11-10617 CMB Special Event Retailers' Permit(Published in the Salina Journal on September 201 1 .)
ORDINANCâ–ºs NUMBER I1-10617
AN ORDINANCE AMENDING CII'APTFR 5, SECTIONS 5-66 AND 5-91 OF THF,
SALINA CODE 13Y PROVIDING _FOR; TJ'11, ISSUANCE OF A SPECIAL VVEN'I'
RETAILERS' PERMIT PURSUANT I,O,K.S.A. 41-2703(c) AND REPEALING FXISTI N(:
SECTION 5-66 AND 5-91.r'
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WIIERI;AS, the 2011 Kansas Legislature has amended K.S.A. 41-2703 by adding sub-
paragraph (e) as follows:
(c) In addition to, and consistent with the requirements of K.S.A. 41-2701 et seq.: and
amendments thereto, the board of county commissioners or any county or the governing
body of any city may provide by resolution or ordinance for the issuance of a special event
retailers' permit which shall allow the permit holder to offer for sale, sell and serve cereal
malt beverage for consumption 0n unpermitted premises, which may be open to the public.
subject to the following:
(1) A special event retailers' permit shall specify the premises for which the permit is
issued;
(2) A special event retailers' permit shall be issued for the duration of the special
event, the dates and hours of which shall be specified in the permit;
(3) No more than four special event retailers' permits may be issued to any one
applicant in a calendar year; and
(4) A special event retailers' permit shall not be transferable or assignable.
WHEREAS, the Governing Body has,detcrtinined that providing for the issuance of a Special
I?vent Retailers' Permit pursuant to and accordance with K.S.A. 41-2703 will add a useful
mechanism for local regulation of the sale and consumption of cereal malt beverages.
13E FF ORDAINED by the Governing Body of the city of Salina. Kansas:
Section 1. That Section 5-66 of Chapter 5, Division 1 of the Salina Code is hereby amended as
follows:
"See. S-66. Definitions.
As used in this article, the words and phrases herein delined shall have the following meanings
unless the context otherwise requires:
(1). -Cereal mall beverages means any fermented but undistilled liquor brewed or made
from malt or from a mixture of nnalUor malt substitute, but docs 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 husiness shall. mean any place at which cereal malt beverages are sold.
(4) Retailer means any person who'sclls or.offers fin sale any cereal malt beverage for use
or consumption and not for resalc`m any form.
(5) Special Event Retailers' Permit is a permit issued to pursuant to K.S.A. 4 1-270 3(e) and
this article that allows the permit holder to offer for sale, sell and serve cereal malt
beverage for consumption on unpertnitted premises, which may be open to the public.
(6) Wholesaler or Distributor shall mean individuals, firms, copartnerships, corporations
and associations which well 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.
Section 2. That Section 5-91 of Chapter 5, Division 2 of the Salina Code is hereby amended as
follows:
"Sec.'s -91. Required'.
(a) No person shall sell any cereal'malt beverage at retail without first having secured:
(1) a license Tor each place of business which such person desires to operate within the
Section 3. That existing Sections 5-66 and 5-91 arc hereby repealed.
Section 4. This ordinance shall take effect and be in force from and after its publication in the
official newspaper.
September 12, 2011
;ScAptemb 2; 2011amantha Y. Angc 1, Mayor
I.SI ALS
AT"li?ST:
I,icu Ann Iflscy, CMC, City C A
corporate limits of the city, as herein provided and a person having only a license to sell at
retail cereal malt beverages as a retailer Ior consumption off the premises as dcsignatcd in
this article shall not sell any such beverage in any other manner; and a person having only
a license to sell cereal mint beverages as a general retailer shall not sell any such bevcragc
in any other manner than that covered by such license; provided_ that a general retailer
a
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may also secure a license as a retailer for consumption off the premises on complying with
the requirements of this article and securing an additional license as a retailer for
consumption off the premises: or,
a
(2) a special event retailers' pemnit which shall allow the permit holder to offer for sale; sell
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and serve cereal malt beverage for consumption on unpermined premises, which may be
open to the public, subject to the following:
a. A special event retailers' permit shall specify the premises for which the permit is
Issued;
b. A special event retailers' permit shall be issued for lesser of the duration ol' the
special event or three (i) consecutive days, excluding Sundays, the dates and horns
ol'which shall be specified in the permit;
c. No more than four special event retailers' permits may be issued to any one
applicant in a calendar year; and
d. A special event retailers' permit shall not be transl'crable or assignable.
(b) A special event retailers' permit holder shall not be sub.jcct to the provisions of the beer and
cereal malt beverage kcg registration act, K.S.A. 41-2901 et seq.; and amendments thereto.
(c) For the purpose of this division, the term "retail license' shall refer to both a retail license and
a special event retailers' permit."
Section 3. That existing Sections 5-66 and 5-91 arc hereby repealed.
Section 4. This ordinance shall take effect and be in force from and after its publication in the
official newspaper.
September 12, 2011
;ScAptemb 2; 2011amantha Y. Angc 1, Mayor
I.SI ALS
AT"li?ST:
I,icu Ann Iflscy, CMC, City C A