88-9277 Alcohol1
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(Published in The Salina Journal August 2& 1988)
ORDINANCE NUMBER 88-9277
AN ORDINANCE REQUIRING A CITY LICENSE, LEVYING A LICENSE
FEE, ESTABLISHING BUSINESS REGULATIONS AND ESTABLISHING PENALTIES
RELATING TO CLASS "A" CLUBS IN THE CITY OF SALINA, KANSAS,
AMENDING SECTIONS 5-136, 5-138, 5-139, 5-146 OF THE SALINA CODE AND
REPEALING THE EXISTING SECTIONS.
Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina,
Section 1. That Section 5-136 of the Salina Code is hereby amended to
read as follows:
"Section 5-136. License required.
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 without
having first paid to the city clerk the license fee hereinafter
provided and having procured a license from the City."
Section 2. That Section 5-138 of the Salina Code is hereby amended to
read as follows:
"Section 5-138. Applicant to have state license.
A holder of a license for a club 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."
Section 3. That Section 5-139 of the Salina Code is hereby amended to
read as follows:
"Section 5-139. License tax levied.
There is hereby levied an annual occupation or license
tax on each operator of a club in the amount of two hundred
fifty dollars ($250.00) , 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."
Section 4. That Section 5-146 of the Salina Code is hereby amended to
read as follows:
"Section 5-146. Suspension or revocation.
The board of commissioners, upon five (5) days notice
to persons holding any license under this division, may
revoke or suspend the license of any club licensee for any
one or more of the following reasons.
(1) The licensee has fraudulently obtained the license
by giving false information in the application
therefor or any hearing thereon;
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(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;
(3) The licensee has become ineligible to obtain a
license;
(4) Drunkenness of the licensee club's manager or
employee while on duty, or the licensee club, its
manager or employee has permitted any disorderly
person to remain in the licensed premises;
(5) Violation on the club 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 club, its managing officers or any
employee of a federal wagering occupational stamp
issued by the United State Treasury Department;
(7) The purchase and display in the licensed premises
by the licensee club, 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 holding a club license 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.
Section 5. That the existing Sections 5-136, 5-138, 5-139, 5-146 of
the Salina Code are hereby repealed.
Section 6. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
[SEAL]
ATTEST:
rt K. Biles, City Clerk
Introduced: August 15, 1988
Passed: August 22, 1988
Sy ney Soderber , Mayor