8.5 Alcohol Sales Consumption CITY OF SALINA
REQUEST FOR COMMISSION ACTION ~l~ / 94 TIME
4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. 8 City Clerk AGENDA:
ITEM: -~ ~
NO. § Judy D. Long
BY: B
Item
First Reading Ordinance Number 94-9661 amending Chapter 5, Sections 5-18 and
5-67 of the Salina Code regarding Alcoholic Beverages.
Background
The 1994 Kansas Legislature amended K.S.A. 41-712 (alcoholic liquor) and
K.S.A. 41-2704 (cereal malt beverage) to eliminate the prohibition against the
sale of alcoholic liquor and cereal malt beverage on "the day of any national,
state, county or city election, including primary elections, during the hours
the polls are open, within the political area in which the election is being
held."
It is the City Attorney's opinion that any effort to continue to prohibit sale
on election day would be in conflict with state law and beyond the scope of the
City*s home rule authority.
Ordinance Number 94-9661 removes the prohibition from the Salina Code.
Recommendation
Adopt Ordinance Number 94-9661 for first reading.
COMMISSION ACTION
MOTION BY , SECOND BY
THAT:
(First published in the Salina Journal on October , 1994)
ORDINAN(~E NUMBER 94-9661
AN ORDINANCE AMENDING CHAPTER 5, SECTIONS 5-18 AND 5=67 OF THE
SALINA CODE REGARDING ALCOHOLIC BEVERAGES AND REPEALING THE
EXISTING SECTIONS.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That Chapter 5, Section 5-18 of the Salina Code shall be
amended to read as follows:
"Section 5-18. Days, hours when retail sale prohibited.
No person shall sell at retail any alcoholic liquor within the
corporate limits of the city:
(1) On the first day of the week, commonly called Sunday;
(2) On Decoration or Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day;
(3) Before 9:00 a.m. or after 10:00 p.m. on any day when sale is
permitted.'
Section 2. That Section 5-67 of the Salina Code shall be amended to
read as follows:
"Section 5-67. Hours, days sales and consumption prohibited.
No cereal malt beverages may be sold, or may be consumed in any
licensed premises open to the public,; between the hours of 12:00
midnight and 6:00 a.m. or on Sunday.
Section 3. That the existing Sections 5-18 and 5-67 of the Salina
Code are hereby repealed.
Section 4. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
Introduced: October 17, 1994
Passed: October 24, 1994
(SEAL) Joseph A. Warner, Mayor
ATTEST:
Judy D. Long, City Clerk