Chapter 5.20 ALCOHOLIC LIQUOR AND CEREAL MALT BEVERAGES

A. “Alcoholic liquor” means alcohol, spirits, wine or 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.

B. “Caterer” means an individual, partnership or corporation which sells alcoholic liquor by the individual drink, and provides services related to the serving thereof, on unlicensed premises which may be open to the public; but does not include a holder of a temporary permit selling alcoholic liquor in accordance with the terms of such permit.

C. “Enhanced cereal malt beverage” means cereal malt beverage as that term is defined in K.S.A. 41-2701, and amendments thereto, and such term shall include beer containing not more than six percent alcohol by volume when such beer is sold by a retailer licensed under the Kansas Cereal Malt Beverage Act.

D. “Class A club” means premises owned or leased by a corporation, partnership, business trust or association 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 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. “Drinking establishment” means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.

H. “Temporary permit” means a permit, issued in accordance with the laws of the State of Kansas, which allows the permit holder to offer for sale, sell and serve alcoholic liquor for consumption on unlicensed premises, open to the public. (Ord. 2604 § 1; Ord. 1612 § 1. Code 1990 § 3-101)

5.20.020 Restriction on location.

A. No alcoholic liquor shall be sold or served by a person holding a license or permit from the City whose place of business or other premises are located within 200 feet of any church, school, nursing home, library, or hospital, said distance to be measured from the nearest property line of such church, school, nursing home, library or hospital to the nearest portion of the building occupied by the premises.

B. The distance location of subsection (A) of this section shall not apply to a club, drinking establishment, caterer or temporary permit holder when the license or permit applicant petitions for and receives a waiver of the distance limitation from the Governing Body. The Governing Body shall grant such a waiver only following public notice and hearing and a finding by the Governing Body that the proximity of the establishment is not adverse to the public welfare or safety.

C. No license or permit shall be issued for the sale of alcoholic liquor if the building or use does not meet the zoning ordinance requirements of the City or conflicts with other City laws, including building and health codes. (Ord. 1612 § 1. Code 1990 § 3-102)

5.20.030 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, or where a caterer or temporary permit holder is serving alcoholic liquor.

B. It shall be unlawful for the operator, person in charge or licensee of any premises licensed for on-premises consumption of alcoholic liquor or a caterer or temporary permit holder who is serving 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/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. (Ord. 1612 § 1. Code 1990 § 3-103)

5.20.040 Consumption on public property.

No person shall drink or consume or have in their possession any open bottle or can or container of any alcoholic liquor or cereal malt beverage on City-owned public property. However, this prohibition shall not apply to the Gardner Municipal Golf Course nor to the Gardner Lake Dam Park when properly leased for an event. This prohibition shall also not apply to the Festival on the Trails event and to special events at Celebration Park where a permit is approved by the City Council and issued by the City Clerk for a specific location and time period. An off-premises cereal malt beverage license will be required. Any person violating the provisions of this section shall, upon conviction, be fined not more than $200.00. (Ord. 2363 § 1; Ord. 2231 § 1; Ord. 1720 § 1. Code 1990 § 3-104)

5.20.050 Penalty.

If the licensee or permit holder has violated any of the provisions of this chapter, the Governing Body of the City, upon 10 days’ written notice to a person holding a license or permit to sell alcoholic liquor, may permanently revoke or cause to be suspended for a period of not more than 30 days such license or permit, and the individual holding the license or permit 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. A fine of not more than $499.00; or

B. Imprisonment in jail for not more than 179 days; or

C. Both such fine and imprisonment not to exceed subsections (A) and (B) of this section. (Ord. 2257 § 2; Ord. 1612 § 1. Code 1990 § 3-105)

Article II. Alcoholic Liquor – Original Package Sales

5.20.060 License tax.

There is hereby levied an occupation and license tax on each retailer of alcoholic liquor, including beer containing more than three and two-tenths percent of alcohol by weight, for sales in the original package only. Said license tax shall be set by the Governing Body by resolution and paid by said retailer to the City Clerk of the City before business is begun under any original state license and shall be paid within five days after any renewal of a state license. (Ord. 2531 § 6; Ord. 2472 § 1; Ord. 1612 § 1. Code 1990 § 3-201)

5.20.070 Payment of license tax.

The holder of a license for the retail sale of alcoholic liquor by the package, including beer, as aforesaid, in the City issued by the State Director of Alcoholic Beverage Control shall present such license to the City Clerk when applying to pay the occupation tax levied in GMC 5.20.060 and the tax shall be received and receipt shall be issued for the period covered by the state license. (Ord. 1612 § 1. Code 1990 § 3-202)

5.20.080 Display of license.

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. (Ord. 1612 § 1. Code 1990 § 3-203)

5.20.090 Opening and closing hours and dates of sale.

No person, firm, corporation or partnership is authorized to sell at any retail alcoholic liquor establishment liquor in the original package before the hour of 9:00 a.m. or after the hour of 11:00 p.m. on Monday through Saturday, or before the hour of 9:00 a.m. or after the hour of 8:00 p.m. on Sunday, and is prohibited at any time on Thanksgiving Day, Christmas Day, or Easter, within the corporate limits of the City. (Ord. 2709 § 1; Ord. 2298 § 1. Code 1990 § 3-204)

5.20.100 Penalty.

Any person, firm, partnership or corporation having a license to retail alcoholic liquor by the package, as herein provided, who shall fail to pay the occupation tax herein levied and within the time prescribed herein, or who shall violate GMC 5.20.090 relating to opening and closing hours, shall, upon conviction, be fined not more than $100.00 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. (Ord. 1612 § 1. Code 1990 § 3-205)

Article III. Drinking Establishments

5.20.110 License required.

It shall be unlawful for any person granted a drinking establishment license by the State of Kansas to sell or serve any alcoholic liquor authorized by such license within the City without first obtaining a City license from the City Clerk. (Ord. 1612 § 1. Code 1990 § 3-301)

5.20.120 License tax.

A. There is hereby levied an occupation and license tax on each drinking establishment located in the City which has a drinking establishment 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. Said license tax shall be set by the Governing Body by resolution.

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 tax 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 tax shall be refunded for any reason.

D. Every licensee shall cause the City drinking establishment license to be placed in plain view next to or below the state license in a conspicuous place on the licensed premises. (Ord. 2531 § 7; Ord. 2472 § 2; Ord. 1612 § 1. Code 1990 § 3-302)

5.20.130 Business regulations.

A. No drinking establishment 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 beverage for on-premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises.

C. No alcoholic beverages or cereal malt beverages shall be given, sold, or traded to any person under 21 years of age. (Ord. 1612 § 1. Code 1990 § 3-303)

5.20.140 Penalty.

If licensee has violated any of the provisions of this article, the Governing Body of the City, upon 10 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 30 days such license, and the individual 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. A fine of not more than $499.00; or

B. Imprisonment in jail for not more than 179 days; or

C. Both such fine and imprisonment not to exceed subsections (A) and (B) of this section. (Ord. 2257 § 3; Ord. 1612 § 1. Code 1990 § 3-304)

Article IV. Private Clubs

5.20.150 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. (Ord. 1612 § 1. Code 1990 § 3-401)

5.20.160 License tax.

A. There is hereby levied an occupation and license tax on each private club located in the City which has a private club 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 renewal of a state license. Said license tax shall be set by the Governing Body by resolution.

C. The license period shall extend for the period covered by the state license. No license tax 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. 2531 § 8; Ord. 2472 § 3; Ord. 1612 § 1. Code 1990 § 3-402)

5.20.170 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 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. (Ord. 1612 § 1. Code 1990 § 3-403)

5.20.180 Penalty.

If the licensee has violated any of the provisions of this article, the Governing Body of the City, upon five 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 30 days such license and the individual 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. A fine of not more than $499.00; or

B. Imprisonment in jail for not more than 179 days; or

C. Both such fine and imprisonment not to exceed subsections (A) and (B) of this section. (Ord. 1612 § 1. Code 1990 § 3-404)

Article V. Caterer

5.20.190 License required.

It shall be unlawful for any person licensed by the State of Kansas as a caterer to sell alcoholic liquor by the drink, to sell or serve any liquor by the drink within the City without obtaining a local caterer’s license from the City Clerk. (Ord. 1612 § 1. Code 1990 § 3-501)

5.20.200 License tax.

A. There is hereby levied an occupation and license tax on each caterer doing business in the City who has a caterer’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. Said license tax shall be set by the Governing Body by resolution.

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

D. Every licensee shall cause the caterer license to be placed in plain view on any premises within the City where the caterer is serving or mixing alcoholic liquor for consumption on the premises. (Ord. 2531 § 9; Ord. 2472 § 4; Ord. 1612 § 1. Code 1990 § 3-502)

5.20.210 Business regulations.

A. No caterer licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor between the hours of 2:00 a.m. and 9:00 a.m. on any day.

B. No alcoholic beverages or cereal malt beverages shall be given, sold or traded to any person under 21 years of age. (Ord. 1612 § 1. Code 1990 § 3-503)

5.20.220 Notice to Chief of Police.

Prior to any event at which a caterer will sell or serve alcoholic liquor by the individual drink, the caterer shall provide written notice to the Chief of Police at least 48 hours prior to the event if the event will take place within the City. The notice shall contain the location, name of the group sponsoring the event, and the exact date and times the caterer will be serving. (Ord. 1612 § 1. Code 1990 § 3-504)

5.20.230 Penalty.

If the licensee has violated any of the provisions of this article, the Governing Body of the City, upon 10 days’ written notice to the person holding such caterer’s license to sell alcoholic liquor, may permanently revoke or cause to be suspended for a period of not more than 30 days such license, and the individual 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. A fine of not more than $499.00; or

B. Imprisonment in jail for not more than 179 days; or

C. Both such fine and imprisonment not to exceed subsections (A) and (B) of this section. (Ord. 2257 § 4; Ord. 1612 § 1. Code 1990 § 3-505)

Article VI. Temporary Permits

5.20.240 Permit required.

It shall be unlawful for any person granted a temporary permit by the State of Kansas to sell or serve any alcoholic liquor within the City without first obtaining a local temporary permit from the City Clerk. (Ord. 1612 § 1. Code 1990 § 3-601)

5.20.250 Permit fee.

A. There is hereby levied a temporary permit fee on each group or individual holding a temporary permit issued by the State Director of Alcoholic Beverage Control authorizing sales within the City, which fee shall be paid before the event is begun under the state permit. Said permit fee shall be set by the Governing Body by resolution.

B. Every temporary permit holder shall cause the temporary permit receipt to be placed in plain view on any premises within the City where the holder of the temporary permit is serving or mixing alcoholic liquor for consumption on the premises. (Ord. 2531 § 10; Ord. 1612 § 1. Code 1990 § 3-602)

5.20.260 City temporary permit.

A. It shall be unlawful for any person to conduct an event under a state-issued temporary permit without first applying for a local temporary permit at least two days before the event. Written application for the local temporary permit shall be made to the City Clerk and shall clearly state:

1. The name of the applicant;

2. The group for which the event is planned;

3. The location of the event;

4. The date and time of the event;

5. Any anticipated need for police, fire or other municipal services.

B. Upon presentation of a state temporary permit, payment of the City’s temporary permit fee and a written application as provided for in GMC 5.20.250(A) and 5.20.260(A), the City Clerk shall issue a local temporary permit to the applicant if there are no conflicts with any zoning or other ordinances of the City.

C. The City Clerk shall notify the Chief of Police whenever a temporary permit has been issued and forward a copy of the permit and application to the Chief of Police. (Ord. 1612 § 1. Code 1990 § 3-603)

5.20.270 Permit regulations.

A. No temporary permit holder shall allow the serving, mixing or consumption of alcoholic liquor between the hours of 2:00 a.m. and 9:00 a.m. at any event for which a temporary permit has been issued.

B. No alcoholic beverages shall be given, sold or traded to any person under 21 years of age. (Ord. 1612 § 1. Code 1990 § 3-604)

5.20.280 Penalty.

If the permit holder has violated any of the provisions of this article, the Governing Body may revoke such temporary permit, and the individual holding the permit 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. A fine of not more than $499.00; or

B. Imprisonment in jail for not more than 179 days; or

C. Both such fine and imprisonment not to exceed subsections (A) and (B) of this section. (Ord. 1612 § 1. Code 1990 § 3-605)

Article VII. Cereal Malt Beverages

5.20.285 License issued by City.

The cereal malt beverage license, issued by the City pursuant to this article, authorizes the sale of enhanced cereal malt beverages, as defined in Article I, by those retailers in compliance with this article and other laws and regulations that may apply. (Ord. 2604 § 2)

5.20.290 License required of retailers.

A. It shall be unlawful for any person to sell any enhanced cereal malt beverage at retail without a license for each place of business where enhanced cereal malt beverages are to be sold at retail.

B. It shall be unlawful for any person, having a license to sell enhanced cereal malt beverages at retail only in the original and unopened containers and not for consumption on the premises, to sell any enhanced cereal malt beverage in any other manner. (Ord. 2604 § 2; Ord. 1612 § 1. Code 1990 § 3-701)

5.20.300 Application.

Any person desiring a license shall make an application to the Governing Body of the City and accompany the application with 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/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 not less than 21 years of age and that he/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, 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/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/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 for investigation of the applicant. It shall be the duty of the Chief of Police to investigate such applicant to determine whether he/she is qualified as a licensee under the provisions of this article. The Chief shall report to the City Clerk 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. 2604 § 2; Ord. 2257 § 5; Ord. 1612 § 1. Code 1990 § 3-702)

5.20.310 License application procedures.

A. All applications for a new or renewed enhanced 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 County Health Department when they are received. The Police Department shall run a records check on all applicants and the Fire Department and County Health Department will inspect the premises. 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 Departments.

E. An applicant who has not had an enhanced cereal malt beverage license in the City shall attend the Governing Body meeting when the application for a new license will be considered. (Ord. 2604 § 2; Ord. 1612 § 1. Code 1990 § 3-703)

5.20.320 License granted – Denied.

A. The minutes of the Governing Body meeting 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 shall be immediately returned to the person who has made the application. (Ord. 2604 § 2; Ord. 1612 § 1. Code 1990 § 3-704)

5.20.330 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. 2604 § 2; Ord. 1612 § 1. Code 1990 § 3-705)

5.20.340 License – Disqualification.

No 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 year immediately preceding application and a resident of Johnson 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:

1. Has had a retailer’s license revoked under K.S.A. 41-2708 and amendments thereto; or

2. 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. (Ord. 2604 § 2; Ord. 2257 § 6; Ord. 1612 § 1. Code 1990 § 3-706)

5.20.350 Restriction upon location.

A. No license shall be issued for the sale at retail of any enhanced cereal malt beverage on premises which are located in areas not zoned for such purpose.

B. It shall be unlawful to sell, dispense or retail any enhanced cereal malt beverage at any place within the City limits that is within a 200-foot radius of any church, school or library.

C. The 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) of this section 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. (Ord. 2604 § 2; Ord. 1612 § 1. Code 1990 § 3-707)

5.20.360 License fee.

The license fees for general retailer and limited retailer shall be set by the Governing Body by resolution. 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. 2604 § 2; Ord. 2531 § 11; Ord. 1612 § 1. Code 1990 § 3-708)

5.20.370 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 enhanced cereal malt beverages, which violation does not in his/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. 2604 § 2; Ord. 2257 § 7; Ord. 1612 § 1. Code 1990 § 3-709)

5.20.380 License suspension/revocation by Governing Body.

The Governing Body, upon five days’ written notice to a person holding a license to sell enhanced cereal malt beverages, may permanently revoke or cause to be suspended such license for a period of not more than 30 days 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/her manager or employee permitting any intoxicated person to remain in such place selling enhanced cereal malt beverages;

D. The sale of enhanced 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 enhanced 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 premises licensed under this article;

J. The nonpayment of any license fees;

K. If the licensee has become ineligible to obtain a license;

L. The provisions of subsections (F) and (I) of this section shall not apply if such place of business is also currently licensed as a private club. (Ord. 2604 § 2; Ord. 1612 § 1. Code 1990 § 3-710)

5.20.390 License suspension/revocation by Governing Body – Appeal.

The licensee, within 20 days after the order of the Governing Body revoking any license, may appeal to the District Court of Johnson 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/her behalf, for a period of six months thereafter. (Ord. 2604 § 2; Ord. 1612 § 1. Code 1990 § 3-711)

5.20.400 Change of location.

If a licensee desires to change the location of his/her place of business, he/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 that shall be set by the Governing Body by resolution. If the application is in proper form and the location is not in a prohibited zone and all the 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. 2604 § 2; Ord. 2531 § 12; Ord. 1612 § 1. Code 1990 § 3-712)

5.20.410 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 enhanced 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 State of Kansas authorizing such sales. (Ord. 2604 § 2; Ord. 1612 § 1. Code 1990 § 3-713)

5.20.420 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. No enhanced cereal malt beverages may be sold or dispensed between the hours of 12:00 midnight and 6:00 a.m., except in a place of business which is licensed to sell enhanced cereal malt beverage for consumption on the premises, which derives not less than 30 percent of its gross receipts from the sale of food for consumption on the licensed premises. Enhanced 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. 41-701 et seq. and licensed as a club by the State of Kansas; provided, however, no enhanced cereal malt beverages shall be sold or dispensed on Easter Sunday.

D. Enhanced 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. 41-2601 et seq., and licensed as a club by the State of Kansas.

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 of Kansas 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 enhanced 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 licensee or agent or employee of the licensee shall employ any person under 18 years of age in dispensing enhanced cereal malt beverages. (Ord. 2604 § 2; Ord. 2298 § 2; Ord. 1612 § 1. Code 1990 § 3-714)

5.20.425 Prohibited conduct on premises.

The following conduct by an enhanced cereal malt beverage licensee, manager or employee of any licensed enhanced 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 male’s/female’s 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 person’s 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 subsection (D) of this section;

F. Showing or permitting any person to show on 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. The term “premises” means the premises licensed by the City as an enhanced 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. 2604 § 2)

5.20.430 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 which shall be 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 or County Health Officer or designee. (Ord. 2604 § 2; Ord. 1612 § 1. Code 1990 § 3-715)

5.20.440 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 enhanced 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/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 enhanced cereal malt beverages for on-premises consumption. (Ord. 2604 § 2; Ord. 1612 § 1. Code 1990 § 3-716)

5.20.450 Penalty.

If the licensee has violated any provisions of this article, the City may suspend and/or revoke such license pursuant to GMC 5.20.370, 5.20.380 and 5.20.390 and the individual 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. A fine of not more than $499.00; or

B. Imprisonment in jail for not more than 179 days; or

C. Both such fine and imprisonment not to exceed subsections (A) and (B) of this section. (Ord. 2604 § 2; Ord. 2267 § 2; Ord. 1612 § 1. Code 1990 § 3-717)

Article VIII. Special Events

5.20.460 Permit required.

It shall be unlawful for any person to sell or serve any cereal malt beverage at a special event within the City without first obtaining a special event retailers’ permit from the City Clerk. (Ord. 2387 § 1)

5.20.470 Permit requirements.

A. It shall be unlawful for any person to conduct an event where cereal malt beverages are sold or served without first applying for a special event retailers’ permit at least 10 days before the event. Written application for the special event retailers’ permit shall be made to the City Clerk and shall clearly state:

1. The name of the applicant;

2. The group for which the event is planned;

3. The location (address) of the event;

4. The date and time of the event;

5. Any anticipated need for police, fire or other municipal services.

B. Upon payment of the City’s temporary permit fee and a written application as provided for in subsection (A) of this section, the City Clerk shall issue a special event retailers’ permit to the applicant if the location of the event is within any commercial or industrial zone of the City and there are no conflicts with any zoning or other ordinances of the city. A special event retailers’ permit shall not be issued if the location of the event is within any residential district (including R-L, R-1, R-1A, R-2, R-3), any agricultural district (including A-L), any planned unit development, or any manufactured home or home park district of the City.

C. The City Clerk shall notify the Chief of Police whenever a special event retailers’ permit has been issued and forward a copy of the permit and application to the Chief of Police.

D. The special event retailers’ permit shall state the following:

1. Name of the person holding the permit;

2. The premises for which the permit is issued; and

3. The date and hours of the event. (Ord. 2387 § 2)

5.20.480 Permit regulations.

A. No temporary permit holder shall allow the serving or sale of cereal malt beverages between the hours of 2:00 a.m. and 6:00 a.m. at any event for which a special event retailers’ permit has been issued.

B. No cereal malt beverages shall be given, sold or traded to any person under 21 years of age.

C. No more than four special event retailers’ permits may be issued to any one applicant in a calendar year.

D. A special event retailers’ permit shall not be transferable or assignable.

E. A special event retailers’ permit holder shall not be subject to the provisions of the Beer and Cereal Malt Beverage Registration Act, K.S.A. 41-2901 et seq., and amendments thereto. (Ord. 2387 § 3)

5.20.490 Permit fee.

A. There is hereby levied a special event retailers’ permit fee on each group or individual issued a permit pursuant to this article which fee shall be paid to the City Clerk at the time of application. Said permit fee shall be set by the Governing Body by resolution.

B. In order for the CMB license to be valid, a State CMB stamp must be affixed to it. The State CMB stamp fee is in addition to the license fee and is collected by the City Clerk at the time of application.

C. Every permit holder shall cause the special event retailers’ permit and receipt to be placed in plain view on any premises within the City where the holder of the special event retailers’ permit is serving cereal malt beverages for consumption on the premises. (Ord. 2531 § 13; Ord. 2387 § 4)

5.20.500 Penalties.

Any person violating any provision of this article shall be punished by:

A. A fine of not more than $1,000; or

B. Imprisonment in jail for not more than 179 days; or

C. Both such fine and imprisonment not to exceed subsections (A) and (B) of this section. (Ord. 2387 § 5)