4741 Sale of Cereal Malt Beveragesa
(IOU
ORDINANCE N0. 4741
1 ( Published in ._.the -Salina Journal ao� 1 lg3fi)
i
AN ORDINANCE regulating the sale of cereal malt beverages, providing
for the licensing of persons selling the same, prescribing lic-
ense fees, establishing zones, prescribing -rules and regulations
relating to the sale of cereal malt beverages, providing for the
revocation of licenses, repealing ordinances No. 4295, 4342 and
1 46340 and providing penalties for the violation of this ordinance.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. Definitions. As used in this ordinance, the words
and phrases herein defined shall have the following meanings unless
i
the context otherwise requires;
i
(a) "Person" shall include individuals, firms, copartnerships,
corporations and associations;
4
(b) "Sale at retail" and "retail sale" mean sales for use or
consumption and not for resale in any form;
(c) "Place of business" shall mean any place at which cereal
malt beverages are sold;
(d) "Wholesaler or distributor" shall mean individuals, firms,
copartnerships, corporations and associations which sell
or offer for sale any beverage referred to in this act,
to persons, copartnerships, corporations and associations
authorized by this act to sell cereal malt beverages at
retail;
(e) "Cereal malt beverage" shall include any fermented but
undistilled liquor brewed or made from malt or from a
mixture of malt and/or malt substitute.
t
(f) "Licensee" is a "person" as defined in (a) who has a license
as herein required.
(g) "General Retailer Class All is a licensee who has a license
to make retail sales of cereal malt beverages in bottles
only but not including sales in original and in unbroken
case lots or in broken case lots of 12 or more bottles.
(h) "General Retailer Class B" is a licensee who has a license
to make retail sales of cereal malt beverages in bottles
and to sell the same at retail from kegs, for sale to
customers in bulk in glasses, etc., commonly known as
"draught" beverages, but not including sales in the
original and unbroken case or keg lots or in broken
case lots of 12 or more bottles*
(i) "Case Retailer" is a licensee who has a license to sell
at retail cereal malt beverages in original or unbroken
case or keg lots or in broken case lots of 12 bottles or
more and not for consumption on the premises.
Section 2. License Required of Retailers* No person shall
sell any cereal malt beverage at retail without first having secured
a license for each place of business which such person desires to
operate within the corporate limits of the City of Salina, Kansas,
as herein provided and a person having only a license to sell at
retail cereal malt beverages as a "case retailer" as designated in
this ordinance shall not sell any such beverage in any other manner
and a person having only a license to sell cereal malt beverages as
a ttgeneral retailer" shall not sell any such beverage in any other
manner than that covered by such license; provided however, that a
"general retailer" may also secure a license as a "case retailer"
on complying wit# the requirements of this ordinance and securing
--
an additional license as a "case retailer."
Section 3. License Fees. There are hereby prescribed license
Fees as follows:
(a) General Retailer Class A - for each place of business
$35.00 per calendar year.
(b) General Retailer Class B - for each place of business
$50.00 per calendar year.
(c) Case Retailer - for each place of business
$25.00 per calendar year.
The full.amount of license fee shall be required regardless of the
time of the year in which the application is made and the licensee shall
only be authorized to operate under the license for the remainder of
the calendar year in which the license is issued; provided, that if a
license is issued under this ordinance to any person who has during the
year 1937 prior to the date this ordinance takes effect, secured and
paid for a Class A or Class B Retail Beverage Dealers license under
the provisions of Ordinance No. 4295 as amended by Ordinance No. 4342,
the amount heretofore paid by any such person, in case the license issued
under this ordinance is issued to such identical person and for the
identical place or business, shall be credited on the amount required
for a licdnse as provided for in this ordinance.
Section 4. Application for licenses. Any person desiring a license
shall make an application to the governing body of the city and accompany
the application with the required license fee for each place of business
Each such application, in case the applicant is a corporation, shall be
accompanied by affidavits executed by each officer, director, and stock-
holder owning in the aggregate more than 25% of the corporation's stock,
and of the manager of such business, containing the same information as
herein above required of an individual applicant, and in case the appli-
for which the person desires the license. The application shall be veri-
fied, and upon a form prepared by the attorney general of the State of
Kansas,
and shall contain such information as the governing body of the
City may require which shall include•the following:
(a)
The name and residence of the applicant and how long
he has resided within the State of Kansas;
(b)
The particular place for which a license is desired:
(c)
The name of the owner of the premises upon which the
place of business is located;
(d)
A statement that the applicant is a citizen of the United
States and not less than twenty-one years of age and that
he has not within two years immediately preceding the date
of making application been convicted of a felony or any
crime involving moral turpitude, or been adjudged guilty
of drunkenness., or driving a motor vehicle while under the
influence of intoxicating liquor or the violation of any
other intoxicating liquor lave of any state or of the United
States.
Each such application, in case the applicant is a corporation, shall be
accompanied by affidavits executed by each officer, director, and stock-
holder owning in the aggregate more than 25% of the corporation's stock,
and of the manager of such business, containing the same information as
herein above required of an individual applicant, and in case the appli-
cant is a partnership, firm or association, the application shall
be accompanied by affidavits duly executed by each member of such
firm, copartnership or association, and of the manager of such busi-
ness, containing the same information.
Section
5.
Examination: disqualification;
approval.
If
the
application
is
in proper form and accompanied
by cash in
the
amount
of the license fee and the required affidavits, the governing body
of the city shall examine the application and the affidavits, and
after such examination, the governing body of the city shall refer
such application to the Chief of Police for further investigation
and report if they deem such additional investigation necessary.
If the Board of Comnissioners either with or without such investiga-
tion of the Chief of Police consider that the applicant is not a fit
person or otherwise entitled to receive such license, they shall re-
ject such application and deny such license, and if they consider
that such person is a fit person to receive such license and that
the applicant, if granted a license., will abide by all the require -
menta and provisions of this ordinance and all other ordinances'of
the City of Salina, they may approve such application, and if they
approve the same, shall direct the City Clerk to issue a license to
the applicant; Provided, no license shall be issued to:
(a) A person who is not a resident of the city in which
the premises covered by the license are located, and
who has not been a resident in good Faith of the state
of Kansas for at least one year prior to said applica-
tion and a resident of the county in which said place
of business is to be operated for at least six months;
(b) A person who is not of good character and reputation in
the community in which he resides;
(c) A person who is not a citizen of the United States;
(d) A person who within two years immediately preceding
the date of making application has been convicted of
a felony or any crime involving moral turpitude, or
been adjudged guilty of drunkenness or driving a motor
vehicle.w�Ale under the influence of intoxicating
liquor, or the violation of any other intoxicating
liquor law of any state or of the United States;
(e) A copartnership, unless one of the copartners is a
resident of the city or county in which the premises
covered by the license is located and unless all the
members of such copartnership shall otherwise be
qualified to obtain a license;
(f) A corporation, if any manager, officer, or director
thereof or any stockholder owning in the aggregate
more than twenty-five percent of the stock of such
corporation, would be ineligible to receive a license
hereunder for any reason other than non residence
within the city or county;
(g) A person whose place of business is conducted by a
manager or agent unless said manager or agent possesses
the same qualifications required by the licensee.
No license shall be issued for a place of business located or to
be located in a prohibited zone as defined by this ordinance or as
hereafter defined or prescribed by ordinance. Aperson applying for a
l license as a case retailer must be engaged in business in this city. _
Section 6. L cense. The journal of the governing body shall show
the action taken. The license shall not be transferable under any
circumstances from one person to another or to any firm, copartnership
i
or association containing members not included in the membership of the
original applicant and such license shall not be transferable by the same
licensee from one location to another without the consent of the govern-
irg body of the city and upon such conditions as such governing body may
prescribe. The license shall be kept posted in a conspicuous place in
the place of business. The license shall state the name of the licensee,
the location of the place of business for which the license is issued
and the calendar year for which it is issued, and that it is subject to
revocation in the manner provided by law and by this ordinance.
Section 7. Statutory requirement No cereal malt beverages may
be sold in any place of business between the hours of twelve o'clock
midnight and six a* me or on Sunday or any election day, and no
licensee shall permit any such beverages to be consumed in or about
any licensed place of business on any such days or between any such
hours. No private rooms or closed booths shall be operated in any
place of business. The place of business shall be open to the public
and to the police at all times during business hours. No person under
eighteen years of age shall be permitted to buy or drink any of such
beverages in or about any place of business•
Section S. Prohibited zones established. No license shall be
issued for any place of business and no cereal malt beverages shall
be sold in any place of business which is located within any residence
zone or district as now or hereafter provided for or designated in the
zoning ordinance of the City of Salina or any amendment thereto•
Section 9. Revocation of licenses. The governing body of the
city, upon five (5) days notice to persons holding any such license
shall revoke such license for any one of the following reasons:
(a) If a licensee has fraudulently obtained the liednse by
giving false information in the application therefor;
(b) If the licensee has violated any of the provisions of
this ordinance or any other ordinance of the city pre-
scribing rules or regulations relating to cereal malt
beverages as herein defined;
If the licensee has violated any law of the state for
which violation the city is authorized by law to re-
voke the license;
(c) If the licensee has become ineligible to obtain a license
under this ordinance;
(d) Drunkenness of the person holding such license or per.
; witting any intoxicated person to remain in such place;
(e) The sale of cereal malt beverages to those under the
age of eighteen years;
(f) The nonpayment of any license fees;
(g) For permitting any gambling in or upon such premises;
(h) For permitting any person to mix drinks with materials
purchased in said place of business or brought in for
this purpose;
(i) For the employment of persons under eighteen years of
age in dispensing cereal malt beverages;
(J) For the employment of persons who have been adjudged
guilty of felony or of any violation of the intoxicating
liquor law;
(k) For purchasing or displaying a federal retail liquor
tax stamp, expiring after June 30th, 1937, issued by
the United States Treasury Department, except where
issued for industrial, mechanical, scientific, and
medicinal purposes.
And it is hereby made unlawful for any person to commit any act which
is made a cease for the revocation of any license as above set forth.
Within twenty days after the order of the board revoking any
license, the licensee may appeal to the District court of the county
in the manner as now provided by law in appeals from the probate court,
provided that after the date of the order of revocation entered by such
board and pending any such appeal, it shall be unlawful for any person
whose license is revoked to sell cereal malt beverages in any place of
business or to operate or attempt to operate under such license until
such time as the order of revocation may be set aside by the District
Court*
In case of the revocation of the license of any licensee, no
new license shall be issued to such person or any person acting for
or on his behalf, for a period of six months thereafter, unless the
order of revocation shall be set aside by the District Court of said
County on appeal.
Section 10. Beverages prohibited` No licensee under this
ordinance or any other person shall under any circumstances sell,
offer for sale, give away or have in his possession any beverages
which contain in excess of 3.2% of alcohol by weight or 4% of alcohol
by volume or of any percentage of alcohol which is in fact intoxicating,
nor shall any such person add to any beverage which is sold or offered
for sale or in his possession in or about any place of business any
alcohol or any other intoxicating liquor, nor shall any such person
permit any other person in his place of business to add any alcohol
or other intoxicating liquor to any such beverage or to spike the same
with alcohol or other intoxicating liquor. Every licensee shall upon
demand of any police officer or any other officer of the City of Salina
furnish to any such officer without compensation at least two samples
of each and every kind or character of beverage which is in the possess-
ion of any such licensee in any such place of business for the purpose
of examining and testing the same.
Section 11. Sale prohibited in certain laces. No General Retailers
license shall be issued for any place of business in the City of Salina
except for a room on the first or street floor of the premises or build-
ing in which such licensed place of business is located, which room
shall have a clear glass window through which the entire room or rooms
in which any such place is conducted shall be al all times visible
from the street upon which such room fronts, and no screen, curtain,
sign or other obstruction of any kind shall be so placed in or adjacent
to such window so as to prevent the clear and unobstructed view of such
premises from such street, and no dancing shall be permitted in any such
place of business; Provided, that the provisions hereof relating to the
conduct of such business on the street floor and the maintenance of cur-
tains, screens or other obstructions, and dancing, shall not apply to
any place conducted under a license issued to any bona fide lodge or
fraternal organization having a permanent and bona fide membership
and which at the date this ordinance takes effect is duly organized,
authorized, chartered and operated for lodge and fraternal purposes,
and as a bona fide lodge or fraternal organization under the laws of
this state or any other state.
Section 12. Inspection of Premises All premises where any business
is conducted tinder any license issued pursuant to this ordinance shall
be open for inspection by police officers of the City of Salina at all
times, and every person to whom any such license is issued and every
employee of such person shall disclose to any officer of the city of
Salina upon demand all information relating to the source of supply of
the beverage sold by him or in his possession, when and from whom the
same was purchased and any other information pertaining to the same
which may be required by any such officer.
Section 13. Gambling prohibited. No gambling or gambling device
of any kind shall be permitted in any licensed premises.
Section 14. Intoxication and Disorderly Conduct. No licensee shall
sell or use or give away or permit the sale or use or giving away
within or upon such licensed premises by any person, of any intoxicating
liquor of any kind, nor shall such licensee permit any intoxicated
person to be or remain upon any such licensed premises, or permit any
Gi
disorderly conduct in such premises, at any time, and the presence
of any intoxicated person in or upon any such licensed premises,
or the existence of any disorderly conduct by any persons in or
i
upon said premises, at any time, shall be deemed to be conclusive
i
evidence that such intoxicated person is there, or that such dis-
orderly conduct exists, with the permission of such licensee.
Section 15. Acceptance: Rules & Regulations. Every person
shall by his application for a license under this ordinance and
by the acceptance thereof when issued, be deemed to have speci-
fically agreed to abide by and to be bound by all of the rules,
regulations and provisions set forth in this ordinance and by all
other ordinance hereafter adopted by the Board of Commissioners
relating to and regulating any such business and the manner of
sale of any such beverages*
Section 164 Licensee responsible for act of employees.
Every person to whom any such license is issued shall be responsible
for the acts and conduct of all persons engaged in managing, con-
ducting or carrying on such licensed business and for the acts and
conduct of all employees engaged in carrying on such business and
the violation by any such person shall be deemed the act of the
licensee for all of the purposes of this ordinance*
Section 17. Cleanliness. Every place of business licensed
under this ordinance and all equipment used in connection with the
sale of cereal malt -beverages and all persons employed in such place
of business shall be kept in a clean and sanitary condition and no
person shall be employed in or about such business place who is
not in good health or who is afflicted with or suffering from any
Infectious or contagious disease.
Section 18. Relationship of retailer to manufacturers,
distributors, agents and wholesalers. No manufacturer, distributor,
agent or wholesaler shall, directly or indirectly,'sell, supply,
furnish, give or pay for, or loan or lease, any furnishings, fixture
or equipmEr t on the premises of a place of business of a licensee
authorized under this ordinance to sell ceral malt beverages at
retail, nor shall he, directly or indirectly, pay for any such
license, or advance, furnish, lend or give money for payment of
such license, or purchase or became the owner of any note, mortgage
or other evidence of indebtedness of such licensee or any form of
security therefor, nor shall such manufacturer, distributor or
wholesaler, directly or indirectly, be interested in the ownership,
conduct or operation of the business of any such licensee, nor shall
6t
+a
'f4
i
any manufacturer, distributor or wholesaler be interested directly or
indirectly or as owner or part owner of said premises or as lessee or
lessor thereof, in any premises upon which cereal malt beverages are
e
sold at retail. No manufacturer, distributor or wholesaler, shall,
directly or indirectly or through a subsidiary or affiliate, or by
any officer, director or member of firm of such manufacturer, dis-
tributor or wholesaler, furnish, give or lend any interior decorations
other than signs, costing in the aggregate more than one hundred
dollars in any one calendar year for use in or about or in connection
with any one establishment on which products of the manufacturer, dis-
tributor or wholesaler are sold. Any licensee who shall permit or
assent, or be a party in any way to any violation or infringement
of the provisions of this section, shall be deemed guilty of a
violation of this ordinance.
No wholesaler or distributor shall sell any cereal malt beverage
to any person who has not secured a license as provided for in this
ordinance.
Section 19. Wholesalers and/or distributors. It shall be unlawful
for any wholesaler and/or distributor, his or its agents or employees,
to sell and/or deliver cereal malt beverages within this city to
persons authorized under this ordinance to sell the same within this
city unless such wholesaler and/or distributor has first secured a
license from the Department of Inspections and Registration of the
i
State of Aansas authorizing such sales.
Section 20. Penalty. Any person violating any of the provisions
of this ordinance shall, upon conviction thereof for each offense,
be fined not exceeding One Hundred Dollars ($100.00) or imprisoned
not exceeding three (3) months, or both so fined and imprisoned, and
each dayts continued violation shall be deemed a separate offense*
Section 21. Repeal* Ordinances No. 4295, 4342 and 4643 are hereby
i
repealed.
Section 22. Saving Clause_ Should any court declare any section,
clause, or provision of this ordinance to be invalid, such decision
shall affect only such section, clause, or provision so declared in-
valid and shall not affect any other section, clause, or provision of
this ordinance.
Section 23. Take effect. This ordinance shall take effect and be
in force from and after May 1, 1937, and after its publication in the
official city paper.
Introduced, April 12, 1937
Passed, April 26th, 1937
Attest; Chas. Ee Banker Ed -Morgenstern
rge
City Clerk L
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
I, Chas. E. Banker, City Clerk of the City of Salina, Kansas,
do hereby certify that the above and foregoing is a true and correct
copy of Ordinance No. 4741 passed and approved by the Board of Ccm-
missioners of the City of Salina April 26, 1937; and a record of the
vote on its final adoption is fo-und on page/ 3,�- Journal No. 14.
(AtU
y ulerk
(Published in the Salina Journal ��k� 1937)
ORDINANCE NO. 4741
AN ORDINANCE regulating the sale of cereal malt beverages, providing
for the licensing of persons selling the same, prescribing lic-
ense fees, establishing zones, prescribing rules and regulations
relating to the sale of cereal malt beverages, providing for the
revocation of licenses, repealing ordinances No. 4295, 4342 and
4634, and providing penalties for the violation of this ordinance.
BE IT ORDAIIMD by the Board of Commissioners of the City of Salina,
Kansas:
Section l: Definitions. As used in this ordinance, the words
and phrases herein defined shall have the following meanings unless
the context otherwise requires:
(a) "Person" shall include individuals, firms, copartnerships,
corporations and associations;
(b) "Sale at retail" and "retail sale" mean sales for use or
consumption and not for resale in any form;
(c) "Place of business" shall mean any place at which cereal
malt beverages are sold;
(d) "Wholesaler or distributort' shall mean individuals, firms,
copartnerships, corporations and associations which sell
or offer for sale any beverage referred to in this act,
to persons, copartnerships, corporations and associations
authorized by this act to sell cereal malt beverages at
retail;
(e) "Cereal malt beverage" shall include any fermented but
undistilled liquor brewed or made from salt or from a
mixture of malt and/or malt substitute.
(f) "Licensee" is a "person" as defined in (a) who has a
license as herein required.
(g) "General Retailer Class All is a licensee who has a license
to make retail sales of cereal malt beverages in bottles
only but not including sales in original and in unbroken
case lots or in broken case lots of 12 or more bottles.
(h) "General Retailer Class B" is a licensee veho has a license
to make retail sales of cereal malt beverages in bottles
and to sell the same at retail from kegs, for sale to
customers in bulk in glasses, etc., commonly known as
"draught" beverages, but not including sales in the
original and unbroken case or keg lots or in broken
case lots of 12 or more bottles.
(i) "Case Retailer$" is a licensee who has a license to sell
at retail cereal malt beverages in original or unbroken
case or keg lots or in broken case lots of 12 bottles or
more and not for consumption on the premises.
Section 2• License Required of Retailers. No person shall
sell any cereal malt beverage at retail without first having secured
which
a license for each place of business :ba such person desires to
operate within the corporate limits of the City of Salina, Kansas,
as herein provided and a person having only a license to sell at
retail cereal malt beverages as a "case retailer" as designated
in this ordinance shall not sell any such beverage in any other
manner and a person having only a license to sell cereal malt
beverages as a "general retailer" shall not sell any such beverage
in any other manner than that covered by such license; provi�5.ed
however, that a "general retailer" may also secure a license as
a "case retailer" on complying with the requirements of this ordinance
and securing an additional license as a "case retailer".
Section 3. License Fees. There are hereby prescribed license
fees as follows
(a) General Retailer Class A - for each place of business
4 g .OQ per calendar year.
General ..
(b) Retailer Class B - for each place of business
5,& per calendar year.
(c) Case Retailer - for each place of business
2"_QQ_per calendar year.
The full amount of license fee shall be required regardless
of the time of the year in which the application is made and the
licensee shall only be authorized to operate under the 1i-ense for
the remainder of the calendar year in which the license is issued;
provided, that if a licdnse is issued under this ordinance to any
person who has during the year 1937 prior to the date at this ordinance
takes effect, secured and paid for a Class A or Class B Retail
Beverage Dealers license under the provisions of Ordinance No. 4295
as amended by Ordinance No. 4342, the amount heretofore paid by
any such person, in case the license issued under this ordinance is
issued to such identical person and for the identical place of busi-
ness, shall be credited on the amount required for a license as
provided for in this ordinance.
Secti,n 4. implication for licenses. Any person desiring a
license shall make an application to the governing body of the
city and accompany the application with the required license fee
for each place of business for which the person desires the license.
The application shall be verified, and upon a form prepared by the
attorney general of the State of Kansas, and shall contain such
information as the governing body of the City may require which
shall include the following:
(a)" The name and residence of the applicant and how long
he has resided within the State of Kansas;
p, (b) The particular place for which a license is desired;
I
\J ( c ) The name of the owner of the premises upon which the
\' place of business is located;
(d) A statement that the applicant is a citizen of the
United States and not less than twenty-one years of
age and that he has not within two years immediately
preceding the date of making application been con-
victed of a felony or any crime involving moral
turpitude, or been adjudged guilty of drunkenness,
or driving a motor vehicle while under the influence
of intoxicating liquor or the violation of any other
intoxicating liquor law of any state or of the United
States.
Eaeh such application, in case the applicant is a corporation, shall
be accompanied by affidavits executed by each officer, director,
and stockholder owning in the aggregate more than 25% of the
corporation's stock, and of the manager of such business, con-
taining the same information as herein above required of an in-
dividual applicant, and in case the applicant is a partnership,
firm or association, the application shall be accompanied by
affidavits duly executed by each member of such firm, co -partnership
or association, and of the manager of such business, containing the
same information.
Section 5. Examination: disqualification; approval. If the
application is in proper form and accompanied by cash in the amount
of the license fee and the required affidavits, the governing body
of the city shall examine the application and the affidavits, and
after such examination, the governing body of the city shall refer
such application to the Chief of Police for further'investigation
and report if they deem such additional investigation necessary.
If the Board of Commissioners either with or without such investiga-
tion of the Chief of Police consider that the applicant is not a fit
person or otherwise entitled to receive such license, they shall re-
ject such application and deny such license, and if they consider
that such person is a fit person to receive such license and that
the applicant, if granted a license, will abide by all the require-
ments and provisions of this ordinance and all other ordinances of
the City of Salina, they may approve such application, and if they
approve the same, shall direct the City Clerk to issue a license to
the applicant; Provided, no license shall be issued to:
(a) A person who is not a resident of the city in which
the premises covered by the license are located, and
who has not been a resident in good faith of the state
of Kansas for at least one year prior to said applica-
tion and a resident of the county in which said place
of business is to be operated for at least six months;
(b) A person who is not of good character and reputation in
the community in which he resides;
(c) A person who is not a citizen of the United States;
(d) A person who within two years immediately preceding
the date of making application has been convicted of
a felony or any crime involving moral turpitude, or
been adjudged guilty of drunkenness or driving a
motor vehicle while under the influence of intoxica-
ting liquor, or the violation of any other intoxicat-
ing liquor law of any state or of the United States;
(e) A copartnership, unless one of the copartners is a
resident of the city or county in which the premises
covered by the license is located and unless all the
members of such copartnership shall otherwise be
qualified to obtain a license;
(f) A corporation, if any manager, officer, or director
thereof or any stockholder owning in the aggregate
more than twenty-five percent of the stock of such
corporation, would be ineligible to receive a license
hereunder for any reason other than non residence
within the city or county;
(g) A person whose place of business is conducted by a
manager or agent unless said manager or agent possesses
the same qualifications required by the licensee.
No license shall be issued for a place of business located or to
be located in a prohibited zone as defined by this ordinance or as
hereafter defined or prescribed by ordinance. A person applying
for a license as a case retailer must be engaged in business in
this city.
Section 6. License. The journal of the governing body shall
show the action taken. The license shall not be transferable.under
any circumstances from one person to another or to any firm, co-
partnership or association containing members not included in the
membership of the original applicant and such license shall not
be transferable by the same licensee from one location to another
without the consent of the governing body of the city and upon
such conditions as such governing body may prescribe. The license
shall be kept posted in a conspicuous place in the place of busi-
ness. The license shall state the name of the licensee, the lo-
cation of the place of business for which the license is issued
and the calendar year for which it is issued, and that it is
subject to revocation in the manner provided b7 law and t)y this
ordinance.
Section 7. Statutory req irements'. No cereal malt bevera, _,es
may be sold in any place of business between the -_ours of twelve
o'clock midnight and six a.m. or on Sunday or any election day, and
no licensee spall permit any such beverages to be consumed in or
about any licensed place of business on any such days or between
any such hours. No private rooms or closed booths shall '-e
operated in any place of business. The place of Ilusiness shall
be open to the public and to the police at all times during
business hours. No person under eighteenyears of age shall be
permitted to buy or drink any of such beveraSes in or about any
place of business.
Section S& Prohibited zones established. No license shall
be issued for any place of business and no cereal malt beverages
shall be sold in any place of business Which is located within
any residence zone or district as now or hereafter provided for
or designated in the zoning ordinance of the City of Salina or
any amendment thereto.
Section 9. Revocation of licenses. The ;governing body of
the city, upon five (5) days notice to persons holding any such
license shall revoke such license for any one of the following
reasons
(a) If a licensee has fraudulently obtained the license
by giving false information in the application therefor;
(b) If the licensee has violated any of the provisions of
this ordinance or any other ordinance of the city
prescribing rules or regulations relating,* to cereal
malt beverages as herein defined;
If the licensee has violated any law of the state for
which violation the city is authorized by law to re-
voke the license;
(c) If the licensee has become ineligible to obtain a
license Imithis ordinance;
(d) Drunkenness of the person holding such license or
permitting any intoxicated person to remain in such
place;
(e) The sale of cereal malt beverages to those under the
age of eighteen years;
(f) The nonpayment of any license fees;
(g) For permitting any gambling in or upon such premises;
(h) For permitting any person to mix drinks with materials
purchased in said place of business or brought in for
this purpose;
(i) For the employment of persons under eighteen years of
age in dispensing cereal malt beverages;
(j) For the employment of persons who have been adjudged
guilty of felony or of any violation of the into_-x:icatin
liquor law;
(k) For purchasing or displaying a federal retail liquor
tax stamp, expiring after June 30th, 1937, issued by
the United States Treasury Department, except where
issued for industrial, mechanical, scientific, and
medicinal purposes.
And it is hereby made ublawful for any person to commit any act
which is made a cause for the revocation of any license as above
set forth.
Within twenty days after the order of the board revoking any
license, the licensee may appeal to the District Court of the
county in the manner as now provided by law in appeals from the
probate court, provided that after the date of the order of re-
vocation entered by such board and pending any such appeal, it
shall be unlawful for any person whose license is revoked to sell
cereal malt beverages in any place of business or to operate or
attempt to operate under such license until such time as the order
of revocation may be set aside by the District Court.
In case of the revocation of the license of any licensee, no
new license shall be issued to such person or any person acting
for or on his behalf, for a period of six months thereafter, unless
the order of revocation shall be set aside by the District Court
of said County on appeal.
Section 10. Beverages prohibited. No licensee under this
ordinance or any other person shall under any circumstances sell,
offer for sale, give away or have in his possession any beverages
which contain in excess of 3.2% of alcohol by weight or 4% of
alcohol by volume or of any percentage of alcohol which is in
fact intoxicating, nor shall any such person add to any beverage
which is sold or offered for sale or in his possession in or about
any place of business any alcX ohol or any other intoxicating liquor,
nor shall any such person permit any other person in his place of
business to add any aleohol:'or other intoxicating liquor to any
such beverage or to spike the sarne with alcohol or other intoxicating
liquor. Every licensee shall upon demand of any police officer or
any other officer of the City of Salina furnish to any such officer
without compensation at least two samples of each and every kind or
character of; beverage which is in the possession of any such licensee
in any such place of business for the purpose of examining and
testing the same.
Section 11. Sale prohibited in certain laces. No General
Retailers license shall be issued for any place of business in
the City of Salina except for a room on the first or street floor
of the premises or building in which such licensed place of business
is located, which room shall have a clear glass window through
which the entire room or rooms in which any such place is conducted
shall be at all times visible from the street upon which such room
fronts, and no screen, curtain, sign or other obstruction of any
kind shall be so placed in or adjacent to such window ao as to
prevent the clear and unobstructed view of such premises from such
street, and no dancing shall be permitted in any such place of business;
Provided, that the provisions hereof relating to the conduct of such
business on the street floor and the maintenance of curtains,
screens or other obstructions, and dancing, shall not apply to any
place conducted under a license issued to any bona fide lodge or
fraternal organization having a permanent and bona fide membership
and which at the date this ordinance takes effect is duly organized,
authorized, chartered and operated for lodge and fraternal purposes,
and as a bona fide lodge or fraternal organization under the laws
of this state or any other state.
Section 12. Inspection of Premises All premises where any
business is conducted under any license issued pursuant to this
ordinance shall be open for inspection by police officers of the
City of Salina at all times, and every person to whom any such
license is issued and every employee of such person shall disclose
to any officer of the City of Salina upon demand all information
relating to the source of supply of the beverage sold by him or in
his possession, when and from whom the same was pjschased and any
other information pertaining to the same which may be required by
any such officer.
Section 13..Gambli�ng prohibited. No gambling or gambling
device of any kind shall be permitted in any licensed premises.
Section 14. Intoxication and Disorderly Conduct. No licensee
shall sell or use or give away or permit the sale or use or giving
away within or upon such licensed premises by any person, of any
intoxicating liquor of any kind, nor shall such licensee permit
any intoxicated person to be or remain upon any such licensed
premises, or permit any disorderly conduct in such premises, at
any time, and the presence of any intoxicated person in or upon
any such licensed premises, or the existence of any disorderly
conduct by any persons in or upon said premises, at any timet
shall be deemed to be conclusive evidence that such intoxicated
person is there, or that such disorderly conduct exists, with the
permission of such licensee.
Section 15. Acceptance: Rules & Regulations. Every person
shall by his application for a license under this ordinance and
by the acceptance thereof when issued, be deemed to have speci-
fically agreed to abide by and to be bound by all of the rules,
regulations and provisions set forth in this ordinance and by all
other ordinance hereafter adopted by the Board of Commissioners
relating to and regulating any such business and the manner of
sale of any such beverages.
Section 16. Licensee res onsible for act of employees.
Every person to whom any such license is issued shall be responsible
for the acts and conduct of all persons engaged in managing, con-
ducting or carrying on such licensed business and for the acts and
conduct of all employees engaged in carrying on such business and
the violation by any such person shall be deemed the act of the
licensee for all of the purposes of this ordinance.
Section 17* Cleanliness. Every place of business licensed
under this ordinance and all equipment used in connection with the
sale of cereal malt beverages and all persons employed in such place
of business shall be kept in a clean and sanitary condition and no
person shall be employed in or about such business place who is
not in good health or who is afflicted with or suffering from
any infectious or contagious disease.
Section 18. Relationship ogretailer tq� manufacturers,
distributors, agents and wholesalers. No manufacturer, distributor,
agent or wholesaler shall, directly or indirectly, sell, supply,
furnish, give or pay for, or loan or lease, any furnishings,
fixture or equipment on the premises of a place of business of
a licensee authorized under this ordinance to sell cereal malt
beverages at retail, nor shall he, directly or indirectly, pay
for any such license, or advance, furnish, lend or give money
for payment of such license, or purchase or become the owner of
any note, mortgage or other evidence of indebtedness of such
licensee or any form of security therefor, nor shall such manu-
facturer, distributor or wholesaler, directly or indirectly, be
interested in the ownership, conduct or operation of the business
of any such licensee, nor shall any manufacturer, distributor or
wholesaler be interested directly or indirectly or as owner or
part owner of said premises or as lessee or lessor thereof, in
any premises upon which cereal malt beverages are sold at retail.
No manufacturer, distributor or wholesaler, shall, directly or
indirectly or through a subsidiary or affiliate, or by any officer,
director or member of firm of such manufacturer, distributor or
wholesaler, furnish, give or lend any interior decorations other
than signs, costing in the aggregate more than one hundred dollars
in any one calendar year for use in or about or in connection with
any one establishment on which products of the manufacturer, dis-
tributor or wholesaler are sold. Any licensee who shall permit
or assent, or be a party in any way to any violation or infringe-
ment of the provisions of this section, shall be deemed guilty of
a violation of this ordinance.
No wholesaler or distributor shall sell any cereal malt beverage
to any person who has not secured a license as provided for in
this ordinance.
Section 19. Wholesalers and/or distributors. It shall be
unlawful for any wholesaler and/or distributor, his or its agents
or employees, to sell and/or deliver cereal malt bevera`es within
this city to persons authorized under this ordinance to sell the
same within this city unless such wholesaler and/or distributor
has first secured a license from the Department of Inspections
and Registration of the State of Kansas authorizing such sales.
Section 20. Penalty. Any person violating any of the pro-
visions of this ordinance shall, upon conviction thereof fo each
offense, be fined not exceeding One Hundred Dollars ($100.00) or
imprisoned not exceeding three (3) months, or both so fined and
imprisoned, and each days continued violation shall be deemed
a separate offense.
Section 21. Repeal. Ordinances No. 4295, 4342 and 4643 are
hereby repealed.
Section 22. Saving Clause. Should any court declare any
section, clause, or provision of this ordinance to be invalid,
such decision shall affect only such section, clause, or pro-
vision so declared invalid and shall not affect any other section,
clause, or provision of this ordinance.
Section 23. Take effect. This ordinance shall take effect
and be in force from and after May 1, 1937, and after its piblication
in t ae official city pa-�er.
Introduced, April 12th, 1937
Passed, April 26th, 1937
(SEAL)
Yom'
ATTEST:
i y er