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8.5 Consumption of Alcoholic Liquor in Public PlacesCITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 6/3/2013 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 8 BY: N/A ITEM CITY CLERK'S OFFICE FINAL APPROVAL: NO: 5 Page 1 BY: Lieu Ann Elsey BY: JAG ITEM: Charter Ordinance No. 37 Second reading of Charter Ordinance No. 37 repealing Charter Ordinance No. 14 that exempted the City from provisions of K.S.A. 41 -719 pertaining to consumption of alcoholic liquor in public places. BACKGROUND: Charter Ordinance No. 37 was passed on first reading on May 20, 2013. Since that time no comments have been received. RECOMMENDED ACTION: Adopt on second reading Charter Ordinance No. 37. CHARTER ORDINANCE NUMBER 37 A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NUMBER 14 THAT EXEMPTED THE CITY FROM THE PROVISIONS OF K.S.A. 41 -719 PERTAINING TO CONSUMPTION OF ALCOHOLIC LIQUOR IN PUBLIC PLACES. WHEREAS, on October 10, 1977, the Governing Body adopted Charter Ordinance Number 14, which exempted the City of Salina from K.S.A. 41 -719; WHEREAS, the state legislature has since amended K.S.A. 41 -719 to apply uniformly to all cities across Kansas, thereby superseding Charter Ordinance I4; WHEREAS, the purpose of Charter Ordinance 14, namely to permit consumption of alcoholic liquor upon public streets and public property, is accomplished through the current version of K.S.A. 41 -719 and amendments to Chapter 5 of the Salina Code.. SO, NOW THEREFORE, BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. Repeal. City of Salina Charter Ordinance Number 14 is hereby repealed. Section 2. Publication. This Charter Ordinance shall be published once a week for two consecutive weeks in The Salina Journal, the official city newspaper. Section 3. Effective date. This Charter Ordinance shall take effect 60 days after final publication, unless a sufficient petition is filed and a referendum held on the ordinance as provided in Article 12; Section 5(c) of the Kansas Constitution, in which case the ordnance shall become elfective upon approval by a majority of the electors voting. thereon. Passed by the Governing Body by not less than two - thirds of the members elect voting in favor thereon. Introduced: May 20, 2013 Passed: June 3, 2013 Barbara V. Shirley, Mayor [SEAL] ATTEST: Lieu Ann Elsey, CMC, City Clerk