CHAPTER III. BEVERAGESCHAPTER III. BEVERAGES\ARTICLE 3. ALCOHOLIC LIQUOR

(a)   It shall be unlawful for any person to keep for sale, offer for sale, or expose for sale or sell any alcoholic liquor as defined by the “Kansas liquor control act” without first having obtained a state license to do so.

(b)   The holder of a license for the retail sale in the city of alcoholic liquors by the package issued by the state director of alcoholic beverage control shall present such license to the city clerk when applying to pay the occupation tax levied in section 3-305 and the tax shall be received and a receipt shall be issued for the period covered by the state license.

(Ord. 1119, Art. 2, Sec. 1; Code 2016)

Any person desiring a license shall make an application one week in advance before going to the governing body of the city and shall proffer the required license fee for each place of business for which the person desires the license. The application shall be accompanied by a copy of the license obtained from the State of Kansas corresponding to the type of license being requested and verified and upon a form prepared by the attorney general of the State of Kansas and shall contain:

(a)   The name and residence of the applicant and how long he or she has resided within the State of Kansas;

(b)   The particular place for which a license is desired;

(c)   The name of the owner of the premises upon which the place of business is located;

(d)   The names and addresses of all persons who hold any financial interest in the particular place of business for which a license is desired.

(e)   A statement that the applicant is a citizen of the United States and not less than 21 years of age and that he or she has not within two years immediately preceding the date of making application been convicted of a felony or any crime.

(f)   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 he or she is 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. 1119, Art. 2, Sec. 2; Code 2016)

(a)   The minutes 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. 1119, Art. 2, Sec. 3; Code 2016)

Qualifications for licensure shall be those prescribed by Kansas law according to K.S.A. 41-311 and 41-311b and amendments thereto. Said statutory provisions are herein incorporated by reference.

(Ord. 1119, Art. 2, Sec. 5; Code 2016)

There is hereby levied a biennial license fee of $600 on any person holding a license issued by the state director of alcoholic beverage control for the retail sale within the city of alcoholic liquors for consumption off the premises. Such tax shall be paid by the retailer to the city clerk before business is begun under an original state license and shall be paid within five days after any renewal of a state license.

(K.S.A. 41-310(l)(1); Ord. 1119, Art. 2, Sec. 6; Code 2016)

Every licensee under this article shall cause the city alcoholic liquor retailer’s occupation tax receipt to be placed in plain view, next to or below the state license in a conspicuous place on the licensed premises.

(Ord. 1119, Art. 2, Sec. 4; Code 2016)

No person shall sell at retail any alcoholic liquor:

(a)   On any Sunday;

(b)   On Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day;

(c)   Before 9:00 a.m. or after 11:00 p.m. on any day when the sale thereof is permitted.

(K.S.A. 41-712; Code 2016; Ord. 1204; Ord. 1210)

It shall be unlawful for a retailer of alcoholic liquor to:

(a)   Permit any person to mix drinks in or on the licensed premises;

(b)   Employ any person under the age of 21 years in connection with the operation of the retail establishment;

(c)   Employ any person in connection with the operation of the retail establishment who has been adjudged guilty of a felony;

(d)   Furnish any entertainment in his or her premises or permit any pinball machine or game of skill or chance to be located in or on the premises; or

(e)   Have in his or her possession for sale at retail any bottles, cask, or other containers containing alcoholic liquor, except in the original package.

(f)   Sell, give away, and dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person under 21 years of age.

(Code 2016)

No person shall knowingly or unknowingly sell, give away, furnish, dispose of, procure, exchange or deliver, or permit the selling, giving away, furnishing, disposing of, procuring, exchanging or delivering of any alcoholic beverage in any building, structure or premises, for consumption in such building or upon such premises if such consumption is within 200 feet from the nearest property line of any existing hospital, school, church or library.

(K.S.A. 41-710; Code 2016)