As used in this article, the words and phrases herein defined shall have the following meanings unless the context otherwise requires:
(a) Alcoholic Liquor Retailer means a person who has a license to sell alcoholic liquor at retail only in original and unopened containers and not for consumption on the premises.
(Ord. 2013-128; Code 2016)
(a) It shall be unlawful for any person to sell any alcoholic liquor in the original and unopened containers and not for consumption on the premises without a license for each place of business where alcoholic liquor is to be sold at retail.
(Ord. 2013-128; Code 2016)
Any person desiring a license shall make an application one week in advance before going to the governing body of the city and shall proffer the required license fee for each place of business for which the person desires the license. The application shall be accompanied by a copy of the license obtained from the State of Kansas corresponding to the type of license being requested and 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 desire;
(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;
(f) 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 City Administrator 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. 2013-128; Code 2016)
(a) The minutes of the governing body shall show the action taken on the application.
(b) If the license is granted, the City Administrator 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 immediately be returned to the person who has made application.
(Ord. 2013-128; Code 2016)
Each license shall be posted in a conspicuous place in the place of business for which the license is issued.
(Ord. 2013-128; Code 2016)
Qualifications for licensure shall be those prescribed by Kansas law according to K.S.A. 41-311 and 41-311 b and amendments thereto. Said statutory provisions are herein incorporated by reference.
(Ord. 2013-128; Code 2016)
There is hereby levied a biennial fee of $200 on any person holding a license issued by the state director of alcoholic beverage control for the retail sale within the city of alcoholic liquors for consumption off the premises. Such tax shall be paid by the retailer to the city clerk before business is begun under an original state license and shall be paid within five days after any renewal of a state license.
(K.S.A. 41-310(l)(1); Ord. 2013-128; Code 2016)
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 $100.00. If the application is in the 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. 2013-128; Code 2016)
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 conform to requirements prescribed by Kansas law according to K.S.A. 41-710 and amendments thereto. Said statutory provision is herein incorporated by reference.
(b) Retailers selling alcoholic liquor in the original and unopened containers and not for consumption on the premises may operate Monday through Saturday between the hours of 9:00a.m. to 11:00p.m. and Sundays from 12:00p.m. to 8:00p.m. No sales shall be made on Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day.
(c) 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.
(d) 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.
(e) No licensee or agent or employee of the licensee shall sell or permit the sale of alcoholic liquor to any person less than 21 years of age.
(f) No licensee or agent or employee of the licensee shall permit any person to mix drinks in or on the premises.
(g) 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.
(h) No licensee or agent or employee of the licensee shall employ any person less than 21 years of age in selling alcoholic liquor.
(i) No licensee shall employ any person who has been judged guilty of a felony to sell alcoholic liquor.
(Ord. 2013-128; Code 2016)