Chapter III · Business Regulations and Licenses

Article 6. Alcoholic Liquor - Retailers

Sections 3-601 to 3-605 · 5 sections

3-601 License.

It shall be unlawful for any person to sell, keep or sale, offer for sale, or expose for sale any alcoholic liquor as defined by the laws of the State of Kansas, without first having procured a license to sell the same.

3-602 License fees.

A separate biennial license fee, as prescribed in section 1-310, shall be assessed to and paid by each distributor or retailer of alcoholic liquors, including beer containing more than three and two-tenths percent (3.2%) of alcohol by weight, for consumption off the premises, sales in the original package only, as follows:

(a)A biennial license for an alcoholic liquor distributor's license for each distributing place of business operated in the city by the same licensee and wholesaling and jobbing alcoholic liquors.

(b)A biennial license fee for an alcoholic liquor retailer's license for each retail place of business operated in the city by the same licensee and selling alcoholic liquor, including beer containing more than three and two-tenths percent (3.2%) of alcohol by weight, for consumption off the premises, sales in the original package only.

(c)The license fee may be paid in two annual installments by paying one-half at the time of the application and the remaining one-half plus 10% of such remaining balance of the license fee due and payable one year from the date of issuance of the license. Failure to pay the full amount due under this paragraph on the date it is due shall result in the automatic cancellation of such license for the remainder of the license term.

(Ord. 3170; Ord. 3425)

3-603 Application.

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. The license period shall extend for the period covered by the state license. No license fee shall be refunded for any reason.

3-604 Business regulations.

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

(a)Every licensee shall cause the alcoholic liquor retailer license to be placed in plain view on the premises.

(b)No person shall sell any alcoholic liquor at retail: (1) before 9:00 a.m. or after 11:00 p.m. Monday through Saturday; or (2) before 9:00 a.m. or after 8:00 p.m. on Sunday; or (3) on Thanksgiving Day, Christmas Day, or Easter Sunday.

(c)No alcoholic beverages or cereal malt beverages shall be given, sold, or traded to any person under twenty-one (21) years of age.

(K.S.A. 41-712; K.S.A. 41-2911; C.O. No. 19; Ord. 3145; Ord. 3400)

3-605 Penalty.

If a licensee has violated any of the provisions of this article, the Governing Body, upon five (5) days’ written notice to the person holding such license to sell alcoholic liquor, may permanently revoke or cause to be suspended for a period of not more than thirty (30) days such license. In addition, the person holding the license may be charged in Municipal Court with a violation of the alcoholic liquor laws of the city and, upon conviction, shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment in jail for not more than thirty (30) days, or both such fine and imprisonment.