CHAPTER III. BEVERAGESCHAPTER III. BEVERAGES\ARTICLE 4. PRIVATE CLUBS

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

(Code 1992)

(a)   There is hereby levied an annual license fee on each private club located in the city which has 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 after any renewal of a state license. The city license fees shall be set forth in the City’s annual fee resolution.

(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.

(Ord. 273, Sec. 2; Code 2009)

(a)   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.

(b)   Cereal malt beverages may be sold on premises licensed for the retail sale of cereal malt beverages for on-premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises.

(c)   No club 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.

(Ord. 273, Sec. 3; Code 1992)

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

(1)   Unlawful acts relating to the serving of alcoholic liquor as prohibited by K.S.A. Supp. 41-2610, and as amended;

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

(3)   Permitting or allowing the licensed premises to be open to the public contrary to the hours of operation established by K.S.A. Supp. 41-2614, and as amended.

(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 simulate:

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

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

(6)   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;

(7)   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:

(A)  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;

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

(C)  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.

(8)   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. 273, Sec. 3)