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87-9228 Drinking Establishments(Published in The Salina Journal January 7, 1988) ORDINANCE NUMBER 87-9228 AN ORDINANCE REQUIRING A CITY LICENSE, LEVYING A LICENSE FEE, ESTABLISHING BUSINESS REGULATIONS AND ESTABLISHING PENALTIES RELATING TO DRINKING ESTABLISHMENTS IN THE CITY OF SALINA, KANSAS, AMENDING CHAPTER 5, ARTICLE IV, DIVISION 2 OF THE SALINA CODE BY ADDING SECTIONS 5-147 THROUGH 5-150. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Chapter 5, Article IV, Division 2 of the Salina Code is hereby amended by adding the following sections which shall read as follows: "CHAPTER 5 ARTICLE IV. PRIVATE CLUBS AND DRINKING ESTABLISHMENTS Division 3. Drinking Establishments "Section 5-147. License required. It shall be unlawful for any person granted a drinking establishment license by the state of Kansas to sell or serve any alcoholic liquor authorized by such license within the city without first obtaining a city license from the city clerk. "Section 5-148. License fee. (a) There is hereby levied an annual license fee in the amount of $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, which fee shall be paid upon enactment of this ordinance for existing drinking establishments with state licenses, before business is begun under an original state license and within five days after any renewal of a state license. (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. (c) The license period shall extend for the period covered by the state license. No license fee shall be refunded for any reason. (d) Every licensee shall cause the city drinking establishment license to be placed in plain view next to or below the state license in a conspicuous place on the licensed premises. "Section 5-149. Business regulations. (a) No drinking establishment licensed hereunder 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) Cereal malt beverages may be sold on premises licensed for the retail sale of cereal malt beverage for on -premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises. (c) No alcoholic beverages or cereal malt beverages shall be given, sold or traded to any person under twenty-one (21) years of age. "Section 5-150. Penalty. If the licensee has violated any of the provisions of this Article, the governing body of the city, upon five days' written notice to the person holding such license to sell alcoholic liquor, may permanently revoke or cause to be suspended for a permit of not more than thirty (30) days such license and the individual holding the license may be charged in municipal court with a violation of the alcoholic liquor laws of the city and upon conviction shall be punished by: (a) a fine of not more than four hundred ninety-nine dollars $499; or (b) imprisonment in jail for not more than one hundred seventy-nine (179) days; or, (c) both such fine and imprisonment not to exceed (a) and (b) above. "Sections 5-151 - 5-155. Reserved." Section 2. 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: Robert K. Bi es, erk 1 Introduced: December 21, 1987 Passed: December 28, 1987 Stephen C. Ryan, Mayor