[Ord. No. 315, 6-14-1967; Code 1974 §3-202; Code 1983; CC 2000 §3-201; Ord. No. 1351 §2, 7-20-2011]
It shall be unlawful for any person to sell any cereal malt beverages (CMB) within the corporate limits of this City without having in his 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:
An on-premises CMB license, which allows for consumption of CMB on the licensed premises; and
An off-premises CMB license, which allows for consumption off the licensed premises. It shall be unlawful for any person holding a license for the sale at retail of cereal malt beverages to sell such beverages in any other manner than is provided for with such license or by law.
[Ord. No. 315, 6-14-1967; Code 1974 §3-205; Code 1983; CC 2000 §3-202]
An application for a license to sell 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]
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 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:
A special event retailer's permit shall specify the premises for which the permit is issued;
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;
No more than four (4) special event retailer's permits may be issued to any one (1) applicant in a calendar year; and
A special event retailer's permit shall not be transferable or assignable.
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.
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.
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.
Compliance With Provisions. It shall be unlawful for any person granted a special event retailer's permit to sell anything other than 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.
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 permitee, 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]
No license shall be issued to:
A person who has not been a resident in good faith of the State of Kansas for at least one (1) year immediately preceding application or a resident of Johnson County for at least six (6) months prior to filing of such application.
A person who is not a citizen of the United States.
A person who is not of good character and reputation in the community in which he/she resides.
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.
A partnership, unless all the members of the partnership shall otherwise be qualified to obtain a license.
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.
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:
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]
All applications for a license to sell 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]
If the application for a cereal malt beverage 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]
If the Governing Body with or without such investigation of the Chief of Police shall find 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]
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.
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]
The journal of the Governing Body shall show the action taken on the application.
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.
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]
It shall be unlawful for any person to possess an open container, consume or sell any cereal malt beverage upon any sidewalk, public street, alley or any other public place within the City.
[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]
No cereal malt beverages may be sold between the hours of 12:00 Midnight and 6:00 A.M. or consumed between the hours of 12:00 Midnight and 6:00 A.M. or on Sunday, except in a place of business which is licensed to sell 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.
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.
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.
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.
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.
No 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]
It shall be unlawful for any wholesaler and/or distributor, his/her or its agents or employees to sell and/or deliver 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.