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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