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