC 2000 §3-204; Ord. No. 1496, 2-20-2019]
All applications for a license to sell enhanced cereal malt beverages and/or cereal malt beverages at retail shall be accompanied by a license fee as provided by the fee schedule set out in Chapter 103, Section 103.030. Full amount of the license fee shall be required regardless of the time of the year in which the application is made and the licensee shall only be authorized to operate under the license for the remainder of the calendar year in which the license is issued.
[Ord. No. 315, 6-14-1967; Code 1974 §3-206; CC 2000 §3-205; Ord. No. 1496, 2-20-2019]
If the application for a cereal malt beverage (CMB) license
is in proper form and accompanied by cash in the amount of the license
fee and the required affidavits, the Clerk will forward the application
to the Chief of Police for further investigation. Following completion
of the investigation and upon the recommendation for approval of the
license by the Chief of Police, the application will be presented
to the Governing Body for approval.
[Ord. No. 315, 6-14-1967; Code 1974 §3-207; CC 2000 §3-206; Ord. No. 1496, 2-20-2019]
If the Governing Body finds the applicant to be qualified as
provided by law, the Governing Body shall authorize a license to the
applicant and direct the City Clerk to issue a retail license to the
applicant.
[Ord. No. 315, 6-14-1967; Code 1974 §3-211; Code 1983; CC 2000 §3-207]
A.
No
license shall be transferred to another licensee under any circumstances,
nor may any license be transferable by the same licensee from one
location to another without consent of the Governing Body.
B.
Every
licensee shall immediately notify and provide to the City Clerk the
information required under K.S.A. 41-2702 in relation to any new managers,
partners, officers, directors or stockholders holding in the aggregate
more than twenty-five percent (25%) of the corporate stock of such
business.
[Ord. No. 315, 6-14-1967; Code 1974 §3-209; CC 2000 §3-208]
No retail license shall be issued for a place of business unless
such place of business is authorized for such use under the zoning
ordinance of the City.
[Ord. No. 315, 6-14-1967; Code 1974 §3-210; Code 1983; CC 2000 §3-209]
A.
The
journal of the Governing Body shall show the action taken on the application.
B.
If
the license is granted, the City Clerk shall issue the license which
shall show the name of the licensee and the year for which issued.
C.
If
the license shall be denied, the license fee shall be immediately
returned to the person who has made application.
[Ord. No. 315, 6-14-1967; Code 1974 §3-212; CC 2000 §3-210]
Each license shall be posted in a conspicuous place in the place
of business for which the license is issued.
[Ord. No. 315, 6-14-1967; Code 1974 §3-213; CC 2000 §3-211]
The license shall state the name of the licensee, the location
of the place of business for which the license is issued and the calendar
year for which it is issued and that it is subject to revocation in
the manner provided by law.
[Ord. No. 315, 6-14-1967; Code 1974 §3-215; Code 1983; CC 2000 §3-212; Ord. No. 1496, 2-20-2019; Ord. No. 1544, 12-15-2021]
A.
It shall be unlawful for any person to possess an open container,
consume or sell any enhanced cereal malt beverage and/or cereal malt
beverage upon any sidewalk, public street, alley or any other public
place within the City except through the terms of a Common Consumption
Area Permit as authorized by K.S.A. 41-2659.
[Ord. No. 315, 6-14-1967; Code 1974 §§3-214, 3-216 — 3-219; Ord. No. 705 §1, 5-13-1987; Code 1997; CC 2000 §3-213; Ord. No.
1496, 2-20-2019]
A.
No enhanced cereal malt beverages and/or cereal malt beverages may
be sold or dispensed: (1) between the hours of 12:00 Midnight and
6:00 A.M.; (2) in the original package before 12:00 Noon or after
8:00 P.M. on Sunday; (3) on Easter Sunday; or (4) for consumption
on the licensed premises on Sunday, except in a place of business
which is licensed to sell enhanced cereal malt beverage or cereal
malt beverage for consumption on the premises, which derives not less
than thirty percent (30%) of its gross receipts from the sale of food
for consumption on the licensed premises.
B.
Enhanced cereal malt beverages and/or cereal malt beverages may be
sold at any time alcoholic liquor is allowed by law to be served on
premises which are licensed pursuant to K.S.A. 41-2601, et seq., and
amendments thereto, and licensed as a club by the State Director of
Alcoholic Beverage Control.
C.
No private rooms or closed booths shall be permitted in any premises
licensed under this Article unless the business also is licensed as
a private club.
D.
A place of business licensed under this Article shall be open to
the public and to Police Officers of the City at all times during
business hours, except a private club shall be open to Police, but
not the general public.
E.
No person shall have any alcoholic liquor in his/her possession while
in any place of business licensed to sell cereal malt beverages under
this Article unless the business also is licensed as a private club.
F.
The licensee of each premises licensed under this Article shall at
all times comply with the sanitary and health regulations and ordinances
of the City.
G.
No enhanced cereal malt beverage and/or cereal malt beverage shall
be sold to any person in any automobile around or about such place
of business.
[Ord. No. 315, 6-14-1967; Code 1974 §3-235; CC 2000 §3-218; Ord. No. 1496, 2-20-2019]
It shall be unlawful for any wholesaler and/or distributor,
his/her or its agents or employees to sell and/or deliver enhanced
cereal malt beverages and/or cereal malt beverages within the City
to persons authorized under this Article to sell the same within this
City unless such wholesaler and/or distributor has first secured a
license from the Director of Revenue, State Commission of Revenue
and Taxation of the State of Kansas authorizing such sales.
[Ord. No. 315, 6-14-1967; Code 1974 §3-233; Code 1983; CC 2000 §3-219]
It shall be unlawful for any licensee to violate any of the
Statutes of Kansas or ordinances of the City or rules or orders of
the State Board of Health relating to sanitary or health conditions
of the places licensed to sell such cereal malt beverages.
