85-9087 Alcohol(Published in The Salina Journal August 1" , 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 SALI NA CODE; AND REPEALING THE
EXISTING SECTIONS.
Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina,
Section I. 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 the context
otherwise requires:
(1 ) Cereal malt beverages means any fermented but
urn Tistilled liquor 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
malt beverages 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. Furnishing to person under legal age.
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."
Section 3. That Section 5-72 of the Salina Code shall be amended to
read as follows:
"Section 5-72. Misrepresenting age.
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. Loitering by persons under legal age.
No 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 license has been issued by the City for the
current year, or the Salina Bicentennial Center."
Section 5. That Section 5-102 of the Salina Code shall be amended to
read as follows:
"Section 5-102. Revocation; notice; grounds.
The Board 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;
(3) If the licensee has become ineligible to obtain a license;
(4) 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
legal 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,
provided 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 legal 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
(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 loiter in his place of business;
11(13) For the licensee to fail to display in a prominent place
at or near the entrances to his place of business signs
stating that no person under 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 defined 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
Merle A. Hodges, M.D. 6./'Mayor
[SEAL]
ATTEST:
D. L. Harrison, City Clerk
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 loiter in his place of business;
11(13) For the licensee to fail to display in a prominent place
at or near the entrances to his place of business signs
stating that no person under 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 defined 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
Merle A. Hodges, M.D. 6./'Mayor
[SEAL]
ATTEST:
D. L. Harrison, City Clerk