8.5 Alcohol & Minors CITY OF SALINA
REQUEST FOR COMM I SS I ON ACT ION DATE TIME
8/12/1985 4:00 P.M.
AGENDA SECTION: ADMINISTRATION ORIGINATING DEPARTMENT: APPROVED FOR
NO. 8 City Clerk AGENDA:
1 TEM ~
NO. 5
BY: D. L. Harrison BY:
Second Reading Ordinance Number 85-9087 - providing for the amendment of
certain sections of Chapter 5 of the Salina Code relating to the legal age for
the consumption of cereal malt beverage, the sale of cereal malt beverages to
persons under the legal age for consumption of cereal malt beverages;
amending Sections 5-66, 5-71, 5-72, 5-73, and 5-102 of the Salina Code and
repealing the existing sections.
These amendments are necessary to bring us into compliance with State Law.
These changes were requested by Gary Denning, Assistant City Attorney and
approved by L. O. Bengtson, City Attorney.
This ordinance was introduced for first reading on August 5, 1985.
COMMISS ION ACTION
MOTION BY SECOND BY
TO:
(Published in The Salina Journal August , 1985}
ORDINANCE NUMBER 85-9087
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF CERTAIN
SECTIONS OF CHAPTER 5 OF THE SALINA CODE RELATING TO THE LEGAL
AGE FOR THE CONSUMPTION OF CEREAL MALT BEVERAGE, THE SALE OF
CEREAL MALT BEVERAGES TO PERSONS UNDER THE LEGAL AGE FOR
CONSUMPTION OF CEREAL MALT BEVERAGES; AND AMENDING SECTIONS 5-66,
5-71, 5-72, 5-73, AND 5-102 OF THE SALINA CODE; AND REPEALING THE
EXISTING SECTIONS.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas;
Section 1. That Section 5-66 of The Salina Code is hereby amended to
read as follows:
"Section 5-66. Definitions.
As used in this article, the words and phrases herein
defined shall have the following meanings unless tile context
otherwise requires:
Cereal malt beverac~es means any fermented but
un'6'6-d~illed'~--r~quor brewed or made from malt or from a
mixture of malt / or malt substitute, but does not
include any such liquor which is more than three and
two-tenths (3.2) percent alcohol by weight.
(2} Licensee is a person who has a license as herein
required.
(3) Place of business shall mean any place at which cereal
ma--'~r~-b~'~e~'~-ges are sold.
(4) Retailer means any person who sells or offers for sale
any cereal malt beverage for use or consumption and
not for resale in any form.
(5) Wholesaler or Distributor shall mean individuals, firms,
copartnerships, corporations and associations which sell
or offer for sale any beverage referred to in this
article, to persons, copartnerships, corporations and
associations authorized by this article to sell cereal malt
beverages at retail.
(6)
Legal age for consumption of cereal malt beverage shall
be nineteen (19) for any person born before July 1,
1966 and twenty-one (21) for any person born after
July 1, 1966.
Section 2. That Section 5-71 of The Salina Code shall be amended to
read as follows:
"Section 5-71. Furnishinq to person under lec,]al ac~e.
No person shall permit a person under the legal age for
consumption of cereal malt beverage to consume or purchase
any cereal malt beverage in or about his or her place of
business."
of the Salina Code shall be amended to
Section
3.
That
Section
5-72
read as follows:
"Section 5-72. Misrepresenting acje.
No person under the legal age for consumption of cereal
malt beverage shall represent that he or she is of said age
for the purpose of asking for, purchasing or obtaining by
any means any cereal malt beverage from any person."
Section 4. That Section 5-73 of the Salina Code shall be amended to
read as follows:
"Section 5-73. Loiterin9 by persons under lec~ai age.
l';o person under .the legal age for consumption of cereal
malt beverage shall enter into or loiter about any place of
business selling cereal malt beverages; such restrictions
shall not apply to the premises of a retailer who sell cereal
malt beverages for consumption off his premises only, or to
places where the major income is from the sale of food for
consumption on the premises, or a .premise for which a
bowling alley ticense has been issued by the City for the
current year, or the Salina Bicentennial Center."
Section 5. That Section 5-702 of the Salina Code shall be amended to
read as follows:
"Section 5-102. Revocation; notice; c~rounds.
The 13oard of Commissioners, upon five (5) days notice
to persons holding any such license, shall revoke such
licenses for any one of the following reasons:
(1) If a licensee has fraudulently obtained the license by
giving false information in the application therefor;
(2) If the licensee has violated any of the provisions of
K.S.A. Chapter 41, Article 27, or of this article or any
other ordinance of the city prescribing rules or
regulations relating to cereal malt beverages as herein
defined;
(4)
If the licensee has become ineligible to obtain a license;
Drunkenness of the person holding such license or
permitting an intoxicated person to remain in such
place;
(5) The sale of cereal malt beverages to persons under the
lega! age for consumption of cereal malt beverages.
{6) The nonpayment of any license fees;
[7) For permitting any gambling in or upon such premises;
(8) For permitting any person to mix drinks with materials
purchased in such place of business or brought in for
this purpose, provicJed that this provision shall not
apply if such place of business or premises are also
currently licensed as a club;
(9) For the employment of any person below the legat age
for consumption of cereal malt beverages, except that a
person eighteen (18) years or older may be employed in
a capacity in which said employee may dispense and sell
cereal malt beverages if:
(a) The place of business is licensed only to sell
cereal malt beverages in original and unopened
containers and not for consumption on the
premises; or,
(b) the place of business is a licensed food service
establishment, as defined by Kansas Statutes
Annotated 36-501 and amendments thereto, and not
less than 50% of the gross receipts from the
licensee's place of business is derived from the
sale of food for consumption on the premises.
(10) For the employment of persons who have been adjudged
guilty of felony or of any violation of the intoxicating
liquor law;
(11) For purchasing or displaying a federal retail liquor tax
stamp, expiring after June 30, 1937, issued by the
United States Treasury Department, except where
issued for industrial, mechanical, scientific and
medicinal purposes;
{12) If any licensee whose principal business is the sale of
cereal malt beverage or "tap beer" shall permit persons
under the legal age for consuming cereal malt beverage
to toiter in his place of business;
(13) For the licensee to fail to display in a prominent place
at or near the e~trances to his place of business signs
stating that no person uncier the legal age for
consumption of cereal malt beverage shall be permitted
on the premises.
(14) For the sale or possession of or for permitting any
person to use or consume upon or in the premises
alcoholic liquor as Oefined by the laws of the state
relating thereto, provided that this provision shall not
apply if such place of business or premises are also
currently licensed as a club."
Section 6. That the existing Sections 5-66, 5-71, 5-72, 5-73 and 5-102
of The Salina Code are hereby repealed.
Section 7. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
Introduced: August 5, 1985,
Passed: August 12, 1985 i
[SEAL]
ATTEST:
Merle A. Hodges, M.D., Mayor
D. L. Harrison, City Clerk