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CHAPTER III. BEVERAGES
Article 1. General Provisions
Article 2. Cereal Malt
Beverages
Article 3. Alcoholic Liquor
Article 4. Private Clubs
___________________________
ARTICLE I. GENERAL PROVISIONS
3-101. DEFINITIONS. Unless
otherwise expressly stated or the context clearly indicates a different
intention, the following terms shall, for the purpose of this chapter, have the
meanings indicated in this section.
(a) Alcohol means the
product of distillation of any fermented liquid, whether rectified or diluted,
whatever the origin thereof, and includes synthetic ethyl alcohol but does not
include denatured alcohol or wood alcohol.
(b) Alcoholic Liquor
means alcohol, spirits, wine, beer and every liquid or solid, patented or not,
containing alcohol, spirits, wine or beer and capable of being consumed as a
beverage by a human being, but shall not include any cereal malt beverage.
(c) Cereal Malt Beverage
means any fermented but undistilled liquor brewed or made from malt or from a
mixture of malt or malt substitute, but does not include any such liquor which
is more than 3.2 percent alcohol by weight.
(d) Class A Club means
a premises which is owned or leased by a corporation, partnership, business
trust or association and which is operated thereby as a bona fide nonprofit
social, fraternal or war veterans' club, as determined by the State of Kansas,
for the exclusive use of the corporate stockholders, partners, trust
beneficiaries or associates (hereinafter referred to as members), and their
families and guests accompanying them.
(e) Class B Club means
a premises operated for profit by a corporation, partnership or individual, to
which members of such club may resort for the consumption of food or alcoholic
beverages and for entertainment.
(f) Club means a Class
A or Class B club.
(g) General Retailer
means a person who has a license to sell cereal malt beverages at retail.
(h) Limited 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.
(i) Place of Business.
Any place at which cereal malt beverages or alcoholic beverages or both
are sold.
(j) Wholesaler or
distributor. Any individuals,
firms, copartnerships, corporations and associations which sell or offer for
sale any beverage referred to in this chapter, to persons, copartnerships,
corporations and associations authorized by this chapter to sell cereal malt
beverages at retail. (Code 1987)
3-102.
MINORS ON PREMISES. (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 his or her
parent or guardian, or if the licensed or permitted premises derives not more
than 50 percent of its gross receipts in each calendar year from the sale of
alcoholic liquor for on-premises consumption.
(Code 1987)
3-103. CONSUMPTION ON PUBLIC PROPERTY.
No person shall drink or consume any alcoholic liquor or cereal malt
beverage on city owned property, except:
(1) At the Hugoton Municipal
Golf Course located on the SE/4 of Section 13-T33S-R38W Stevens County, Kansas,
as authorized by rules and regulations of Golf Course Board of the Hugoton
Municipal Golf Course. (Ord. 595-A,
Sec. 1)
3-104.
PUBLIC SALE; CONSUMPTION. (a)
It shall be unlawful for any person to sell, serve or dispense any cereal
malt beverage or alcoholic beverage in any public place not licensed to sell,
serve or dispense such beverage at such public place within or under the
jurisdiction of the city.
(b) It shall be unlawful for
any person to drink or consume any cereal malt beverage or alcoholic beverage in
any public place not licensed to sell and serve such beverage for public
consumption at such public place within or under the jurisdiction of the city.
(c) For purposes of this
section, the term "public place" shall include upon any street, public
thoroughfare, public parking lot or any privately owned parking area made
available to the public generally, within any parked or driven motor vehicle
situated in any of the aforesaid places or upon any property owned by the state
or any governmental subdivision thereof unless such property is leased to others
under K.S.A. 12-1740 et seq. if the property is being used for hotel or
motel purposes or purposes incidental thereto or is owned or operated by an
airport authority created pursuant to Chapter 27 of the Kansas Statutes
Annotated. (K.S.A. 41-719; Ord. 430,
Secs. 1,3; Code 1987)
3-105.
OPEN CONTAINER. (a)
It shall be unlawful for any person to transport in any vehicle upon a
highway or street any cereal malt beverage or alcoholic beverage unless such
beverage is:
(1) In the original, unopened
package or container, the seal of which has not been broken and from which the
original cap or cork or other means of closure has not been removed;
(2) In the locked, rear trunk
or rear compartment or any locked outside compartment which is not accessible to
any person in the vehicle while it is in motion or;
(3) In the exclusive
possession of a passenger in a vehicle which is a recreational vehicle as
defined by K.S.A. 75-1212 or a bus as defined by K.S.A. 8-1406, who is not in
the driving compartment of such vehicle or who is in a portion of such vehicle
from which the driver is not directly accessible.
(b) As used in this section
"highway" and "street" have meanings provided by K.S.A.
8-1424 and K.S.A. 8-1473 and amendments thereto.
(K.S.A. 41-804, 41-2719; Code 1987)
3-106.
CONSUMPTION WHILE DRIVING. It
shall be unlawful for any person to consume any cereal malt beverage or
alcoholic beverage while operating any vehicle upon any street or highway.
(K.S.A. 41-719, 41-2720; Code 1987)
3-107.
IDENTIFICATION CARD. (a)
It shall be unlawful for any person to:
(1) Display, cause or permit
to be displayed, or have in possession, any fictitious, fraudulently altered, or
fraudulently obtained identification card for purposes relating to the sale,
purchase or consumption of either cereal malt beverage or alcoholic liquor.
(2) Display or represent any
identification card not issued to such person as being his or her card for
purposes relating to the sale, purchase or consumption of either cereal malt
beverage or alcoholic liquor.
(3) Permit any unlawful use
of an identification card issued to a person for purposes relating to the sale,
purchase or consumption of either cereal malt beverage or alcoholic liquor.
(4) Photograph, photostat,
duplicate or in any way reproduce any identification card or facsimile thereof
in such a manner that it could be mistaken for a valid identification card or
display or have in possession any such photograph, photostat, duplicate,
reproduction or facsimile for purposes relating to the sale, purchase or
consumption of either cereal malt beverage or alcoholic liquor.
(b) It shall be unlawful for
any person to:
(1) Lend any identification
card to or knowingly permit the use of any identification card by any person
under 21 years of age for use in the sale, purchase or consumption of any
alcoholic liquor.
(2) Lend any identification
card to or knowingly permit the use of any identification card by any person
under the legal age for consumption of cereal malt beverage for use in the sale,
purchase or consumption of any cereal malt beverage.
(Code 1987)
3-108.
PURCHASE OR CONSUMPTION OF LIQUOR OR CEREAL MALT BEVERAGES BY MINOR;
PENALTY. (a)
It shall be unlawful for any person under 21 years of age to possess,
consume, obtain, purchase or attempt to obtain or purchase alcoholic liquor or
cereal malt beverage except as authorized by law.
(b) Violation of this section
by a person 18 or more years of age but less than 21 years of age is a violation
for which the minimum fine is $100.
(c) Any person less than 18
years of age who violates this section shall be subject to the jurisdiction of
the District Court of Stevens County, Kansas.
(d) In addition to or in lieu
of any other penalty provided for a violation of this section, the court may
order the offender to do either or both of the following:
(1) Perform 40 hours of
public service; or
(2) Attend and satisfactorily
complete a suitable educational or training program dealing with the effects of
alcohol or other chemical substances when ingested by humans.
(e) This section shall not
apply to the possession and consumption of cereal malt beverage by a person
under 21 years of age when such possession and consumption is permitted and
supervised, and such beverage is furnished, by the person's parent or legal
guardian. (Ord. 550, Sec. 1)
ARTICLE 2. CEREAL MALT BEVERAGES
3-201.
LICENSE REQUIRED OF RETAILERS. (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. 544, Sec. 1)
3-202.
APPLICATION. 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) Each application for a
general retailer's license shall be accompanied by a certificate from the city
health officer certifying that he or she has inspected the premises to be
licensed and that the same comply with the health code and/or ordinances of the
city.
(g) Each application for a
general retailer's license must be accompanied by a certificate from the city
fire chief certifying that he or she has inspected the premises to be licensed
and that the same comply with the fire code and/or ordinances of the city.
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 governing body 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. 544, Sec. 2)
3-202a.
LICENSE APPLICATION PROCEDURES. (a)
All applications for a new or renewed cereal malt beverage license shall
be submitted to the city clerk at least 10 days in advance of the governing body
meeting at which they will be considered.
(b) The city clerk shall
notify the holder of an existing license 30 days in advance of its expiration.
(c) The city clerk shall
provide copies of all applications to the police department, to the fire
department, and to the health department, when they are received.
The police department shall run a records check on all applicants and the
fire department and health department will inspect the premises in accordance
with city fire codes and/or ordinances. The
departments will then recommend approval, or disapproval, of applications within
five working days of the department's receipt of the application.
(d) The governing body will
not consider any application for a new or renewed license that has not been
submitted 10 days in advance and been reviewed by the above city departments.
(e) An applicant who does not
hold a cereal malt beverage license in the city shall attend the governing body
meeting when the application for a new license will be considered.
(Ord. 544, Sec. 3)
3-203.
LICENSE GRANTED; DENIED. (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. 544, Sec. 4)
3-204.
LICENSE TO BE POSTED. Each
license shall be posted in a conspicuous place in the place of business for
which the license is issued. (Ord.
544, Sec. 5a)
3-205.
LICENSE, DISQUALIFICATION. No
license shall be issued to:
(a) A person who is not a
resident of the city and 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 Stevens 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 nonresidence 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.
(Ord. 544, Sec. 6)
3-206. RESTRICTION UPON LOCATION. (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 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; Ord.
544, Sec. 7)
3-207.
LICENSE FEE.
The rules and regulations regarding license fees shall be as follows:
(a) General Retailer
-- for each place of business selling cereal malt beverages at retail, $50 per
calendar year.
(b) Limited 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, $25
per calendar year.
The 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.
(d) There shall be no refund
in any case when licensees quit business prior to the end of the calendar year,
or when the license is revoked for any cause provided for under this article.
(K.S.A. 41-2702; Ord. 544, Sec. 5)
3-208.
SUSPENSION OF LICENSE. 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. (Ord.
544, Sec. 11)
3-209.
LICENSE SUSPENSION/REVOCATION BY GOVERNING BODY.
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;
(i) The provision 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; Ord. 544, Sec. 12)
3-210.
SAME; APPEAL. The licensee,
within 20 days after the order of the governing body revoking any license, may
appeal to the district court of Stevens 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; Ord.
544, Sec. 13)
3-211.
CHANGE OF LOCATION. 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 $5.
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.
(Ord. 544, Sec. 14)
3-212. WHOLESALERS AND/OR DISTRIBUTORS.
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.
41-2713; Code 1987)
3-213. BUSINESS REGULATIONS.
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 cereal malt beverages may be sold, dispensed, or consumed
between the hours of 12:00 midnight and 6:00 a.m., or on Sunday, or on the day
of any national, state, county or city election, including primary elections,
during the hours the polls are open, within the political area in which such
election is being held; 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 shall employ
any person who has been judged guilty of a felony.
(l) No private rooms or
closed booths shall be operated in any licensed premises.
(Ord. 544, Sec. 8)
3-214.
PROHIBITED CONDUCT ON PREMISES. The
following conduct by a cereal malt beverage licensee, manager or employee of any
licensed cereal malt beverage establishment is deemed contrary to public welfare
and is prohibited:
(a) Remaining or permitting
any person to remain in or upon the premises who exposes to view any portion of
the female breasts below the top of the areola or any portion of males/females
pubic hair, anus, buttocks or genitals;
(b) Permitting any employee
on the licensed premises to touch, caress or fondle the breasts, buttocks, anus,
vulva or genitals of any other employee or any patron;
(c) Encouraging or permitting
any patron on the licensed premises to touch, caress or fondle the breasts,
buttocks, anus, vulva, or genitals of any employee;
(d) Performing or permitting
any person to perform on the licensed premises acts of or acts which simulate:
(1) Sexual intercourse,
masturbation, sodomy, or any other sexual act which is prohibited by law; or
(2) Touching, caressing or
fondling such persons' breasts, buttocks, anus or genitals.
(e) Using or permitting any
person to use on the licensed premises any artificial devices or inanimate
objects to depict any of the acts prohibited by paragraph (d) of this section.
(f) Showing or permitting any
person to show in the licensed premises any motion picture, film, photograph,
electronic reproduction, or other visual reproduction depicting:
(1) Acts or simulated acts of
sexual intercourse, masturbation, sodomy, or any sexual act which is prohibited
by law;
(2) The touching, caressing
or fondling of the buttocks, anus, genitals or the female breasts;
(3) Scenes in which a person
displays the buttocks, anus, genitals or the female breasts.
(g) As used in this section,
the term "premises" means the premises licensed by the city as a
cereal malt beverage establishment and such other areas, under the control of
the licensee or his or her employee or employees, that are in such close
proximity to the licensed premises that activities and conduct of persons within
such other areas may be viewed by persons on or within the licensed premises.
(Ord. 544, Sec. 10)
3-215.
SANITARY CONDITIONS REQUIRED. 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.
544, Sec. 9)
3-216.
MINORS ON PREMISES. (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 50 percent of its gross receipts in
each calendar year from the sale of cereal malt beverages for on-premises
consumption. (Code 1987)
3-217. SALE TO MINORS. No
person shall directly or indirectly sell to, buy for, give to, furnish or in any
manner procure any cereal malt beverage to or for a person under the legal age
for consumption. (Ord. 429, Sec. 1;
Code 1987)
3-218. LITTERING PROHIBITED.
It shall be unlawful for any person to litter any street, highway or
public place or private property with discarded and abandoned cereal malt
beverage containers, bottles, broken or unbroken, cans, jugs, cartons, cases,
kegs or similar refuse and trash. (Code
1971, 3-117)
ARTICLE 3. ALCOHOLIC LIQUOR
3-301. OCCUPATION TAXES LEVIED.
(a) It shall be unlawful for
any person to keep, offer, or expose for sale, or to sell any alcoholic liquor
as defined by the "Kansas Liquor Control Act" without first having
procured a license to do so as required by said act.
(b) The annual occupation tax
on each retailer of alcoholic liquor (including beer containing more than three
and two tenths percent of alcohol by weight) for consumption off the premises
(sales in the original package only) in the sum of $300 in the city, who has a
retailer's license issued by the State Director of Alcoholic Beverage Control,
which tax shall be paid before business is begun under an original state license
and within five days after any renewal of a state license.
(K.S.A. 41-310; Code 1971, 3-201; 301)
3-302. PAYMENT OF TAX. A
holder of license for the retail sale of alcoholic liquors by the package in the
city, issued by the State Director of Alcoholic Beverage Control shall present
such license when applying to pay the occupation tax levied in section 3-201 of
this article. The tax shall be
received and receipt issued for the period covered by the state license by the
city clerk. (K.S.A. 41-310; Code
1971, 3-202)
3-303. DISPLAY OF TAX RECEIPT.
Every licensee 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.
(K.S.A. 41-325; Code 1971, 3-203)
3-304. PENALTY. Any
person having a state license to retail alcoholic liquor by the package who
shall fail to pay the occupation tax herein levied and within the time
prescribed or who shall violate any other provision of this article shall, upon
conviction thereof, by fined not more than $100 for each day's violation:
Provided, That nothing herein shall be construed to prohibit the city
from collecting the occupation tax by any procedure authorized by law.
(Code 1971, 3-204)
3-305.
SALE TO CERTAIN PERSONS. No
person shall knowingly sell, give away, dispose of, exchange or deliver, or
permit the sale, gift or procuring of any alcoholic liquor to or for any minor;
and no such minor shall represent that he or she is of age for the purpose of
asking for, purchasing or receiving alcoholic liquor from any persons, except in
cases authorized by law. No person
shall knowingly sell, give away, dispose of, exchange or deliver, or permit the
sale, gift or procuring of any alcoholic liquor to or for any person who is
mentally incompetent, or any person who is physically or mentally incapacitated
by the consumption of such liquor. Any
person violating any of the provisions of this section shall be deemed guilty of
a misdemeanor, and upon conviction thereof, shall be punished by a fine of not
more than $200 or by imprisonment for not to exceed 30 days, or by both such
fine and imprisonment in the discretion of the court.
(K.S.A. Supp. 41-715; Code 1971, 3-302)
3-306. CONSUMPTION IN PUBLIC PLACES.
It shall be unlawful for any person to drink or consume alcoholic liquor
upon the public streets, alleys, roads or highways, or in beer parlors, taverns,
poolhalls, or places to which the general public has access, whether or not an
admission or other fee is charged or collected, or upon property owned by the
state or any governmental subdivision thereof or inside vehicles while upon the
public streets, alleys, roads or highways. Any
person violating the provision of this section shall be deemed guilty of a
misdemeanor, and upon conviction shall be punished by a fine of not less than
$50, nor more than $100, or by imprisonment for not more than three months or be
both so fined and imprisoned. (K.S.A.
Supp. 41-719; R.O. 1955, Sec. 3-303)
3-307.
CONSUMPTION OF ALCOHOLIC LIQUOR. (a)
No person shall consume any alcoholic liquor while operating any vehicle
upon any street or highway.
(b) Violation of this section
is punishable by a fine of not less than $50 nor more than $200 or by
imprisonment for six months, or both. (K.S.A.
41-719a)
ARTICLE 4. PRIVATE CLUBS
3-401.
LICENSE REQUIRED. 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 1987)
3-402. LICENSE FEE. (a)
There is hereby levied an annual license fee an 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 fee
for a Class A club shall be $100 and the city license fee for a Class B club
shall be $100.
(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. 409, Sec. 2; Code 1987)
3-403. BUSINESS REGULATIONS.
(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. (Code 1987) |
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