10 License Cereal Malt Beverage CHARTER ORD I NANCE NUMBER 10
(First Published in The Salina Journal ~0 , 1974)
A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS, FROM THE PROVISIONS OF
K.S.A. 41-2702, WHICH PFOVIDES IT TO BE UNLAWFUL TO SELL CEREAL MALT BEVERAGES AT RETAIL
WITHOUT FIRST SECURING ~ LICENSE THEREFOR AND ESTABLISHING THE PROCEDURE AND LICENSE FEES
THEREFOR; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.
BE IT ORDAINE[' by the Governing Body of the City of Salina, Kansas:
Section 1. That the City of Salina, Kansas, a City of the First Class by the
powers vested in it by ~rticle 12, Chapter 5 of the Constitution of the State of Kansas,
hereby elects to and doe exempt itself from and makes inapplicable to it the provisions of
K.S.A. 41-2702 and provi es substitute and additional provisions on the same subject as
follows, to-wit:
"41-2702. Licenses; application to city or county; railway cars;
~ notice to township; renewals; forms; fees; disposition
of moneys.
No pierson shall sell any cereal malt beverage at retail without
having fi 'st secured a license for each place of business as herein provided.
In case s~ch place of business is located within the corporate limits of a
city then the application for license shall be made to the governing body
of such c'ty. In all other cases the application for license shall be made
to the bo~ rd of county commissioners in the county in which such place of
business's to be located, except that the application for license to sell
on rai Iwa~ cars shall be made to the director of taxation as hereinafter
provided./ The board of county commissioners in any county shall not issue
a l icense~without giving the clerk of the township board in the township
where the/applicant desires to locate, written notice by registered mail,
of the fi~ing of said application. The township board may within ten (10)
days file~advisory recommendations as to the granting of such license and
such advisory recommendations shall be considered by said board of coUnty
_- commissioners before such license is issued: Provided, That if such license
be grante~l and issued said board of county commissioners shall grant and
issue renewals thereof upon application of the license holder, if he be
qualifiedjto receive the same and unless such license be revoked as provided
by law.' Aqd provided further, That said board of county commissioners shall
notify the township board of all applications for renewals and said township
board may within ten (10) days file advisory recommendations as to the
renewal of such licenses or the refusal thereof with said board of county
commissiorers andsuch advisory recommendations shall be considered by said
board of ounty commissioners before any such renewal is granted. The
applicati n shall be verified and upon a form prepared by the attorney
general o the state and shall contain: (a) The name and residence of the
applicant and how long he has resided within the State of Kansas; (b) the
particula~ 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) a statement
that the ~plicant is a citizen of the United States and not less than
twenty-one (21) years of age and that he has not within two(2) years
immediate ~ preceding the date of making application been convicted of a
felony or any crime involving moral turpitude, or been adjudged guilty of
drunkenne.~ s, or driving a motor vehicle while under the infulence of
intoxicating liquor or the violations of any other intoxicating liquor law
of any stale or of the United States.
~ Such application shall be accompanied by a fee of not less than twenty-
i five dollars ($25.00) nor more than three hundred dollars ($300.00) as may be
k prescribed by the board of county commissioners or the governing body of the
city, as tae case may be, except in counties that have a population in excess
of one hundred sixty-five thousand (165,000) persons, such application shall
be accompalpied by a fee of not less than twenty-five dollars ($25.00) nor
more than ~wo hundred dollars ($200.00) as may be prescribed by the board of
county commissioners or the governing body of the city, as the case may be,
except tha~t an application for a license to sell on railway cars shall be
accompaniei by a fee of one hundred dollars ($100.00). All license fees
collected y the director of taxation shall be paid into the state treasury
and the state treasurer shall credit ninety percent (90%) of the same to the
general fuI~d of the state and the remaining ten percent (10%) he shall
credit to ~he revenue administration fee fund.
The ~oard of county commissioners of the several counties or the
governing body of a city shall issue a license upon application duly made
as otherw se provided for herein, to any person engaged in business in
said coun~ty or city and qualified to receive said license, to sell only
at retail cereal malt beverages in original and unopened containers, and
not for c,~nsumption on the premises. Said license fee to be not less than
twenty-fi ~e dollars ($25.00) nor more than one hundred fifty dollars
($150.00) per year. No license issued under this act shall be transferable]"
Section 2. This ordinance shall be published once a week for two consecutive
/
weeks in The Salina Journal, the official city newspaper.
Section 3. Th s is a Charter Ordinance and shall take effect sixty-one (61) days
after final publication ~nless a sufficient petition is fi led and a referendum held on the
ordinance as provided in Article 12, Section 5, Subdivision (c) of the Constitution of
Kansas, in which case the ordinance shall become effective if approved by a majority of the
electors voting thereon.i
Adopted by. the. Governing Body by not less than two-thirds of the members elect
voting in favor thereof ~nd approved by the Mayor this 9th day of December, 1974.
W. M. Usher, Mayor
(SEAL)
Attest: ·
City Clerk
The foregoing Charter Ordinance Number l0 was passed,on the
9th day of December, 1974, as shown by the Journal of Proceedings
Number 25, Page 287, by a vote of five for and zero against, being not
less than wo-thirds of the members elect of the Governing Body, published
in the Sal na Journal, the official city newspaper on the 13th day of
December, 1974, and on the 20th day of December 1974 being once a week
for two cohsecutive weeks, and there being no petition demanding a
referendumifiled with the City Clerk within sixty days after the final
publication, said Charter Ordinance took effect on the 19th day of
February, i
11975.
D. L. Harrison, City Clerk