It shall be unlawful for any person granted a private club license by the state to sell or serve any alcoholic liquor authorized by such license within the city without first obtaining a local license from the City Clerk.

(a)   There is hereby levied a biennial license fee on each private club located in the city which bas a private club license issued by the State Director of Alcoholic Beverage Control, which fee shall be paid before business is begun under an original state license and within five days before the license expires.

The city biennial license fee for a Class A club shall be $200 and the city biennial license fee for a Class B club shall be $200.

(b)   All applications for new or renewal city licenses shall be submitted to the City Clerk. Upon presentation of a state license, payment of the city license fee and the license application, the City Clerk shall issue a city license for the period covered by the state license, if there are no conflicts with any zoning or alcoholic beverage ordinances of the city.

(c)   The license period shall extend for the period covered by the state license. No license fee shall be refunded for any reason.

(d)   Every licensee shall cause the city club license to be placed in plain view next to or below the state license in a conspicuous place on the licensed premises.

(a)   The governing body may prescribe hours of closing, standards of conduct and rules and regulations concerning the moral, sanitary and health conditions of the place licensed, and may establish zoning districts within which no private club may be located.

(b)   No club licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor on its premises between the hours of 2:00 a.m. and 9:00 a.m. on any day other than a Sunday, nor between the hours of 2:00 a.m. and 12:00 noon on a Sunday.

(c)   Cereal malt beverages may be sold on premises licensed both for retail sale of cereal malt beverage for on-premises consumption pursuant to K.S.A. 41 -2701 et seq., and holding a license as a private club issued by the state at any time when alcoholic liquor is allowed by law to be served on the premises.

(d)   No membership shall be sold to any person under 21 years of age, nor shall alcoholic beverages or cereal malt beverages be given, sold or traded to any person under 21 years of age.

(Prior Code § 3-404; K.S.A. 41-2614; Ord. 665)

(a)   No license shall be issued to a person whose place of business is located within 200 feet of any church, public or parochial school, said distance to be measured from the nearest property line of the church or school to the nearest portion of the building occupied by the private club.

(b)   The distance location of subsection (a) above shall not apply to a private club when the license applicant petitions for and receives a waiver of the distance limitation from the governing body. The governing body shall grant such a waiver only following public notice and hearing.

(Prior Code § 3-403; K.S.A. 41-2614; Ord. 665)

(a)   It shall be unlawful for any person under the age of 21 years to remain on any premises where the sale of alcoholic liquor is licensed for on-premises consumption.

(b)   It shall be unlawful for the operator, person in charge or licensee of any premises licensed for on-premises consumption of alcoholic liquor to permit any person under the age of 21 years to remain on the premises.

(c)   This section shall not apply if the person under the age of 21 years is accompanied by their parent or guardian, or if the licensed premises derives not more than 50% of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption.

If the licensee has violated any of the provisions of this article, the governing body of the city, upon five days’ written notice to the person holding such license to sell alcoholic liquor, may suspend or cause to be suspended for a period of not more than 30 days or permanently revoke such license and the individual holding the license may be charged in municipal court with a violation of the alcoholic liquor laws of the city. Violators may also be punished as provided in section 1-116 of this code of ordinances.

(Ord. 665)