For this article, the following words and phrases shall mean:

(a)   Person - means individuals, firms, partnerships, corporations and associations.

(b)   Sale at retail and Retail sale - means sale for use of consumption and not for resale in any form.

(c)   Place of Business - Any place at which cereal malt beverages or alcoholic beverages or both are sold.

(d)   Wholesaler or distributor - Any individuals, firms, co-partnerships, corporations and associations which sell or offer for sale any beverage referred to in this chapter, to persons, co-partnerships, corporations and associations authorized by this chapter to sell cereal malt beverages at retail.

(e)   Cereal Malt Beverage - means cereal malt beverage as that term is defined by Kan. Stat. Ann. § 41-2701, and amendments thereto, and such term shall include beer containing not more than 6.0% alcohol by volume when such beer is sold by a retailer licensed under the Kansas cereal malt beverage act.

(f)   Licensee - means a person as defined in subsection (a) hereof, who has a license as in herein required.

(g)   On-Premise Retailer - means a person who has a license to sell cereal malt beverages at retail for consumption on the premises at the place of business.

(h)   Off-Premise Retailer - means a person who has a license to sell cereal malt beverages at retail only in original and unopened containers and not for consumption on the premises.

(j)    Retailer - means a person who sells of offers for sale any cereal malt beverage for use of consumption and not for resale in any form. A retailer may only sell cereal malt beverages at the place of business specified on their license or the location of a special event permit.

(Code 2019; Ord. G-19-02)

(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; Code 2019)

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 place of business 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 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;

(Code 2019)

(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.

(Code 2019)

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

(Code 2019)

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 Rooks 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.

(Code 2019)

(a)   No license shall be issued for the sale at retail of any cereal malt beverage on premises which have locations 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 library.

(c)   Provisions of this section shall not apply to any establishment holding a private club license issued by the State of Kansas.

(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; Code 2019)

The rules and regulations regarding license fees shall be as follows:

(a)   On-Premise Retailer - for each place of business selling cereal malt beverages at retail, for consumption on the premises, $75.00 per calendar year. Such fee will be in addition to the $25.00 fee submitted to Alcohol Beverage Control.

(b)   Off-Premise 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, $75.00 per calendar year. Such fee will be in addition to the $25.00 fee submitted to Alcohol Beverage Control.

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; Code 2019)

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 2019)

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 private club.

(K.S.A. 41-2708; Code 2019)

The licensee, within 20 days after the order of the governing body revoking any license, may appeal to the district court of Rooks 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 or suspension during the pendency of such appeal. In case of the revocation of the license of any licensee, no new license shall 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 2019)

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 $25.00. 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 2019)

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; Code 2019)

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 always 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 always be open to the inspection of the police and health officers of the city, county and state.

(c)   Except as provided in subsection ( d), no cereal malt beverages may be sold or dispensed between the hours of 12:00 midnight and 6:00 a.m., or consumed between the hours of 12:30 a.m. and 6:00 a.m., or on Easter, except in a place of business which is licensed to sell cereal malt beverages for consumption on the premises, which derives not less than 3 0 percent of its gross receipts from the sale of food for consumption on the licensed premises; closing hours of clubs shall conform to Kan. Stat. Ann. § 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 always be open to the public and to the police 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.

(Code 2019; Ord. G-20-01)

The following hours of closing, standards of conduct and rules and regulations concerning the moral, sanitary and health conditions shall apply to places licensed to sell cereal malt beverages:

(a)   Pursuant to Kan. Stat. Ann.§ 41-2704 and subject to subparagraph (b), the sale of retail cereal malt beverages in the original package is allowed within the City as follows:

(1)   Monday through Saturday between 6:00 a.m. and 12:00 a.m.,

(2)   Sunday between the hours of 12:00 p.m. and 8:00 p.m.

(b)   Pursuant to Kan. Stat. Ann. § 41-2704, the sale of retail cereal malt beverages in the original package is prohibited on the following days:

(1)   Easter Sunday

(c)   Any licensee intending to sell cereal malt beverages for the consumption on the premises on Sundays shall first provide to the governing body of the city a verified statement showing that not less than 30 percent of the gross receipts of the licensee are derived from the sale of food for consumption on the licensed premises, and that licensee expects that not less than 30 percent of the gross receipts will be received in the future from the sale of food for consumption on the licensed premises.

(d)   No private rooms or closed booths shall be operated in the place of business.

(e)   The place of business shall always be open to the public and to the police during business hours.

(f)   No person under 21 years of age shall be permitted to buy or drink any cereal malt beverages in or about the place of business.

(g)   No intoxicated person shall be permitted to remain in the place of business.

(h)   No gambling shall be permitted in or upon the premises.

(i)    No person shall be permitted to mix drinks with materials purchased in the place of business or brought in for such purpose.

(j)    No person under the minimum age established by the State of Kansas for such employment shall be employed to dispense or sell cereal malt beverages in the place of business.

(k)   No person shall be employed in the place of business who has been adjudged guilty of a felony or of any violation of any intoxicating liquor law or ordinance.

(l)    No person shall have any alcoholic liquor in his or her possession while in the place of business.

(m)  No licensee shall sell, possess or permit any person to use or consume, upon or in the premises, alcoholic liquor as defined by the laws of the State of Kansas relating thereto.

(n)   No licensee for consumption on the premises shall allow or permit the drinking or consumption of cereal malt beverage on the licensed premises after the hour of 12 midnight or during any other time in which the sale of cereal malt beverage is prohibited.

(o)   No cereal malt beverage licensee shall permit or allow any persons to be on or about the licensed premises after the hour of 12:30 a.m.

(Ord. G-94-6, Sec. 1; Code 2019; Ord. G-20-01)

All parts of the licensed premises including furnishings and equipment shall always be kept clean and in a sanitary condition, free from flies, rodents and vermin. 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 always be furnished 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 shall always 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 always be kept in a sanitary condition and free of offensive odors and shall always be subject to inspection by the city health officer or designee.

(Code 2019)

(a)   It shall be unlawful for any person under 21 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 21 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.

(Code 2019)