06-10358 CMB License Suspension / Revocation(Published in the Salina Journal on September30 , 2006)
ORDINANCE NUMBER 06-10358
AN ORDINANCE AMENDING CHAPTER 5, ARTICLE III, SECTION 5-102 OF
THE CODE OF THE CITY OF SALINA, KANSAS, PERTAINING TO REVOCATION OR
w SUSPENSION OF CEREAL MALT BEVERAGE LICENSES, AND REPEALING THE
EXISTING SECTION 5-102.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SALINA,
KANSAS:
Section 1. That Chapter 5, Article III, Section 5-102 of the Code of the City of Salina,
Kansas (the "City"), is hereby amended to read as follows:
"Sec. 5-102. License review; revocation, suspension procedure; initial appeal.
(a) In accordance with K.S.A 41-2708, the board of commissioners shall cause to be
revoked or suspended a cereal .salt beverage license for the reasons set forth herein. The
board of commissioners delegates to the city manager the authority to revoke or suspend a
cereal malt beverage license consistently with the criteria specified in subparagraph (d). The
suspension period shall be for a period not less than seven (7), but no more than thirty (30)
calendar days. The city manager shall, upon five (5) days' notice to a retailer of cereal malt
beverages licensed under this division, conduct a hearing to determine whether to revoke or
suspend such license for any one of the following masons:
(1) The licensee has fraudulently obtained the license by giving false information
in the application thereof,
(2) The licensee has violated the provisions of K.S.A. 41-2701 et seq., or this
article and amendments thereto, or any other ordinance of the city prescribing
rules or regulations relating to cereal malt beverages as herein defined;
(3) The licensee has become ineligible to obtain a license;
(4) Drunkenness of the licensee or permitting any intoxicated person to remain in
or upon the licensee's place of business;
(5) The sale of cereal malt beverages to any person under the legal age for
consumption of cereal malt beverage;
(6) The nonpayment of any license fees;
(7) Permitting any gambling in or upon the licensee's place of business;
(8) Permitting any person to mix drinks with materials purchased in or upon the
place of business or brought in for that purpose;
(9) The employment of persons under eighteen (18) years of age in dispensing or
selling cereal malt beverages;
(10) The employment or continuation in employment of a person in connection
with the sale, serving or dispensing of cereal malt beverages if the licensee
knows such person has been, within the preceding two years, adjudged guilty
of a felony or of any violation of the intoxicating liquor laws of the city, state,
another state or the United States, including laws pertaining to the operation
or attempted operation of a motor vehicle while under the influence of
intoxicating liquor or drugs;
(11) The sale or possession of, or permitting any person to use or consume on the
licensed premises, any alcoholic liquor;
(12) The licensee has been convicted of a violation of the beer and cereal malt
beverage keg registration act;
(13) There has been a violation of K.S.A. 21-4106 or 21-4107, and amendments
thereto, in or upon the licensee's place of business;
(14) The failure to display in a prominent place at or near the entrances to the
place of business signs stating that no person under the legal age for
w consumption of cereal malt beverage shall be permitted on the premises;
provided however, this reason shall not apply to the premises of a retailer
y who sells cereal malt beverages for consumption off the premises only, or to
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places where the major income is from the sale of food for consumption on
the premises, or a premise for which a bowling alley license has been issued
by the city for the current year, or the Salina Bicentennial Center;
(15) Employing any person who has been refused a license to sell cereal malt
beverages or alcoholic liquors or any person whose license to sell cereal malt
beverages or alcoholic liquors has been revoked within the six (6) months of
such refusal or revocation; or
(16) Commission by the licensee or permittee, or by such person's manager or
employee in the course of their duties, of any violation of the provisions or
requirements of this chapter, or of the provisions of the Kansas Liquor
Control Act, or of any provisions of the Beer and Cereal Malt Beverage Keg
Registration Act, or any other state law or ordinance of the city relating to
cereal malt beverages or alcoholic liquor.
(b) The provisions of paragraphs (a)(8) and (a)(11) shall not apply if the place of
business or premises also are currently licensed as a club or drinking establishment pursuant
to the club and drinking establishment act.
(c) A licensee shall be deemed to be responsible for any act or conduct of any employee
on the premises that is in violation of state law or of the ordinances of the city, if such
licensee knew or should have known or had actual or constructive knowledge of such
unlawful act or conduct of such employee, and as such the unlawful act of conduct of such
employee can be attributed to the licensee for purposes of considering whether to revoke or
suspend a license issued under this division.
(d) In determining whether to revoke or suspend the license or in determining the length
of a suspension, the city manager shall consider the facts as presented, together with any
matters of mitigation, extenuation, and aggravation, including but not limited to:
(1) The number of past violations during the preceding three (3) years from the
most recent alleged violation;
(2) Whether the violation was committed by the licensee, owner, manager or
employee;
(3) Whether the licensee, owner, or management took steps to avoid the
violation, including but not limited to, training and disciplinary policies and
practices.
(e) The determination of any of the acts or omissions listed in paragraphs (a)(1) through
(a)(16) of this section and the resulting status of the license shall be made by the city
manager. The city manager shall render a written decision citing the reasons for such
decision within thirty (30) days after the hearing.
(f) Within twenty (20) days after any decision of the city manager revoking or
suspending any license, the licensee may appeal the city manager's decision to the board of
commissioners by filing a written appeal with the city clerk. Upon receiving a written
appeal, the board of commissioners shall review the findings and reasons for the decision of
the city manager and conduct further hearings if it deems necessary. Within thirty (30) days
of receipt of the written notice of appeal, the board of commissioners shall issue an order
upholding, reversing, or modifying the decision of the city manager. Any appeal taken from
an order of the city manager suspending or revoking a license shall not suspend the city
manager's decision to suspend or revoke the license during the pendency of the appeal to the
board of commissioners."
Section 2. That the existing Section 5-102, of Chapter 5, Article III of the Code of the City
of Salina, Kansas is hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its adoption
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and publication once in the official city newspaper.
w Introduced: September 18, 2006
Passed: September 25, 2006
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Donnie D. Marrs, Mayor
[SEAL]
ATTEST:
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Lieu Ann Elsey, CMC, Ci Clerk
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