CHAPTER III. BEVERAGESCHAPTER III. BEVERAGES\ARTICLE 2. CEREAL MALT BEVERAGES

(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.

(K.S.A. 41-2702; Ord. 272, Sec. 2; Code 1992)

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, 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 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;

(f)   No application for the issuance of a cereal malt beverage license shall be granted unless the applicant submits with the application two photographs not smaller than three inches by three inches and unless the applicant is fingerprinted by the chief of police prior to the approval or disapproval of the application.

The application shall be accompanied by the license fee and 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 mayor 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. 272, Secs. 3:4; Code 1992)

(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. 272, Sec. 5; Code 1992)

 No license issued under the provisions of this article shall be transferable, except upon the death of a licensee, the surviving spouse, executor or administrator, if otherwise qualified, shall be entitled to the use of the license during the remainder of the license year.

(Ord. 272, Sec. 7)

Each license shall be posted in a conspicuous place in the place of business for which the license is issued.

(Ord. 272, Sec. 8; Code 1992)

No license shall be issued to:

(a)   A person who has not been a resident in good faith of the state of Kansas for at least one year immediately preceding application and a resident of Sedgwick 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 he or she resides.

(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 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.

(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 percent 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 percent of the stock of such corporation, has been an officer, manager or director, or a stockholder owning in the aggregate more than 25 percent of the stock, of a corporation which: (A) has had a retailer's license revoked under K.S.A. 41-2708 and amendments thereto; or (B) has been convicted of a violation of the drinking establishment act or the cereal malt beverage laws of this state.

(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.

(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.

(j)    A person whose spouse has been convicted of a felony or other crime which would disqualify a person from licensure under this section and such felony or other crime was committed during the time that the spouse held a license under the cereal malt beverage act.

Renewal of licenses may be made for all establishments presently licensed within 300 feet of any church or public or parochial school or within 300 feet of a residential zoning district, so long as the premises are used or held for use as a place of business in which cereal malt beverages are sold; provided, however, that should an establishment located within 300 feet of the property line of any church or public or parochial school or within 300 feet of a residential zoning district cease to be used as a place of business in which cereal malt beverages are sold for a period of 90 days or more, or the premises are used for another type of business, then, and in that event, no new license shall be issued for the sale of cereal malt beverages on the premises. Periods of time during which a place of business in which cereal malt beverages are sold are being remodeled or area being repaired because of damage caused by fire, or natural disasters such as floods or windstorms, shall not be included in computing the above 90 day period. Provided, however, that any remodeling or repair must be commenced within 90 days after closure of any given structure and completed within a reasonable time thereafter. Additionally, the chief of police shall be notified within 30 days of closing whenever any place of business in which cereal malt beverages are sold is closed for remodeling or repairs. Such notice shall state the date when remodeling will start and the date it will be completed. Off-street parking shall be required on any place of business not previously licensed at the rate of one parking space for each three occupants, based on the maximum capacity of the place of business as determined by the city building inspector. Whenever any such place of business or businesses is located on a property with other commercial uses and has joint use of off-street parking of the premise, compliance with the provision of this subsection shall be required only when the number of off-street parking spaces for such use exceeds the number of spaces required by the zoning ordinance for all commercial uses on the property.

(Ord. 272, Sec. 5; Code 1992)

(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 300-foot radius of any church, school or residential zoning district.

(c)   Provisions of this section shall not apply to any establishment holding a private club license issued by the State of Kansas, the distance to be measured from the nearest property line.

(d)   The distance limitation of subsection (b) above shall not apply to any establishment holding a cereal malt beverage license issued by the city when the licensee has petitioned for and received a waiver of the distance limitation. The governing body shall grant such a waiver only following public notice and hearing.

(K.S.A. 41-2704; Ord. 272, Sec. 5; Code 1992)

The rules and regulations regarding license fees shall be as be as set forth in the City’s annual fee resolution. 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; Ord. 272, Sec. 6; Code 2009)

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 chapter or other laws pertaining to cereal malt beverages, which violation does not in his or her 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.

(Code 1992)

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 article or has become ineligible to obtain a license under this article;

(c)   Drunkenness of a person holding such license, drunkenness of a licensee's manager or employee while on duty and while on the premises for which the license is issued, or for a licensee, his or her 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 under this article;

(f)   For permitting any person to mix drinks with materials purchased in any premises licensed under this article or brought into the premises for this purpose;

(g)   For the employment of any person under the age established by the State of Kansas 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 under this article;

(j)    The nonpayment of any license fees;

(k)   If the licensee has become ineligible to obtain a license under this chapter;

(l)    The provisions of subsections (f) and (i) shall not apply if such place of business is also currently licensed as a club or drinking establishment.

(K.S.A. 41-2708; Ord. 272, Sec. 14; Code 2009)

The licensee, within 20 days after the order of the governing body revoking any license, may appeal to the district court of Sedgwick County and the district court shall proceed to hear such appeal as though such court had original jurisdiction in the matter. Any appeal taken under this section 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 his or her behalf, for a period of six months thereafter.

(K.S.A. 41-2708; Code 1992)

If a licensee desires to change the location of his or her place of business, he or she 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.

(Code 1992)

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.

(K.S.A. 41-307:307a; Ord. 272, Sec. 16; Code 1992)

It shall be the duty of every licensee to observe the following regulations.

(a)   The place of business licensed and operating under this article 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), no person shall sell at retail, cereal malt beverage: (1) Between the hours of 12 midnight and 6:00 a.m.; (2) in the original package before 12 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; closing hours for clubs shall conform to K.S.A. 41-2614 and any amendments thereto.

(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. 41-2701 et seq. 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 gambling 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 21 years of age in dispensing cereal malt beverages. No licensee shall employ any person who has been judged guilty of a felony.

(Ord. 272, Secs. 10, 12; Ord. 2005-05; Code 2009)

(a)   The following conduct by a licensee of a business located within the city is unlawful:

(1)   Failing to pay when due the annual license tax imposed by the city.

(b)   The following conduct by a licensee; a licensee's manager, employee, or agent; an independent contractor hired by licensee, or any person under the direction and control of a licensee, occurring on the licensed premises is deemed contrary to the public welfare and is prohibited:

(1)   Exposing any portion of the female breasts below the top of the areola or any portion of the male/female pubic hair, anus, genitals, or anal cleft or cleavage of the buttocks;

(2)   Permitting any person to remain on the licensed premises who exposes to view any portion of the female breasts below the top of the areola or any portion of the male/female pubic hair, anus, genitals, or anal cleft or cleavage of the buttocks;

(3)   Permitting any employee on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any other employee or of any person;

(4)   Encouraging or permitting any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any employee, agent, or other person;

(5)   Performing or permitting any person to perform on the licensed premises acts of or acts which stimulate:

(6)   Sexual intercourse, masturbation, sodomy, or any other sexual act which is prohibited by law; or

(7)   Touching, caressing or fondling the breasts, buttocks, anus or genitals of the actor, actress or another person.

(8)   Using or permitting any person to use on the licensed premises, any artificial device or inanimate object to depict any of the acts prohibited by paragraph (b)(5) of this section;

(9)   Showing or permitting any person to show on the licensed premises, or permitting any person to view from the licensed premises, any photograph, video tape, or other electronic or mechanical visual reproduction depicting:

(10) Acts or simulated act of sexual intercourse, masturbation, sodomy, or any sexual act which displays the human genitals, pubic hair, or exposes to view any portion of the female breast below the top of the areola;

(11) The touching, caressing or fondling of the human genitals, pubic region, or any portion of the female breast below the top of the areola;

(12) Scenes in which a person displays the human genitals, pubic region or any portion of the female breast below the top of the areola. Excepting that the restrictions in this section shall not apply to any regular programming as broadcast on a commercial or public television station and not in violation of state obscenity laws.

(13) Showing or permitting any person to show on the licensed premises, or permitting any person to view from the licensed premises, any motion picture film not given a rating by the Motion Picture Association of America of G, PG, PG 13, or R.

(Ord. 272, Sec. 18)

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. 272, Sec. 9; Code 1992)

(a)   It shall be unlawful for any person under 18 years of age to remain on any premises where the sale of cereal malt beverages is licensed for on-premises consumption.

(b)   This section shall not apply if the person under 18 years of age is an employee of the licensed establishment, or is accompanied by his or her parent or guardian, or if the licensed establishment derives not more than 30 percent of its gross receipts in each calendar year from the sale of cereal malt beverages for on-premises consumption.

(Ord. 272, Sec. 13; Code 1992)

No person under 21 years of age shall be sold, permitted to buy, possess or drink any cereal malt beverage in or about any place of business. It is unlawful for any person to give cereal malt beverages to any person under 21 years of age.

(Ord. 272, Sec. 13)

No person shall have in his or her possession any alcoholic liquor on premises where cereal malt beverages are sold, other than a club licensed pursuant to the State Club and Drinking Establishment Act.

(Ord. 272, Sec. 17)