13-10699 Sunday Sales of Alcoholic Liquor & CMBPublished in The Salina Journal on June /&, 2013.
Posted on the City of Salina website from June 12-26, 2013.
Effective August [(�, 2013.
ORDINANCE NUMBER 13-10699
AN ORDINANCE AUTHORIZING SUNDAY SALES OF ALCOHOLIC LIQUOR AND
CEREAL MALT BEVERAGE IN THE ORIGINAL PACKAGE AND SALES OF
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ALCOHOLIC LIQUOR ON CERTAIN HOLIDAYS IN THE ORIGINAL PACKAGE.
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WHEREAS, K.S.A. 41-712 and the Salina Code, under Chapter 5, Article II; generally prohibit the
sale of alcoholic liquor on any Sunday and on Memorial Day, Independence Day, and Labor Day;
3
WHEREAS, K.S.A. 41-2704 and the Salina Code, under Chapter 5, Article 111, prohibit the sale of
cereal malt beverage on any Sunday;
WHEREAS, K.S.A. 41-2911 permits cities to expand the legal days of retail sales of alcoholic
liquor and cereal malt beverages to include Sundays from 12 noon to 8 p.m., except on Easter, in
combination with expanding the legal days of retail sales of alcoholic liquor to include Memorial
Day, Independence Day and Labor Day. SO NOW THEREFORE,
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Chapter 5, Article II, Section 5-18 of the Salina Code, is hereby amended to read as
follows:
Sec. 5-18. Days, hours when retail sale prohibited.
No person shall sell at retail alcoholic liquor in the original package:
(1) On Sundays before 12 noon or after 8 p.m.;
(2) On Easter Sunday, Thanksgiving Day or Christmas Day; or
(3) Before 9 a.m. or after 10 p.m. on any other day when the sale is permitted.
Section 2. That Chapter 5, Article III, Section 5-67 of the Salina Code, is hereby amended to read
' as follows:
Sec. 5-67. Hours, days, sales and consumption prohibited.
(a) No person shall sell at retail cereal malt beverage:
(1) Between the hours of 12 midnight and 6 a.m.;
(2) In the original package before 12 noon or after 8 p.m. on Sundays;
(3) On Easter Sunday; or
(4) For consumption on the licensed premises on Sunday, except in a place of business
which is licensed to sell cereal malt beverage for consumption on the premises,
which derives not less than 30% of its gross receipts from the sale of food for
consumption on the licensed premises.
(b) Subsection (a) notwithstanding, cereal malt beverages may be sold on premises which
are licensed pursuant to both the cereal malt beverage act and the club and drinking
establishment act at any time when alcoholic liquor is allowed by law to be served on the
premises.
Section 3. Repealer. That Chapter 5, Article III, Section 5-71 is hereby repealed.
Section 4. Summary of Ordinance for Publication. This ordinance shall be published by the
following summary:
' Ordinance No. 13-10699 Summary
On June 10, 2013, the City of Salina, Kansas, passed Ordinance No. 13-10699. The
ordinance amends Chapter 5, Articles lI and III, of the Salina Code by amending
Sections 5-18 and 5-67, and repealing Section 5-71 regarding sales of alcoholic liquor
and cereal malt beverages on Sundays, and sales of alcoholic liquor on certain
holidays. The ordinance is subject to petition pursuant to state law. A complete copy
of the ordinance is available at www.salina-ks.aov or in the office of the city clerk, 300
W. Ash Street, free of charge. This summary is certified by the city attorney.
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Section 5. Effective Date. This ordinance shall take effect 61 days after final publication, unless a
sufficient petition for a referendum is filed, requiring a referendum to be held on the ordinance as
provided in K.S.A. 41-2911, in which case this ordinance shall become effective upon approval by a
majority of the electors voting thereon.
[SEAL]
Ann
Clerk
Introduced: June 3, 2013
Adopted: June 10, 201
J
B tiara V. Shirley, Mayor