CHAPTER III. BUSINESS REGULATIONS AND LICENSESCHAPTER III. BUSINESS REGULATIONS AND LICENSES\Article 1. Cereal Malt Beverages

Article 1. Cereal Malt Beverages

For the purposes of 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 or consumption and not for resale in any form.

(c)   Place of business means any place at which cereal malt beverages are sold.

(d)   Wholesaler or Distributor means individuals, firms, partnerships, corporations and associations engaged in the business of selling or offering for sale any cereal malt beverage referred to in this article to any person, corporation, partnership and association authorized by this article to sell such cereal malt beverage at retail.

(e)   Cereal malt beverage means any fermented but undistilled liquor brewed or made from malt, or from a mixture of malt and/or a malt substitute and containing not to exceed three and two-tenths per cent (3.2%) of alcohol by weight.

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

(g)   On-premises retailer means a licensee who has a license to sell at retail cereal malt beverages for consumption on the premises of the licensee.

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

(i)    Special event means an event that is open to the public where the consumption of cereal malt beverages may occur on public streets, alleys, sidewalks, or property.

(j)    Retailer means a person who sells or offers for sale any cereal malt beverage for use or 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.

(Ord. 3193)

It shall be unlawful for any person to sell any cereal malt beverage at retail for consumption on the premises of the licensee without an on-premises license.

(Ord. 3149)

It shall be unlawful for any person to sell any cereal malt beverage at retail in original and unopened containers and not for consumption on the premises of the licensee without an off-premises license.

(Ord. 2955; Ord. 3149)

A separate on-premises license is required for each place of business where cereal malt beverages are to be sold at retail for consumption on the premises of the licensee. A separate off-premises license is required for each place of business where cereal malt beverages are to be sold at retail in original and unopened containers and not for consumption on the premises of the licensee.

(Ord. 2955; Ord. 3149)

The cereal malt beverage retail license fees shall be as follows:

(a)   The annual license fee for each place of business selling cereal malt beverages at retail for consumption on the premises shall be two hundred dollars ($200.00).

(b)   The annual license fee for each place of business selling cereal malt beverages at retail in original and unopened containers and not for consumption on the premises shall be fifty dollars ($50.00).

(c)   The City Clerk shall also collect, in addition to the fees listed herein, any fees required by statute to be passed on to the state of Kansas.

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.

(Ord. 3101; Ord. 3125)

Application shall be made to the Governing Body with the required license fee for each place of business for which a license is requested. A verified application upon a form prepared by the Attorney General of the State of Kansas shall contain the following information:

(a)   The name and residence of the applicant and the length of residence within the State of Kansas.

(b)   The location of the place of business for which a license is requested.

(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, that the applicant is not less than twenty-one (21) years of age and that the applicant has not within two (2) years immediately preceding the date of making application been convicted of a felony or any crime involving moral turpitude, and has not been adjudged guilty of drunkenness, 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.

An application for a new or renewed cereal malt beverage license shall be submitted to the City Clerk at least ten (10) days in advance of the Governing Body meeting at which the application will be considered. The Governing Body shall not consider any application for a new or renewed license that has not been submitted ten (10) days in advance and been reviewed by the appropriate city departments. The City Clerk shall notify the holder of an existing license thirty (30) days in advance of its expiration. 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. The application shall be scheduled for consideration by the Governing Body at the earliest meeting consistent with the application and investigation requirements.

One copy of such application shall be immediately transmitted to the Police Chief for investigation of the applicant. It shall be the duty of the Police Chief to investigate such applicant to determine whether the applicant is qualified as a licensee under the provisions of this article. One copy of such application shall be immediately to the City Inspector and Fire Chief for investigation of the premises. It shall be the duty of the City Inspector and fire Chief to investigate such premises to determine whether such premises comply with the zoning, public health, building, fire and related codes of the city. The Police Chief, Fire Chief and the City Inspector shall report to the City Clerk not later than five (5) working days subsequent to the receipt of such application.

(Ord. 2933)

No cereal malt beverage 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 (1) year immediately preceding application, and a resident of Dickinson County for at least six (6) 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.

(d)   A person who, within two years immediately preceding the date of application, has been convicted of a felony or any crime involving moral turpitude, or has been adjudged guilty of drunkenness, 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 twenty-five percent (25%) 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 twenty-five percent (25%) of the stock of such corporation, has been an officer, manager or director, or a stockholder owning in the aggregate more than twenty-five percent (25%) of the stock, of a corporation which has had a retailer’s license revoked under K.S.A. 41-2708 and amendments thereto, or 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 shall not apply in determining eligibility for a renewal license.

(j)    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.

The Governing Body shall determine whether the application is granted or denied and such decision shall be recorded in the minutes of the meeting. 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 the license is issued. If the license shall be denied, the license fee shall be immediately returned to the person who has made application.

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

(a)   The license issued by the city shall be posted in a conspicuous place in the place of business for which the license is issued.

(b)   The place of business licensed and operating under this article shall have front and rear exits unlocked during all times while open for business.

(c)   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 inspection by public safety and health officers of the city, county, and state.

(d)   Except as provided by subsection (e):

(1)   No cereal malt beverages may be sold in the original package at retail between the hours of 12:00 midnight and 6:00 a.m., Monday through Saturday; or (2) before 12:00 noon or after 8:00 p.m. on Sunday; or (3) on Thanksgiving Day, Christmas Day or Easter Day.

(2)   No cereal malt beverages may be sold or dispensed for consumption on premises between the hours of 12:00 midnight and 6:00 a.m., or 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 thirty percent (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

(e)   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 of Kansas.

(f)   The place of business shall be open to the public at all times during business hours, except premises licensed as a club under a license issued by the State of Kansas.

(g)   No licensee, agent, or employee of the licensee shall become intoxicated in the place of business for which such license has been issued.

(h)   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.

(i)    No licensee or agent or employee of the licensee shall sell or permit the sale of cereal malt beverage to any person under the legal age for consumption.

(j)    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.

(k)   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.

(l)    No licensee shall employ any person who has been adjudged guilty of a felony.

(Ord.3145)

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 (1) restroom for each sex, which shall be easily accessible at all times to patrons and employees. The restroom shall be equipped with at least one (1) 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 shall be provided at all times. 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 Inspector or designee.

It shall be unlawful for any person under fourteen (14) years of age to remain on any premises where the sale of cereal malt beverages is licensed for on- premises consumption. This section shall not apply if the person under fourteen (14) years of age is an employee of the licensed establishment, is accompanied by a parent or guardian, or if the licensed establishment derives not more than fifty percent (50%) of its gross receipts in each calendar year from the sale of cereal malt beverages for on-premises consumption.

(Ord. 2646)

A licensee may change the location of a licensed place of business, by making 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 equivalent to original fee. If the application is in proper form, the location complies with zoning regulations, 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.

The Police Chief, upon five (5) days’ written notice, shall have the authority to suspend such license for a period not to exceed thirty (30) days, for any violation of the provisions of this chapter or other laws pertaining to cereal malt beverages. The licensee may appeal such Order of suspension to the Governing Body within seven (7) days from the date of such Order.

The Governing Body, upon five (5) days’ written notice, may permanently revoke or suspend such license for a period of not more than thirty (30) days for any of the following reasons:

(a)   If a licensee has fraudulently obtained the license by giving false information in the application thereof.

(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)   The nonpayment of any license fees.

(d)   If the licensee has become ineligible to obtain a license under any alcoholic liquor, private club, or drinking establishment Ordinance of the city.

(e)   No new license be issued to such licensee for a period of six (6) months after the effective date of a license revocation.

The licensee, within twenty (20) days after the order of the Governing Body revoking suspending any license, may appeal to the District Court of Dickinson County, Kansas, 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.

It shall be unlawful for any wholesaler, distributor, or agents and employees of a wholesaler or distributer, to sell or deliver cereal malt beverages within the city to persons authorized under this article to sell the same within this city, unless such wholesaler or distributor has first secured a license from the State of Kansas authorizing such sales.

Any person violating any of the provisions of this article shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.

It shall be unlawful for any person to sell or serve any cereal malt beverage at any special event within the City without first obtaining a local special event permit from the City Clerk.

There is hereby levied a Special Event Permit Fee on each group or individual applying for said Special Event Permit. Such Fee shall be established by ordinance and maintained in the Comprehensive Fee Schedule of the City. The Fee shall be in addition to any applicable fees required to be remitted to the Division of Alcohol Beverage Control and shall be paid before the event begins. The permit fee shall be not refunded to the applicant for any reason.

All applications for permits issued pursuant to this Article shall be submitted to the City Clerk not less than five (5) days prior to the event. The application for any permit pursuant to this Article shall clearly state:

(a)   the name of the applicant;

(b)   the group for which the event is planned;

(c)   the location of the event; and

(d)   the date and time of the event.

Upon meeting the requirements to obtain a Special Events Permit, the City Clerk shall issue the applicable permit to the applicant, provided there are no conflicts with any zoning or other Ordinances of the City. No cereal malt beverage license shall be issued to anyone disqualified from obtaining a cereal malt beverage license under Section 3-109 of this Article.

(Ord. 3193)

The City Clerk shall notify the Police Chief whenever a permit has been issued pursuant to this Article. Such notice shall include a copy of the permit and application to the Police Chief.

(Ord. 3193)

It shall be the duty of every Permit Holder to observe the following regulations:

(a)   Every Permit Holder issued a permit under this Article shall cause the permit receipt to be placed in plain view on any premises within the City where the holder of the permit is serving the permitted beverage for consumption on the premises.

(b)   No Permit Holder shall allow the serving of the permitted beverage between the hours of 12:00 am and 6:00 am at any event for which a permit has been issued under this Article.

(c)   No cereal malt beverage as defined in this Article shall be given, sold or traded to any person under twenty-one years of age.

(d)   No more than four permits may be issued in a calendar year to the same applicant.

(e)   No permit issued hereunder may be transferred or assigned to any other vendor, group, or individual.

(f)   All local Ordinances and state statutes for the sale and consumption of cereal malt beverages shall apply to Permit Holders of permits issued pursuant to this Article.

(Ord. 3193)

(a)   The City shall require the payment of a special event permit fee in the amount of Twenty-Five Dollars ($25.00). Such fee shall be in addition to any applicable fees required to be remitted to the Division of Alcohol Beverage Control and shall be paid before the event begins. The permit fee shall not be refunded to the applicant for any reason.

(b)   The Special Event Permit Fee as contained herein shall be published and maintained in the Comprehensive Fee Schedule for the City of Abilene, Kansas.

(Ord. 3196)