Article III
ALCOHOLIC BEVERAGES

Sections:

Sec. A3-1.    Repealed.

Sec. A3-2.    Cereal malt beverage retailer’s license – Generally.

Sec. A3-3.    Same – Procedure for issuance – Term.

    Cross References: Alcoholic beverages, Chapters 5.55 and 9.15 TMC.

Sec. A3-1. On certain municipal property.

Repealed by C. O. 105, 1-14-12. (C.O. 70 § 1, 7-11-87; C.O. 63 § 1, 11-5-83; C.O. 58 § 2, 5-8-82.)

Sec. A3-2. Cereal malt beverage retailer’s license – Generally.

All cereal malt beverage retailer’s licenses shall be governed by chapter 24 of the Code of the City of Topeka [now Chapters 5.05 and 5.10 TMC]; and all words, terms and phrases in said chapter pertaining to cereal malt beverage shall have the meanings ascribed to them by K.S.A. 41-2701, as amended. (C.O. 61 §§ 1, 2, 6-25-83.)

    Editor’s Note: The above is a summarized form, prepared by the office of the city attorney, of §§ 1 and 2 of Charter Ordinance 61.

    Cross References: Cereal malt beverage licenses, TMC 5.55.010 et seq.

    State Law References: K.S.A. 41-2702.

Sec. A3-3. Same – Procedure for issuance – Term.

(a) Procedure. After examination of an application for a retailer’s license, the governing body of the city shall, if the applicant is qualified as provided by law, issue a license to said applicant.

(b) Qualifications of applicant. No retailer’s license shall be issued to:

(1) A person who is not a resident of the county in which the place of business covered by the license is located, has not been a resident of such county for at least six months or has not been a resident in good faith of the State of Kansas for at least one year prior to application for a retailer’s license.

(2) A person who is not of good character and reputation in the community in which the person resides.

(3) A person who is not a citizen of the United States.

(4) A person who within two years immediately preceding the date of making application has been convicted of a felony, any crime involving a moral turpitude, drunkenness, driving a motor vehicle while under the influence of intoxicating liquor or violation of any other intoxicating liquor law of any state or of the United States.

(5) A partnership, unless one of the partners is a resident of the county in which the licensed premises is located and all the members of the partnership are otherwise qualified to obtain a license.

(6) 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 the citizenship and residency requirements.

(7) A person whose place of business is conducted by a manager or agent unless the manager or agent possesses all the qualifications of a licensee.

(c) Term of regular license; notice to wholesalers of nonrenewal. Regular retailer’s licenses shall be issued either on an annual basis or for the calendar year. If such licenses are issued on an annual basis, the board of county commissioners or the governing body of the city shall notify the cereal malt beverage wholesalers supplying the county or city on or before April 1 of the year if a retailer’s license is not renewed.

(d) Temporary license. The city clerk may, upon presentation of a regular and complete application for a cereal malt beverage license by a fully qualified applicant, and payment of the license fee, plus a premium fee in the amount of the license fee, issue a temporary license to the applicant, said temporary license being valid as a regular license until the completion of the next regularly scheduled meeting of the board of commissioners [council], or 14 days, whichever period is shorter. (C.O. 62 §§ 2 – 5, 9-24-83.)