The cereal malt beverage license issued by the city pursuant to this article, authorizes the sale of cereal malt beverage, as defined in section 3-101, by those retailers in compliance with this article and other laws and regulations that may apply.
(Ord. 908)
(a) It shall be unlawful for any person to sell any cereal malt beverage at retail without a license for each place of business where cereal malt beverages are to be sold at retail.
(b) It shall be unlawful for any person, having a license to sell cereal malt beverages at retail only in the original and unopened containers and not for consumption on the premises, to sell any cereal malt beverage in any other manner.
(Ord. 908)
(a) Any person desiring a license shall make an application to the governing body of the city and accompany the application by the required license fee for each place of business for which the person desires the license. The application shall be verified, arid upon a form prepared by the attorney general of the state, and shall contain:
(1) The name and residence of the applicant and how long they has resided within the State;
(2) The particular place for which a license is desired;
(3) The name of the owner of the premises upon which the place of business is located;
(4) The names and addresses of all persons who hold any financial interest in the particular place of business for which a license is desired;
(5) A statement that the applicant is a citizen of the United States and not less than 21 years of age and that they have not within two years immediately preceding the date of making application been convicted of a felony or any crime involving moral turpitude, or 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;
(6) Each application for a general retailer’s license shall be accompanied by a certificate from the city’s Health Officer certifying that they have inspected the premises robe licensed; and
(7) Each application for a general retailer’s license must be accompanied by a certificate from the city’s Fire Chief certifying that they have inspected the premises to be licensed.
(b) The application shall be accompanied by a statement, signed by the applicant, authorizing any governmental agency to provide the city with any information pertinent to the application. One copy of such application shall immediately be transmitted to the Chief of Police of the city for investigation of the applicant. It shall be the duty of the Chief of Police to investigate such applicant to determine whether they are qualified as a licensee under the provisions of this chapter. The Chief shall report to the City Clerk not later than five working days subsequent to the receipt of such application. The application shall be scheduled for consideration by the governing body at the earliest meeting consistent with current notification requirements.
(Ord. 908)
(a) All applications for a new and renewed cereal malt beverage license shall be submitted to the City Clerk ten days in advance of the governing body meeting at which they will be considered.
(b) The City Clerk’s office shall notify the applicant of an existing license 30 days in advance of its expiration.
(c) The Clerk’s office shall provide copies of all applications to the Police Department, to the Fire Department and to the City-County Health Department, when they are received. The Police Department will run a record check on all applicants and the Fire Department and Health Department will inspect the premises. The Departments will then recommend approval, or disapproval, of applications within five working days of the Department’s receipt of the application.
(d) The governing body will not consider any application for a new or renewed license that has not been submitted ten days in advance and been reviewed by the above city departments.
(e) An applicant who has not had an cereal malt beverage license in the city shall attend the governing body meeting when the application for a new license will be considered.
(Ord. 908)
(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) No license shall be transferred to another licensee.
(d) If the license shall be denied, the license fee shall be immediately returned to the person who has made application.
(Ord. 908)
Each license shall be posted in a conspicuous place in the place of business for which the license is issued.
(Ord. 908)
No license shall be issued to:
(a) A person who has not been a resident in good faith of the state for at least one year immediately preceding application and a resident of Decatur County for at least six months prior to filing of such application;
(b) A person who is not a citizen of the United States;
(c) A person who is not of good character and reputation in the community in which they reside;
(d) A person who, within two years immediately preceding the date of making application, has been convicted of a felony or any crime involving moral turpitude, or bas 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;
(e) A partnership, unless all the members of the partnership shall otherwise be qualified to obtain a license;
(f) A corporation if any manager, officer or director thereof or any stockholder owning in the aggregate more than 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;
(g) A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 25% of the stock of such corporation, has been an officer, manager or director, or a stockholder owning in the aggregate more than 25% of the stock, of a corporation which:
(1) Has had a retailer’s license revoked under K.S.A. 41-2708 and amendments thereto; or
(2) Has been convicted of a violation of the Drinking Establishment Act (K.S.A. 41-104 et seq.) or the cereal malt beverage laws of the state (K.S.A. 41-2701 et seq.).
(h) 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; and
(i) A person whose spouse would be ineligible to receive a retailer’s license for any reason other than citizenship, retailer residency requirements or age; except that, this subsection (i) shall not apply in determining eligibility for a renewal license.
(K.S.A. 41-104 et seq.; K.S.A. 41-2701 et seq.; Ord. 908)
(a) No license shall be issued for the sale at retail of any cereal malt beverage on premises which are located in areas not zoned for such purpose.
(b) It shall be unlawful to sell or dispense at retail any cereal malt beverage at any place within the city limits that is within a 200-foot radius of any church, school or library.
(c) Provisions shall not apply to any establishment holding a private club license issued by the state.
(Ord. 908)
(a) The rules and regulations regarding license fees shall be as follows:
(1) General retailer. For each place of business selling cereal malt beverages at retail: $100 per calendar year; and
(2) Limited retailer. For each place of business selling only at retail cereal malt beverages in original and unopened containers and not for consumption on the premises: $50 per calendar year.
(b) 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.
(K.S.A. 41-2702(d); K.S.A. 41-2702(g); Ord. 908)
The chief of police, upon five days’ written notice, shall have the authority to suspend such license for a period not to exceed 30 days, for any violation of the provisions of this article or other laws pertaining to cereal malt beverages, which violation does not, in their judgment, justify a recommendation of revocation. The licensee may appeal such order of suspension to the governing body within seven days from the date of such order.
(Ord. 908)
The governing body of the city, upon five days’ written notice, to a person holding a license to sell cereal malt beverages shall permanently revoke or cause to be suspended for a period of not more than 30 days such license for any of the following reasons:
(a) If a licensee has fraudulently obtained the license by giving false information.in the application therefor;
(b) If the licensee has violated any of the provisions of this section or has become ineligible to obtain a license under this section;
(c) Drunkenness of a person holding such license, drunkenness of a licensee, manager or employee while on duty and while on the premises for which the license is issued, or for a licensee, their manager or employee permitting any intoxicated person to remain in such place selling cereal malt beverages;
(d) The sale of cereal malt beverages to any person under 21 years of age;
(e) For permitting any gambling in or upon any premises licensed;
(f) For permitting any person to mix drinks with materials purchased in any premises licensed or brought into the premises for this purpose;
(g) For the employment of any person under the age established by the state for employment involving dispensing cereal malt beverages;
(h) For the employment of persons adjudged guilty of a felony or of a violation of any law relating to intoxicating liquor;
(i) For the sale or possession of, or for permitting the use or consumption of alcoholic liquor within or upon any premise licensed;
(j) The non-payment of any license fees;
(k) If the licensee has become ineligible to obtain a license; and
(1) The provisions of subsections (f) and (i) above shall not apply if such place of business is also currently licensed as a private club.
(Ord. 908)
The licensee, within 20 days after the order of the governing body revoking any license, may appeal to the District Court of Decatur County and the District Court shall proceed to hear such appeal as though such court had original jurisdiction in the matter. Any appeal taken shall not suspend the order of revocation of the license of any licensee, nor shall any new license be issued to such person or any person acting for or on their behalf, for a period of six months thereafter.
(Ord. 908)
If a licensee desires to change the location of their place of business, they shall make an application to the governing body showing the same information relating to the proposed location as in the case of an original application. Such application shall be accompanied by a fee of $50. If the application is in proper form and the location is not in a prohibited zone and all other requirements relating to such place of business are met, a new license shall be issued for the new location for the balance of the year for which a current license is held by the licensee.
(Ord. 908)
It shall be unlawful for any wholesaler and/or distributor or its agents or employees, to sell and/or deliver cereal malt beverages within the city, to persons authorized to sell the same within the 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 authorizing such sales.
(Ord. 908)
It shall be the duty of every licensee to observe the following regulations.
(a) The place of business licensed and operating shall at all times have a front and rear exit unlocked when open for business.
(b) The premises and all equipment used in connection with such business shall be kept clean and in a sanitary condition and shall at all times be open to the inspection of the police and health officers of the city, county and state.
(c) Except as provided by subsection (d) below, no 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 cereal malt beverage for consumption on the premises, which derives not less than 30% of its gross receipts from the sale of food for consumption on the licensed premises.
(d) 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.
(e) The place of business shall be open to the public and to the police at all times during business hours; except that, premises licensed as a club under a license issued by the State Director of Alcoholic Beverage Control shall be open to the police and not to the public.
(f) It shall be unlawful for any licensee or agent or employee of the licensee to become intoxicated in the place of business for which such license has been issued.
(g) No licensee or agent or employee of the licensee shall permit any intoxicated person to remain in the place of business for which such license has been issued.
(h) No licensee or agent or employee of the licensee shall sell or permit the sale of cereal malt beverage to any person under 21 years of age.
(i) No licensee or agent or employee of the licensee shall permit any gan1bling in the place of business for which such license has been Issued.
(j) No licensee or agent or employee of the licensee shall permit any person to mix alcoholic drinks with materials purchased in said place of business or brought in for such purpose.
(k) No licensee or agent or employee of the licensee shall employ any person under 18 years of age in dispensing cereal malt beverages. No licensee shall employ any person who has been judged guilty of a felony.
(Ord. 908)
The following conduct by a cereal malt beverage licensee, manager or employee of any licensed cereal malt beverage establishment is deemed contrary to public welfare and is prohibited:
(a) Remaining or permitting any person to remain in or upon the premises who exposes to view any portion of the female breasts below the top of the areola or any portion of a male’s/female’s pubic hair, anus, buttocks or genitals;
(b) Permitting any employee on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any other employee or any patron;
(c) Encouraging or permitting any patron on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any employee;
(d) Performing or permitting any person to perform on the licensed premises acts of or acts which simulate:
(1) Sexual intercourse, masturbation, sodomy or any other sexual act which is prohibited by law; or
(2) Touching, caressing or fondling such persons’ breasts, buttocks, anus or genitals.
(e) Using or permitting any person to use on the licensed premises, any artificial devices or inanimate objects to depict any of the acts prohibited by subsection (d) above;
(f) Showing or permitting any person to show on the licensed premises any motion picture, film, photograph, electronic reproduction or other visual reproduction depicting:
(1) Acts or simulated acts of sexual intercourse, masturbation, sodomy or any sexual act which is prohibited by law;
(2) The touching, caressing or fondling of the buttocks, anus, genitals or the female breasts; and/or
(3) Scenes in which a person displays the buttocks, anus, genitals or the female breasts.
(g) The term premises means the premises licensed by the city as a cereal malt beverage establishment and such other areas, under the control of the licensee or their employee or employees, that are in such close proximity to the licensed premises that activities and conduct of persons within such other areas may be viewed by persons on or within the licensed premises.
(Ord. 908)
All parts of the licensed premises, including furnishings and equipment, shall be kept clean and in a sanitary condition, free from flies, rodents and vermin at all times. The licensed premises shall have at least one restroom for each sex easily accessible at all times to its patrons and employees. The restroom shall be equipped with at least one lavatory with hot and cold running water, be well lighted, and be furnished at all times with paper towels or other mechanical means of drying hands and face. Each restroom shall be provided with adequate toilet facilities which shall be of sanitary design and readily cleanable. The doors of all toilet rooms shall be self-closing and toilet paper at all times shall be provided. Easily cleanable receptacles shall be provided for waste material and such receptacles in toilet rooms for women shall be covered. The restrooms shall at all times be kept in a sanitary condition and free of offensive odors and shall be at all times subject to inspection by the city health officer or designee.
(Ord. 908)