10-10574 Alcohol(Published in the Salina Journal on October 8, 2010.)
ORDINANCE NUMBER 10-10574
AN ORDINANCE AMENDING CHAPTER 5, ARTICLE I, OF THE SALINA CODE TO
INCORPORATE STATE LAW CHANGES REGARDING CONSUMPTION OF ALCOHOL BY
MINORS AND HOSTING OF MINORS; AMENDING CHAPTER 5, DIVISION 2, ARTICLE 11,
OF THE SALINA CODE BY AMENDING SECTION 5-38 REGARDING RETAILER'S
LICENSE DURATION AND OCCUPATION TAX, AND BY AMENDING CHAPTER 5,
ARTICLE IV IN ITS ENTIRETY TO INCORPORATE STATE LAW CHANGES TO CLUB
AND DRINKING ESTABLISHMENT DEFINITIONS, LICENSING PROCEDURES, AND TO
REORGANIZE ARTICLE IV TO COMBINE CLUB AND DRINKING ESTABLISHMENT
PROVISIONS; AND REPEALING SECTIONS, 25-81, 25-82, 5-51 THROUGH 5-53, 5-71, AND
CHAPTER 5, DIVISION III, ARTICLE IV "DRINKING ESTABLISHMENTS, AND
REPEALING THE PREVIOUS SECTIONS IN CONFLICT HEREWITH.
WHEREAS, it is necessary that the Governing Body, by ordinance, amend Chapter 5, Article I, of
the Salina Code to incorporate state law changes regarding consumption of alcohol by minors and hosting
of minors' amend Chapter 5, Division 2, Article Il of the Salina Code by amending section 5-38 regarding
retailer's license duration and occupation tax, and amend Chapter 5, Article IV in its entirety to
incorporate state law changes to club and drinking establishment definitions and licensing procedures, and
to reorganize Article IV to combine club and drinking establishment provisions; and repeal sections, 25-
81, 25-82, 5-51 through 5-53, 5-71, and Chapter 5, Division 3, Article IV "Drinking Establishments," and
repealing the previous sections in conflict herewith. SO NOW THEREFORE,
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Chapter 5, Article I is hereby amended as follows:
"ARTICLE I. IN GENERAI.
Sec. 5.1. Possession or consumption of alcoholic beverage by minor.
(a) Except with regard to serving of alcoholic liquor or cereal malt beverage as permitted by state law,
and subject to any rules and regulations adopted pursuant to such laws, no person under 21 years
of age shall possess, consume, obtain, purchase or attempt to obtain or purchase alcoholic liquor
or cereal malt beverage except as authorized by law.
(b) Violation of this section is a class C misdemeanor for which the minimum fine is $200.
(c) In addition to any other penalty provided for a violation of this section:
(1) The court may order the offender to do either or both of the following:
a. Perform 40 hours of community service; or
b. Attend and satisfactorily complete a suitable educational or training program dealing with
the effects of alcohol or other chemical substances when ingested by humans.
(2) Upon a first conviction of a violation of this section, the court shall order the division of
vehicles to suspend the driving privilege of such offender for 30 days.
(3) Upon a second conviction of a violation of this section, the court shall order the division of
vehicles to suspend the driving privilege of such offender for 90 days.
(4) Upon a third conviction of a violation of this section, the court shall order the division of
vehicles to suspend the driving privilege of such offender for one year.
(d) This section shall not apply to the possession and consumption of cereal malt beverage by a person
under the legal age for consumption of cereal malt beverage when such possession and consumption
is permitted and supervised, and such beverage is furnished, by the person's parent or legal guardian.
(e) A law enforcement officer may request a person under 21 years of age to submit to a preliminary
screening test of the person's breath to determine if -alcohol has been consumed by such person if
the officer has reasonable grounds to believe that the person has alcohol in the person's body
except that, if the officer has reasonable grounds to believe the person has been operating or
attempting to operate a vehicle under the influence of alcohol, the provisions of K.S.A. 8-1012,
and amendments thereto, shall apply. No waiting period shall apply to the use of a preliminary
breath test under this subsection. If the person submits to the lest, the results shall be used for the
purpose of assisting law enforcement officers in determining whether an arrest should be made for
violation of this section. A law enforcement officer may arrest a person based in whole or in part
upon the results of a preliminary screening test. Such results or a refusal to submit to a
preliminary breath test shall be admissible in court in any criminal action, but are not per se proof
that the person has violated this section. The person may present to the court evidence to establish
the positive preliminary screening test was not the result of a violation of this section.
Sec. 5-2. Furnishing to minors prohibited, exceptions, penalties.
(a) Furnishing alcoholic liquor or cereal malt beverage to a minor is recklessly, directly or indirectly,
buying for or distributing any alcoholic liquor or cereal malt beverage to any minor.
(b) Furnishing alcoholic liquor or cereal malt beverage to a minor is a class B person misdemeanor,
z for which the minimum fine is $200.
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(c) As used in this section, terms mean the same as in K.S.A. 41-102, 41-2601 and 41-2701, and
$ amendments thereto.
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' o (d) This section shall not apply to wine intended for use and used by any church or religious
organization for sacramental purposes.
(e) It shall be a defense to a prosecution under subsection (a) if:
(1) The defendant is a licensed retailer, club, drinking establishment or caterer or holds a
temporary permit, or an employee thereof;
(2) the defendant sold the alcoholic liquor or cereal malt beverage to the minor with reasonable
cause to believe that the minor was 21 or more years of age or of legal age for the
consumption of alcoholic liquor or cereal malt beverage; and
(3) to purchase the alcoholic liquor or cereal malt beverage, the person exhibited to the defendant
a driver's license, Kansas nondriver's identification card or other official or apparently official
document, that reasonably appears to contain a photograph of the minor and purporting to
establish that such minor was 21 or more years of age or of legal age for the consumption of
alcoholic liquor or cereal malt beverage.
(t) Subsection (a) shall not apply to the furnishing of cereal malt beverage by a parent or legal
guardian to such parent's child or such guardian's ward when such furnishing is permitted and
supervised by the child or ward's parent or legal guardian.
Section 2. That Chapter 5, Division 2, Article It, Section 5-38 is amended as follows:
Sec. 5-38. Retailer's license tax levied.
Sec. 5-3. Permitting consumption by minors, exceptions, penalties.
(a) No licensee or permit holder, or any owner, officer or employee thereof, shall knowingly or
unknowingly permit the possession or consumption of alcoholic liquor or cereal malt beverage by a
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minor on premises where alcoholic beverages are sold by such licensee, except that a licensee's
employee who is not less than 18 years of age may serve alcoholic liquor or cereal malt beverage
under the on -premises supervision of the licensee or permit holder, or an employee who is 21 years
of age or older.
(b) As used in this section, terms have the meanings provided by this Chapter.
(c) Violation of this section is a misdemeanor punishable by a fine of not Tess than $100 and not more
than $250 or imprisonment not exceeding 30 days, or both.
(d) It shall be a defense to a prosecution under this section if:
(1) The defendant permitted the minor to possess or consume the alcoholic liquor or cereal malt
beverage with reasonable cause to believe that the minor was 21 or more years of age; and
(2) to possess or consume the alcoholic liquor or cereal malt beverage, the minor
(3) exhibited to the defendant a driver's license, Kansas nondriver's identification card or other
official or apparently official document that reasonably appears to contain a photograph of the
minor and purporting to establish that such minor was 21 or more years of age.
Sec. 5-4. Unlawful hosting minors consuming alcoholic liquor or cereal malt beverage.
(a) Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is intentionally or
recklessly permitting a person's residence or any land, building, structure or room owned,
occupied or procured by such person to be used by an invitee of such person or an invitee of such
person's child or ward, .in a manner that results in the possession or consumption therein of
alcoholic liquor or cereal malt beverages by a minor.
(b) Unlawfully hosting minors consuming alcoholic liquor or cereal malt -beverage is a class
A person misdemeanor, for which the minimum fine is $1,000. If the court sentences the offender
to perform community or public service work as a condition of probation, the court shall consider
ordering the offender to serve the community or public service at an alcohol treatment facility."
Section 2. That Chapter 5, Division 2, Article It, Section 5-38 is amended as follows:
Sec. 5-38. Retailer's license tax levied.
(a) Occupation or License Tax. There is hereby levied a biennial occupation or -license tax on each
retailer of alcoholic liquor (including beer containing more than three and two-tenths (3.2) percent
of alcohol by weight) for consumption off the premises (sales in original package only) in the sum
of six hundred dollars ($600.00) in the city, who has a retailer's license issued by the state director
of alcoholic beverage control, which tax shall be paid before business is begun under an original
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state license and within ten (10) days after any renewal of a state license.
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(b) Installment Payments. The applicant may elect to pay the biennial occupation or license tax in two
installments in accordance with K.S.A. 41-317 as amended. Refunds of the tax due to an un -used
o portion of the second year of the state license may be provided in accordance with K.S.A. 41-326 as
amended.
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Section 3. That Chapter 5, Article IV is hereby amended as follows
"ARTICLE IV. PRIVATE CLUBS AND DRINKING ESTABLISHMENTS
DIVISION 1. GENERALLY
Sec. 5-116. Definitions.
The following words and phrases, when used in this article, shall have the meanings respectively
ascribed to them:
(a) Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted,
whatever its origin, and includes synthetic ethyl alcohol but does not include denatured
alcohol or wood alcohol.
(b) Alcoholic liquor means alcohol, spirits, wine, beer and every liquid or solid, patented or not,
containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a
human being, but shall not include any cereal malt beverage.
(c) Beer means a beverage, containing more than 3.2% alcohol by weight, obtained by alcoholic
fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and
includes beer, ale, stout, lager beer, porter and similar beverages having such alcoholic
content.
(d) Cereal malt beverage has the meaning provided by K.S.A. 41-2701, and amendments thereto.
(e) Club has the meaning provided by K.S.A. 41-2601, and amendments thereto.
(f) Domestic beer means beer which contains not more than 8% alcohol by weight and which is
manufactured in this state.
(g)
Domestic fortified wine means wine which contains more than 14%, but not more than 20%
alcohol by volume and which is manufactured in this state without rectification.
(h)
Domestic table wine means wine which contains not more than 14% alcohol by volume and
which is manufactured without rectification or fortification in this state.
(i)
Drinking establishment has the meaning provided by K.S.A. 41-2601 and amendments thereto.
Q)
Minor means any person under 21 years of age.
(k)
Municipal Corporation means the governing body of any county or city.
(1)
Original package means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other
receptacle or container whatsoever, used, corked or capped, sealed and labeled by the
manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor. Original
container does not include a sleeve.
(m)
Person means any natural person, firm, corporation, partnership, trust or association.
(n)
Restaurant means a licensed food service establishment, as defined by K.S.A. 36-501 and
amendments thereto, which, as determined by the director, derives not less than fifty percent of
its gross receipts in each calendar year from the sale of food for consumption on the club
premises.
(o)
Sale means any transfer, exchange or barter in any manner or by any means whatsoever for a
consideration and includes all sales made by any person, whether principal, proprietor, agent,
servant or employee.
(p)
Salesperson means any natural person who:
(1) Procures or seeks to procure an order, bargain, contract or agreement for the sale of
alcoholic liquor or cereal malt beverage; or
(2) is engaged in promoting the sale of alcoholic liquor or cereal malt beverage, or in promoting
the business of any person, firm or corporation engaged in the manufacturing and selling of
alcoholic liquor or cereal malt beverage, whether the seller resides within the state of Kansas
and sells to licensed buyers within the state of Kansas, or whether the seller resides without
the state of Kansas and sells to licensed buyers within the state of Kansas.
w (q) (1) Sell at retail and sale at retail refer to and mean sales for use or consumption and not for
resale in any form and sales to clubs, licensed drinking establishments, licensed caterers
or holders of temporary permits.
(2) Sell at retail and sale at retail do not refer to or mean sales by a distributor, a
microbrewery, a farm winery, a licensed club, a licensed drinking establishment, a
licensed caterer or a holder of a temporary permit.
(r) To sell includes to solicit or receive an order for, to keep or expose for sale and to keep with
intent to sell.
(s) Spirits means any beverage which contains alcohol obtained by distillation, mixed with water or
other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors,
and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
(t) .Supplier means a manufacturer of alcoholic liquor or cereal malt beverage or an agent of such
manufacturer, other than a salesperson.
(u) Wine means any alcoholic beverage obtained by the normal alcoholic fermentation of the juice
of sound, ripe grapes, fruits, berries or other agricultural products, including such beverages
containing added alcohol or spirits or containing sugar added for the purpose of correcting
natural deficiencies.
Sec. 5-117. Class "A" club.
A class "A" club shall be a premises owned or leased and operated by a corporation, partnership,
business trust, or association for the exclusive use of the corporate stockholders, partners, trust
beneficiaries or associates (hereinafter referred to as members), their families and invited and
accompanied guests, and which is not operated for a profit other than such as would accrue to the entire
membership. A corporation, partnership, business, trust, or association not operated for a profit, for the
IIpurposes of the definition of a class "A" club shall only include such a corporation, partnership, business
trust, or association which has been determined by the state director of alcoholic beverage control to be
a bona fide nonprofit social, fraternal or war veterans club.
Sec. 5-118. Class "B" club.
A class 'B" club shall consist of a premises operated for profit by a corporation, partnership or individual,
known as the management, to which premises the management allows persons, known as members, to
resort for the consumption of food or alcoholic beverages and for entertainment. As a prerequisite for
attaining membership the management must screen the applicants for good moral character. No
membership may be granted within ten (10) days of the application therefore. Each membership must be
renewable annually upon payment of the annual dues of at least ten dollars ($10.00); provided, however,
any class "B" club located on the premises of a hotel as defined in K.S.A. 36-501 may establish rules
whereby guests registered at the hotel, who are not residents of the county in which the club is located,
may file application for temporary membership in the club, which membership, if granted, shall only be
valid for the period of time they are a bona fide registered guest at the hotel. Such temporary membership
shall not be subject to the waiting period or dues requirement contained in this section.
Sec. 5-119. Consumption of alcoholic liquor authorized.
(a) The consumption of alcoholic liquor by any person twenty-one (2 1) years of age or over shall be
authorized in this city:
(1) Upon private property by those occupying such private property as an owner or as -the lessee
of an owner and by the guests of the owner or lessee provided that no charge is made by the
owner or lessee for the serving or mixing of any drink or drinks of alcoholic liquor or for
any substance comixed with any alcoholic liquor; and if no sale of alcoholic liquor in
violation of K.S.A. 41-803 takes place on such private property;
(2) At a club or drinking establishment licensed by the City and by the state alcoholic beverage
control board;
(3) In a lodging room of any hotel, motel or boarding house by the occupant of the lodging
room or the occupant's guests provided the occupant is not engaged in a sale of liquor in
violation of K.S.A. 41-803; and if the occupant makes no charge for serving or mixing any
drink or drinks of alcoholic liquor, or for any substance comixed with any alcoholic liquor;
(4) In a private dining room of a hotel, motel or restaurant when the dining room is rented or
made available on a special occasion to an individual or organization for a private party and
if no sale or alcoholic liquor in violation of K.S.A. 41-803 takes place at the private party.
(b) The consumption of alcoholic liquor at any place other than that provided in this section shall be
deemed to be the consumption of alcoholic liquor in a place in which the general public has
access.
Sec. 5-120. Responsibility for violations on property; abatement.
(a) Any person allowing consumption of alcoholic liquor in violation of this article on any property
w owned, leased or otherwise under his control shall, upon conviction, be deemed guilty of a
misdemeanor.
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(b) The property on which the violation takes place is declared to be a common nuisance and as such is
subject to abatement as provided for any other liquor nuisance in K.S.A. 41-805.
Sec. 5-121. Regulations governing licensee.
(a) It shall be unlawful for a club or drinking establishment licensee:
(1) To employ any person under the age of twenty-one (2 1) years in connection with the
dispensing, of alcoholic liquor or the mixing of drinks containing alcoholic liquor;
(2) To employ knowingly or continue in employment any person in connection with the
dispensing or serving of alcoholic liquor or the inixing of drinks containing alcoholic liquor
who has been adjudged guilty of a felony or of any.crime involving a morals charge in this or
any other state, or of the United States. For the.purposes of this subsection, the term "morals
charge" shall include those charges involving prostitution, procuring any person, soliciting of a
child under eighteen (18) for any immoral act involving sex, possession or sale of narcotics,
marijuana, amphetamines or barbiturates, rape, incest, gambling, illegal cohabitation, adultery,
bigamy, or crimes against nature;
(3). To employ knowingly or to continue in employment any person in connection with the
dispensing or serving of alcoholic liquor or the mixing of drinks containing alcoholic liquor who
has been adjudged guilty of a violation of any intoxicating liquor law of this or any other state,
or of the United States, during the two (2) year period immediately following such adjudging;
(4) Ih the case of a club, to fail to maintain at the licensed premises a current list of all club
members and their residence addresses; or to refuse to allow the city attorney or any
authorized agents or any police or peace officer to inspect the current list of the members of
the club;
(5) To purchase alcoholic liquor from any person except from a person holding a valid license to
sell alcoholic liquor at retail.
(6) Permit any employee of the licensee who is under the age of 21 years of age to work on the
premises where alcoholic liquor is sold by such licensee at any time when not under the on -
premises supervision of either the licensee, or an employee who is 21 years of age or over;
(7) Employ any person under the age of 18 years of age in connection with the serving of
alcoholic liquor.
(b) Cereal malt beverages may be sold on premises licensed for the retail sale of cereal malt beverages
for on -premises consumption at any time when alcoholic liquor is allowed by law to be served on
the premises.
Sec. 5-122. Right of inspection by city.
The right of immediate entry to and inspection of any premises licensed as a club or drinking
establishment, or any premises subject to the control of any licensee, by any duly authorized officer or
agent of' the City, or by any law enforcement officer, shall be a condition on which every license is
issued, and the application for, and acceptance of, any license shall conclusively be deemed to be the
consent of the applicant and licensee to such immediate entry and inspection. Such right of immediate
entry and inspection shall be at any time when the premises are occupied and is not limited to hours
when the club or drinking establishment is open for business. Such consent shall not be revocable during
the term of the license. Refusal of such entry shall be grounds for revocation of the license. The city
attorney shall immediately report such refusal to the state director of alcoholic beverage control.
Sec. 5-123. Hours of operation.
(a) No club or drinking establishment shall allow the serving, mixing or consumption of alcoholic
liquor on its premises between the hours of 2:00 a.m. and 9:00 a.m. on any day.
(b) No caterer shall allow the serving, mixing or consumption of alcoholic liquor between the hours of
2:00 a.m. and 6:00 a.m. on any day at an event catered by such caterer.
Sec. 5-124. Search of nonlicensed clubs.
The existence of any place for which a license has not been issued pursuant to this article and which
purports, or is held out to the public or to any person by the proprietors or their agents or employees, to
be a place where alcoholic liquor is sold by the individual drink, shall be deemed to be sufficient
probable cause for any judge of the district court to issue a search warrant to any law enforcement
officer of the state or a subdivision of the state for the purpose of searching such place for alcoholic
Sec. 5-138. Applicant to have state license.
A holder of a license for a club or drinking establishment in the city issued by the state director of
alcoholic beverage control shall present such license when applying to pay the license tax levied in
section 5-139 and the tax shall be received and receipt issued for the period covered by the state license
by the city clerk.
See. 5-139. License tax levied.
(a) Club License Tax. There is hereby levied a biennial occupation or license tax on each operator of
a club in the amount of five hundred dollars ($500.00), who has a club license issued by the state
director of alcoholic beverage control, which tax shall be paid before business is begun under an
original state license and within ten (10) days after any renewal of the state license.
(b) Drinking Establishment License Tax. There is hereby levied an annual occupation or license tax
in the amount of two hundred fifty dollars ($250.00) on each drinking establishment located in the
city which has a drinking establishment license issued by the state director of alcoholic beverage
control, before business is begun under an original state license and within ten (10) days after any
renewal of a state license. Effective July 1, 2011, the occupation or license fee shall be bienniel in
the amount of five hundred dollars ($500.00) ons, each drinking establishment located in the city
which has a drinking establishment license issued by the state director of alcoholic beverage
control, before the business is begun under an original state license and within ten (10) days after
any renewal of a state license.
(c) Installment Payments. The applicant may elect to pay the biennial occupation or license tax in
two installments in accordance with K.S.A. 41-2606 as amended. Refunds for the second year of
the tax due to an un -used portion of"the second year of the state license may be provided in
accordance with K.S.A. 41-2607 and K.S.A. 41-2629 as amended.
Sec. 5-140. Restrictions barring issuance.
No club or drinking establishment license shall be issued under the provisions of this article to:
(1) An applicant for a club or drinking establishment unless the applicant meets the State of
Kansas qualifications for a club or drinking establishment as set forth in Chapter 41, of the
Kansas Statutes Annotated.
(2) To an applicant for a club or drinking establishment that is not a resident of the county.
Sec. 5-141. Reserved.
Sec. 5-142. Application to one premises.
The license provided in this division shall be issued forone (1) particular premises which shall be stated
in the application and in the license.
Sec. 5-143. Transferability.
A club or drinking establishment license issued under this chapter shall be transferable only if the
following conditions are met:
(a) Ownership. The ownership must not have transferred from one (I) person to another or to any
firm, partnership or corporation, containing members not included in the membership of the
original applicant; and
(b) Name. The name of the business must remain the same, with no additions or deletions; and
liquor being sold, possessed or consumed in violation of this act, any other law of the state or any
ordinance of a municipal subdivision of the state.
DIVISION 2. LICENSE
Sec. 5-136. License required.
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It shall be unlawful for any individual, firm, copartnership, corporation or association, either as
principal, officer, agent, servant or employee, to conduct, pursue, carry on and operate in the city a club
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or drinking establishment without having first paid to the city clerk the license fee hereinafter provided
and having procured a license from the city. The license period shall extend for the period covered by
the state license
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Sec. 5-137. Application.
(a) Any person desiring a license or the renewal of a license under this division shall make application
to the city clerk and accompany the application 'with the required license fee for each place of
business for which the person desires the license. The application shall be on such form and
contain such information as required by the city.
(b) All applications for new or renewal city licenses shall be submitted to the city clerk. Upon
presentation of a state license, payment of the city license fee and the license application, the city
clerk shall issue a city license for the period covered by the state license, if there are no conflicts
with any zoning or alcoholic beverage ordinances of the city and if the requirements contained in
this Article are met.
Sec. 5-138. Applicant to have state license.
A holder of a license for a club or drinking establishment in the city issued by the state director of
alcoholic beverage control shall present such license when applying to pay the license tax levied in
section 5-139 and the tax shall be received and receipt issued for the period covered by the state license
by the city clerk.
See. 5-139. License tax levied.
(a) Club License Tax. There is hereby levied a biennial occupation or license tax on each operator of
a club in the amount of five hundred dollars ($500.00), who has a club license issued by the state
director of alcoholic beverage control, which tax shall be paid before business is begun under an
original state license and within ten (10) days after any renewal of the state license.
(b) Drinking Establishment License Tax. There is hereby levied an annual occupation or license tax
in the amount of two hundred fifty dollars ($250.00) on each drinking establishment located in the
city which has a drinking establishment license issued by the state director of alcoholic beverage
control, before business is begun under an original state license and within ten (10) days after any
renewal of a state license. Effective July 1, 2011, the occupation or license fee shall be bienniel in
the amount of five hundred dollars ($500.00) ons, each drinking establishment located in the city
which has a drinking establishment license issued by the state director of alcoholic beverage
control, before the business is begun under an original state license and within ten (10) days after
any renewal of a state license.
(c) Installment Payments. The applicant may elect to pay the biennial occupation or license tax in
two installments in accordance with K.S.A. 41-2606 as amended. Refunds for the second year of
the tax due to an un -used portion of"the second year of the state license may be provided in
accordance with K.S.A. 41-2607 and K.S.A. 41-2629 as amended.
Sec. 5-140. Restrictions barring issuance.
No club or drinking establishment license shall be issued under the provisions of this article to:
(1) An applicant for a club or drinking establishment unless the applicant meets the State of
Kansas qualifications for a club or drinking establishment as set forth in Chapter 41, of the
Kansas Statutes Annotated.
(2) To an applicant for a club or drinking establishment that is not a resident of the county.
Sec. 5-141. Reserved.
Sec. 5-142. Application to one premises.
The license provided in this division shall be issued forone (1) particular premises which shall be stated
in the application and in the license.
Sec. 5-143. Transferability.
A club or drinking establishment license issued under this chapter shall be transferable only if the
following conditions are met:
(a) Ownership. The ownership must not have transferred from one (I) person to another or to any
firm, partnership or corporation, containing members not included in the membership of the
original applicant; and
(b) Name. The name of the business must remain the same, with no additions or deletions; and
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(c) • Location. The new location meets current zoning requirements.
If one (1) or more of the conditions are not met, the applicant must apply for a new license and pay the
applicable fee.
See. 5-144. Posting.
w A license issued under this division shall be kept posted in plain view next to or below the state license
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in a conspicuous place on the licensed premises
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Sec. 5-145. Contents of license.
The license issued under this division shall state the name of the licensee, the location of the place of
business for which the license is issued, the period for which it is issued, and that it is subject to
revocation in the manner provided by law and by this division.
Sec. 5-146. Suspension or revocation.
The governing body, or its designee, shall immediately revoke the license of any licensee whenever the
state license of the licensee is revoked by the state for any reason.
The governing body, or its designee, upon five (5) days' written notice to the person holding such
license to sell alcoholic liquor, may permanently revoke or cause to be suspended for a period of not
more than thirty (30) days the license of any licensee for any one (1) or more of the following reasons:
(1) The licensee has fraudulently obtained the license by giving false information in the
application therefore or any hearing thereon;
(2) The licensee has violated any of the provisions of K.S.A. chapter 41, article 26, or any
ordinance of the city prescribing rules or regulations relating to the operation of clubs or
drinking establishments;
(3) The licensee has become ineligible to obtain a license;
(4) Drunkenness of the licensee's manager or employee while on duty, or the licensee , its
manager or employee has permitted any disorderly person to remain in the licensed
premises, or for a licensee, whose manager or employee permits any intoxicated person to
remain in such place selling alcoholic liquor;
(5) Violation on the premises of any provision of the laws of this state, or of the United States,
pertaining to the sale of intoxicating or alcoholic liquors or beverages or any crime involving
a "morals charge" as defined in subsection (b) of K.S.A. 41-2610 and amendments thereto;
(6) The purchase and display in the licensed premises by the licensee, its managing officers or
any employee of a federal wagering occupational stamp issued by the United States Treasury
Department;
(7) The purchase and display in the licensed premises by the licensee, its managing officers or
any employee, of a federal coin operated gambling device stamp for the club premises issued
by the United States Treasury Department;
(8) The licensee has been found guilty of a violation of article 10 of chapter 44 of the Kansas
Statutes Annotated under a decision or order of the civil rights commission which has
become final or such licensee has been found guilty of a violation.
(9) For employing a person who has been adjudged of a felony, a violation of an offense
involving a morals charge, or a violation of intoxicating liquor or drug law. The City
Manager may require any employee of a licensee to submit to fingerprinting to determine if
a violation of this section has occurred, and the failure of the employee to submit to
fingerprinting shall be prima facie evidence that the employee is ineligible for employment
under the provisions of this section;
(10) if the licensee has become ineligible to obtain a license or permit under this Chapter;
(11) The sale or gift of cereal malt beverage or alcoholic liquor to a minor by a licensee, his
manager, or employee;
(12) The nonpayment of any license tax payable pursuant to this Chapter;
(13) Failure to permit inspection as allowed by this Chapter.
The governing body delegates to the city manager the authority to revoke or suspend a club or drinking
establishment license consistent with the criteria specified in Sec. 5-102(e).
Sec. 5-147. Penalty.
Any person violating any of the provisions of this article is guilty of a misdemeanor and upon
conviction thereof shall be punished by:
(1) A fine of not more than four hundred ninety-nine dollars ($499.00); or
(2) Imprisonment in jail for not more than one hundred seventy-nine (179) days; or
(3) [loth such fine and imprisonment not to exceed subsections (1) and (2) of this section."
Section 4. Repealer. Sections, 25-81, 25-82, 5-51 through 5-53, 5-71, and Chapter 5, Division 3,
Article IV "Drinking Establishments" and any ordinances in conflict herewith are hereby repealed.
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Section 5. That this ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper.
Introduced: September 27, 2010
Adopted/: October 4, 2010
Aa on G. Peck, Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, City C k
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