06-10358 Affidavit of Publication
Following is a true and correct copy of Ordinance No.06-10358
together with proof of publication of the same.
(Published In The pertaining to the opera- violations during the pre-'
Salina Journal Lion or attempted opera- ceding three (3) years
September 30,2006) tion of a motor vehicle from the most recent al-
AFFIDAVIT ORDINANCE NUMBER
06'10358 while under the influence leged violation;
of intoxicating liquor or (2)Whether the violation
AN ORDINANCE drugs; was committed by the li-
AMENDING CHAPTER 5, (11)The sale or posses- censee,owner,manager
I Nicole Veatch being ARTICLE III, SECTION 5-
lion of,or permitting any or employee;
102 OF THE CODE OF THE person to use or con- (3) Whether the licen-
C11Y OF SALINA, KAN- sumo on the licensed see,owner, or manage-
dul sworn,declare that I am the Classified SAS, PERTAINING TO premises, any alcoholic ment took steps to avoid
} REVOCATION OR SUS- liquor; the violation, including
NSION OF CEREAL The licensee has but not limited to, train-
(12)
of THE SAUNA A JOURNAL,a daily news- LA AND BEVERAGE NG THE been convicted of a vio- ing and disciplinary poll-'
J } ES,AND REPEALING THE cies and practices.
lation of the beer and ce-
EXISTING SECTION 5-102. real malt beverage keg (e) The determination of I
BE IT ORDAINED BY registration act; any of the acts or omissions
paper published at Salina,Saline County,Kansas,and The GOVERNING BODY r reg There has been a listed In paragraphs (a)(1)
OF THE CITY OF SAUNA, violation of K.S.A. 21- 1 through (a)(16) of this sec-
KANSAS: 4106 or 21-4107, and '„lion and the resulting status
of general circulation in said county,which newspaper Section 1.That Chapter 5, amendments thereto, in of the license shall be made
Article III, Section 5-102 of or upon the licensee's by the city manager. The
the Code of the City of Sali- place of business; city manager shall render a
has been continuously and uninterruptedly published na, Kansas (the City') is (14) The failure to ds-
written decision citing the
hereby amended to read as play read a prominent reasons for such decision
follows: place at or near the en- within thirty (30) days after
for five consecutive years prior to first publication of at- "Sec. 5-102' License re trances to the place of the hearing.
y p p view; revocation, suspen- (f)Within twenty(20)days
Sion urea Initial ep business signs stating after any decision of the city
pr that no person under the
tacked notice,and that the attached pleal' legal age for consume manager revoking or sus-
(a) In accordance with Bev pending any license, the li-
K.S.A.41-2708,the board of age She tion of cereal l maalt lt bever-ed censee may appeal the city
Ordinance No.06-10358 commissioners shall cause ' on the premises; provid- manager's decision to the
to be revoked or suspended ed however, this reason board of commissioners by
a cereal malt beverage li- shall not apply to the filing a written appeal with
cense for the reasons set premises of a retailer the city clerk.Upon receiving
has been correctly published in said newspaper 1 forth .herein. The board of who sells cereal malt a written appeal, the board
commissioners delegates to -beverages for consume of commissioners shall re-
the city manager the authori- bev off the premises op- view the findings and rep-
times, the first publication given in ty to revoke or suspend a ce- ly, or to places Wh re sons for the decision of the
real malt beverage license the major income is i m city manager and conduct
consistently with the criteria the sale of food for ten- further hearings if it and s
the issue of September 30 2006. specified in subparagraph I' necessary. Within thirty (30)
p sumption on the prem-
(d). The suspension period ices, or a premise for days of receipt of the written
Skala sebe ven for a period not less which a bowling alley li- notice of appeal, the board
�) ` / I I n) f+ than seven(7),but no more of commissioners shall issue
Y 'fr C �k iltikt.�l i'\ tense has been issued
Y ff than thirty (30) calendar an order upholding, revers-
by the city or the current
days. The city manager year, or'the Salina Bi- ing, or modifying the deci-'
shall,upon five(5)days'no- centenr�riI Center; I, Sion of the city manager.Any
3� no-
tice to a retailer of cereal (15) E iployin Center;
any per- appeal taken from an order
Subscribed and sworn to before me,this malt beverages licensed un- son who has been re- of the city manager suspend-
der this division, conduct a fused a license to sell ing or revoking a license
day of Q
hearing to determine whelk- cereal malt beverages or shall not suspend the city
A.D.2006 er to revoke or suspend such alcoholic liquors or any manager's decision to,sus-
license for any one of the fol- person whose license to Pend or revoke the license
lowing reasons: during the pendency of the
sell cereal malt beverag-
es The licensee has es or alcoholic liquors II appeal to the board of corn-
. ` 1_ _ fraudulently obtained the com-
missioners."
has been revoked within
— Iicense by giving false the six (6) months of Section 2.That the exist-
Notary Public information in the appli- such refusal or revoca ing Section 5-102, of Chap-
cation thereof; ter 5, Article III of the Code
tion;or
(2)The licensee has vio- (16) Commission by the of the City of Salina,Kansas
lated the provisions of is hereby repealed.
K.S.A. 41-2701 et seq., licensee or rson'see,or Section 3. That this ordi-
or this article and by such person's man-
amendments thereto, or agar or employee in the Hance shall be in full force
any other ordinance of course of their duties,of and effect from and after its
the city prescribing rules any violation of the pro- adoption and publication
NOTARY PUBLIC-State of Kansas or regulations relating to visions or requirements once in the official city news-
= cereal malt beverages of this chapter,or of the paper.
VYENt�Y CHROBAK as herein defined; provisions of the Kansas
�• Liquor Control Act, or of
�_t�" My Appt.Exp.$? .- - (3)The licensee has be- q nfrcduced:Sept.18.2006
�.- ----• - come ineligible to obtain any provisions of the Passed:Sept.25,2006
a license; Beer and Cereal Malt
4 Drunkenness of the Beverage Keg Registra- Donnie D.Marrs,Mayor
( ) tion Act, or any other
licensee or permitting state law or ordinance of [SEAL]
any Intoxicated person the city relating to cereal
to remain in or upon the malt beverages or alco- ATTEST:
licensee's place of busi- holic liquor. 'Lieu Ann Elsey
Hess; (b)The provisions of para- I CMC,City Clerk (1t)
(5) The sale of cereal graphs (a)(8) and (a)(11)
malt beverages to any shall not apply if the place of
person under the legal business or premises also
age for consumption of are currently licensed as a
cereal malt beverage; club or drinking establish-
(6) The nonpayment of ment pursuant to the club
any license fees; and drinking establishment
(7) Permitting any gam- act.
bung in or upon the li- (c) A licensee shall be
censee's place of busi- deemed to be responsible
Hess; for any act or conduct of any
(8) Permitting any per- empl the premi
oyee on premises
son to mix drinks with that is in violation of state
materials purchased in law or of the ordinances o
or upon the place of the city, if such license-
business or brought in knew or should have know
for that purpose; or had actual or constructiv-
(9) The employment of knowledge of such unlawfu
persons under eighteen act or conduct of such em.
(18)years of age in dis- ployee,and as such the un
pending or selling cereal lawful act of conduct of suc
malt beverages; employee can be attribute.
(10)The employment or to the licensee for purpose-
continuation in employ- of considering whether to re
merit of a person in con- yoke or suspend a license is
nection with the sale, sued under this division.
serving or dispensing of (d) In determining whethe
cereal matt beverages if to revoke or suspend the li
the licensee knows such cense or in determining the
person has been, within length of a suspension, the
the preceding two years, city manager shall conside
adjudged guilty of a fel- the facts as presented, t•
ony or of any violation of gather with any matters •
the intoxicating liquor mitigation, extenuation, an.
laws of the or city,1
the state, aggravation, including- b t
another state or the Unit- not limited to:
ed States,including laws (1) The number of pa-t