4295 Cereal Malt Beverage LicensingV JA
Ordinance No, 4295
Published in the Salina Journal August 11th 1933)
r
AN ORDINAECE relating to and regulating a certain calling, trade or
occupation, to-wit: The selling and dealing in, of no intoxicat-
ing malt and cereal beverages, as defines: in this ordinance, pro-
viding for the licensing thereof and the payment of a license
tax for engaging therein, and providing penalties for the viola-
tion of the provisions of this ordinance.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. For the purpose of this ordinance t -ie term "non
intoxicating malt or cereal beverage` shall be deemed to mean any
beverage obtained by the fermenati'on of and infusion or decoction
of barley, malt, and/or hops and or other similar ingredients, in
water, containing more than one half of one percent of alcohol by
volume and not more than 3.2 percent per alcohol by weight, and
commonly known and dl esignated as "beer"; provided that no beverage
which is in fact intoxicating whether containing less than 3.2 per-
centalcohol by weight, or not, shall be deemed to be included with-
in such description, and provided further that this ordinance shall
not be deemed to contemplate the licensing of any business for the
sale of any beverage which is in fact intoxicating. The "non
intoxicating malt or ceral beverage' herein defined shall hereinafter
in this ordinance be referred. to as "such beverage" or "beverage"
and the use of the work "beverage" in this ordinance shall be deemed
to refer to the bever=age defined in this paragraph.
The words "sell" or."selling" or "sale" shall include soliciting
or receiving of an order for, or keeping or exposing for sale, or
delivering for value, or keeping or having in one's possession with
intent to sell., or t rafficing in. Any person who shall have in his
possession any of such beverage in any place where foods or drinks
of any kind are customarily sold, or in any place of business what-
soever, shall be deemed to have such beverage in such place for the
purpose of sale.
The word "wholesaler" means any person h aving a store or
establishment or other place of business for the dis- ribution and
sale of
any
such
beverage
in wholesaling or
jobbing
quantities,
and not
for
the
purpose of
sale to a consumer,
and
shall also mean
any person who shall deliver such beverage to a retailer in the City
of Salina.
The word "retailer" shall be held to include any person selling,
offering for sale or keeping with the intention of selling at retail,
either in bottles or other containers for consumption on the premises,
or otherwise, any such beverage.
The word "person" as used in this ordinance shall be deemed to
include every partnership, corporation or association and every
agent, employee, representative, officer or member thereof in such
manner and to such (mtent as the term may be applicable thereto.
Section 2. It shall be unlawful for any person in the City
of Salina, Kansas to engage in the business, calling, trade or
occi.:pation of selli.n.<; either as a wholesaler or retailer any non
intoxicating; malt or cereal beverage as herein defined without first
paying to the City of Salina the license tax or taxes herein pro-
vided for, and obtaining a license from the City of Salina, Kansas,
to engage in sl.zch business, calling, trade or occupation.
etion 3. The licenses to be issued as provided for in this
ordinance shall be of two classes, to -wit: Wholesale Beverage
Dealers Lice e, and Retail Beverage Dealers License, and the license
r
taxes hereby 1 ed for such licenses shall be as follows:
For Wholesa e everage Dealers License $200.00 per ,year,
or ;~110.00 f six months.
For Retail Beve e D-alers License yp50.00 per year or
4,15.00 per quart
Every license tax provide under the terms of this ordinance shall
become due and payable immed tely upon the taking effect of this
ordlinance or whenever any perso engages in the sale of any such
beverage in the City of Salina.
Every annual license issued un this ordinance shall expire
on th=; 31st day of December next folio 'ng the date of the filing
of the application therefor; provided,tha icenses for the remainder
of the current year 1933, shall be issued in aent of the following
license tax: Wholesalers, $100.00; Retailers 0.
Every semi-annual license issued under this"-, i .ance shall
expire on the 31st days of July and December next foi]�wing the
date of filing; of the application therefor.
Every quarterly license issued. under this ordinance hall
expire on the last days of March, June, September and Decemb
next following the date of filing of the application therefor;
provided, that Retailers quarterly licenses for the remainer of
the current quarter(ending Septem'er 30, 1933)shall be issued upon t e
payment of a license tax of "'W'10.00*
Section. 4. Any person desiring both a wholesaler and a retailers
beverage license may obtain a combined wholesalers and retailers
license by paying a license tax equal to the combined license tax
for each of such licenses.
i
Section 5. No license provided for in this ordinance shall
be issued until the person applying therefore shall file with the
City Clerk a written application on a form to be supplied by the
City Clergy- which application shall state the name of theperson
applying for such license and the names of a]_1 persons-1irectly
or indirectly interested in the business of such applicant, and
if the applicant is a corporation, the names of the officers and
all persons ;rho tiv 11 be employed in the management of such
corpora -.-,ori; the location in which the applicantts business, for which a
license is applied for, is to be conducted, and such other informa-
tion as the City Clerk and the Board of Commissioners of said city
may deem necessary and proj.er. Every application shall le si; ned
an+_1 worn to by the applicant. If the applicant is a partnership,
the application shall be signed by all of the members of the
i
partnership.
Section 6. No application shall be received 'by the City Clerk
i
unless accompanied by the license tax requires by t1-1is ordinance
for the period for which such license is desired. When any such �
application is filed tivith the Cit,17 ..lerk and such license tax
deposited by the applicant the City Clerk shall refer such
application to the Board of Commissioners of the City of Salina.
If the Board of Commissioners deem it necessary they shall refer
s ch application to the C'jief of Police of the City of Salir:a for
farther investigation and report. If the Board of Commissl.oners,
either with or without such investigation by the Chief of Police,
consider that the applicant is a fit person to receive such license
and that such applicant if granted a license will abide by all of
the requirements and provisions of this ordinance, :and all other
ordinances of the City of SalL.na, they shall ar;rrove, such applica-
tion after which the City Clerk shall issue a license to the
applicant as herein provided for and no license shall be issued
without the approval of the Board of Commiss.oners.
Section 7. No license shall be issued to any person whose
business to be conducted under such license is to be located or
carried on at any place in the Cite* of Salina except in what is
known and described as the Commercial or the L4(-) or heavy
I.J.ustrial Districts, as defined in tae Zoning Ordinance of the
City of Salina, or in any location in which a commercial business
may be carried on under the zoning ordinance.
i
Section 8. No license shall be issued to any person until
such person shall have secured such permit or license as may be
required under the laws of the United States for conducting or carrying
on such business, and evidence of such license or permit shall be
furnished with the a}."plicat on for license under this ordinance.
S ection 9. No license issued under the provisions of this
ordinance shall be transferable under any circumstances from one person
to another or from one location to another, except with the consent of
the Board of Commissioners.
Section 10. It shall be unlawful for any person holding a
Retail Beverage Dealers License lk'o sell or have in his possession
for sale as defined in this ordinance any of such beverage except
such as shall have been purchased from or through a person holding
a wholesalers beverage dealers license as provided for in this ordinance,
-,mess such person shall hold a combined wholesalers and retailers
license.
Section 11. All premises where any business is conducted under
any license issued pursuant to this ordinance shall be )pen for in-
spection by police officers of the City of Salina at all times, and
every person to whom any such license is issued shall disclose; to
any officer of the City of Salina whenever any request is made for
the same, 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 any any other information pertaining to the same
v°M-Lch may be required by any such officer.
Section 12. No gambling or gambling device of any kind shall
be perm_Itted in any licensed premises.
Section 13. No licensee shall sell or use, or shall permit
thesale or use withi or upon such 1'censed premises by any person, of
any Intoxicating liT'Or of any kir d, nor shall such licensee permit
any intoxicated person to be or remain upon any such licensed premises,
or 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 time, shall be deemed to be con-
clusive evidence that such :i-ntoxicated person is theme, or that such
disorderly conduct exists, with the permission of such licensee.
Section 14. Any person who shall make any false or untrue
statement in the application for a license herein provided for or
shall make any false or untrue statement to any officer of the City
of Salina pursuant to any request for information by any such officer
relating to such licensed business or who shall in any manner violate
4 e)
or fail to comply with any of the requirements or provisions of
tris ordinance shall be deemed to have violated the provisions of
this ordinance and such violation in addition to other penalties
provided for herein or in any other ordinance, shall be grounds
for the revocation'of such license by the Board of Commissioners.
Section 15. Every person shall by his application for a
license under this ordinance and by the acceptance thereof when
issued, be deemed to have specifically agreed to abide by and to
be bound by all of the rules, rec; lations and provisions set forth
in this ordinance and by all other ordinances hereafter adopted by
the Board of Commissioners relating to and r egulatin any such
businessand to the manner of sale of any such beverages.
Section 16. Every person to whom any such license is issued
shall be responsible for the acts and conduct of all persons engaged
in managing, conducting 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 or other employ e
shall be deemed the act of the licensee for all of the purposes of
this ordinance.
Section 17. Any person who shall violate any of the provisions
of this ordinance or who shall engage in any business herein defined
w1thout securing a license as provided for and required by this
ordinance or who shall engage in any slzch business after any such
license shall have been revoked or who shall in any manner fail
to comply with all of the provisions of this ordinance shall be
deemed ;mai ity of a misdemeanor and for each offense shall be fined
not less than $25.00, nor more than y"100.00, or shall be imprisoned
for not more than 30 days in the city jail or shall be punished by
both such fine and imprisonment and each day on which any such
offense shall continue shall be deemed to be a separate offense,
and the conviction of any person to whom any such license has
been issued shall automatically act as a revocation of such license.
Section 18. If the license of any person shall be revoked
by reason of any violation of the provisions of this ordinance,
either by the Board of Commissioners or by the conviction of such
person of any offense as provided for in this ordinance, no such
license shall again within one year thereafter be issued to such
person.
Section 19. This ordinance shall take effect and be in force
after its publication in the official city paper.
Introduced, July 7:1st, 1933
Passed, August 7th, 1933
M. A. Stevenson
Mayor
Attest:
Chas. E. Banker
City ClerTE
SIIA'1E O
SS
G&jh iY OF'
I, Chas. E. Banker, City Clerk of the City of Salina, Kansas,
do hereby certify that the above and .foreoing is a true and correct
copy of Ordinance NO. 4295 passed and approved by the Board of Con-
m'ssioners of the City of Sal'na August 7th, 1933; and ;a record of
the vote on its final adoption is found on page i -. Journal No. 13
C'IClerk
... !I 4 �rtikGr a�`+S�'�ds� i��ti,i.�"7" / T� /t 3r � •
1
(Published in the Salina Journa 1933)
ORDINANCE NO. '4295
AN ORDINANCE relating to and regulating a certain calling, trade or
occupation, to -grit: The selling and dealing in, of no intoxicat-
ing malt and cereal beverages, as defined in this ordinance, pro-
viding for the licensing thereof and the payment of a license
tax for engaging therein, and providing penalties for the viola-
tionof the provisions of this ordinance.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. For the purpose of this ordinance the term "non
intoxicating malt or cereal beverage" shall be deemed to mean any
beverage obtained by the fermentation of and infusion or decoction
of barley, malt, and/or hops and/or other similar ingredients, in
water, containing more than one half of one percent of alcohol by
volume and not more than 3.2 percent per alcohol by weight, and
commonly known and designated as "beer"; provided that no beverage
which is in fact intoxicating whether containing less than 3.2 per-
cent alcohol by weight, or not, shall be deemed to be included with-
in such description, and provided further that this ordinance shall
not be deemed to contemplate the licensing of any business for the
sale of any beverage which is in fact intoxicating. The "non
intoxicating malt or cereal beverage" herein defined shall hereinafter
in this ordinance be referred to as"such beverage" or "beverage"
and the use of the word 4everage" in this ordinance shall be deemed
to refer to the beverage defined in this paragraph.
The words "sell" or "selling" or "sale" shall include soliciting
or receiving of an order for, or keeping or exposing for sale, or
delivering for value, or keeping or having in one's possession with
intent to sell, or trafficing in. Any person who shall have in his
possession any of such beverage in any place where foods or drinks
of any kind are customarily sold, or in any place of business what-
soever, shall be deemed to have such beverage in such place for the
purpose of sale.
The word "wholesaler" means any person having a store or
establishment or other place of business for the distribution
and sale of any such beverage in wholesaling or jobbing quantities,
and not .for the purpose of sale to a consumer, and shall also mean
any person who shall deliver such beverage to a, retailer in the City
of Salina.
The word "retailer" shall be held to include any person selling,
offering for sale or k9eping with the intention of selling at retail,
either in bottles or other containers for consumption on the premises,
or otherwise, any such beverage.
The word "person" as used in this ordinance shall be deemed to
include every partnership, corporation or association and every
agent, employee, representative, officer or member, thereof in such
manner and to such extent as the term may be applicable thereto.
Section 2. It shall be unlawful for any person in the City
of Salina, Kansas to engage in the business, calling,trade or
occupation of selling either as a wholesaler or retailer any non
intoxicating malt or cereal beverage as herein defined without first
paying to the City -f `.alma the license tax or taxes. herein pro-
vided for, and obtaining; a license from the City of Salina, Kansas,
to engage in such bus ness, ca.1l1.nr;,,trade or occupation.
Section 3. The licenses, o,%.7), issued as provided for in this
ordinance shall be of two classes, to -gait: Wholesale Beverage
Dialers Ljcense, and Retail Beverage Dealers License, and the license
taxes hereby levied for such licenses shall be as follows:
For Wholesale Beverage Dealers License �200,00 per yeer, or
,110.00 for six months.
For Retafl Beverage Dealers License per year or
15.00 per quarter.
I
E7ery license tax provided for under the terms of this
ordinance,,shall become due and payable immediately upon the taking
effect of this ordinance or whenever any person engages in the
sale of any such..beverage in the City of Salina.
Every annual license issued under this ordinance shall expire
on the 31st day of December next following the date of the filing
of the application therefor provided, that licenses for the re-
inainder of the current year 1933, shall be issued in payment of
the following license tax: Wholesalers, $100.00; Retailers $25.00.
Every semi-annual license issued under this ordinance shall
expire on the 31st days of July and December next following the
date of filing of the application therefor.
L`very quarterly license issued under this ordinance shall
expire on the last days of March, June, September and December
next following the date of filing of the application therefor;
provided, that Retailers quarterly licenses for the remainder
of the current quarter shall be issued upon the payment of a
license tax of $10.00.
Section 4. Any person desiring both a wholesalers and a
retailers beverage license may obtain a combined wholesalers and
retailers beverage license by paying a license tax equal to the
combined license tax for each of such licenses.
Section 5. No license provided for in this ordinance shall
be issued until the person applying therefore shall file with the
City Clerk a written application on a form to be supplied by the
City Clerk which application shall state the name of the person
applying for such- license and -the names of all persons directly
or indirectly interested in the business of such applicant, and
if the applicant is a corporation, the names of the officers and
all persons who will be employed in the management of such corpora-
tion; the location in which the applicant's business, for which
__,r
a license is applied for, is to be conducted, and such other in-
formation as the City Clerk and the Board of Commissioners of said
city may deem necessary and proper. Every application shall be
signed and sworn to by the applicant. If the applicant is a partner-
ship, the application shall be signed by all of the members of the
partnership.
Section 6.
No application shall be received by the C-Ity
Clerk unless accompanied by the license tax required by this
ordinance for the period for which such license is desired. When
any such application is filed with the City Clerk and such license
tax deposited by the applicant the City Clerk shall refer such
application to the Board of Commissioners of the City of Salina.
If the Board of Commissioners deem it necessary they shall refer
such application to the Chief of Police of the City of Salina for
further investigation and report. If the Board of Commissioners,
either with or without such investigation by the Chief of Police,
consider that the applicant is a fit person to receive such license
and that such applicant if granted a license will abide by all of
the requirements and provisions of this ordinance, and all other
ordinances of the City of Salina, they shall approve such application
after which the City Clerk shall issue a license to the applicant
as herein provided for and no license shall be issued without the
approval of the Board of Commissioners*
Section 7. No license shall be issued to any person whose
business to be conducted under such license is to be located or
carried on at any place in the City of Salina except in what is
known and described as the Commercial or the Light or Heavy
Industrial Districts, as defined iri the Zoning Ordinance of the
City of Salina, or in any location in which a commercial business
may be carried on under the zoning ordinance.
Section 8. No license shall be issued to any person until
such person shall have secured such permit or license as may be
required under the laws of the United States for conducting or
carrying on such business, and evidence of such license or perml.t
shall be furnished with the application for license under this ordinance.
Section 9. No license issued under the provisions of this
ordinance shall be transferable under any circumstances from one
person to another or from one location to another, except with the
consent of the Board of Commissioners
Section 10, It shall be unlawful for any person holding a
Retail Beverage Dealers License to sell or have in his possession
for sale as defined in this ordinance any of such beverage except
such as shall have been purchased from or through a person holding
a wholesalers beverage^license as provided for in this ordinance,
unless such person shall hold a combined wholesalers and retailers
li ense,
Section 11, All premises where any business is conducted under
any license issued pursuant to this ordinance shall be open for in-
spection by police officers of the City of Salina at all times, and
every person to whom any sach license is issued shall disclose to
any officer of the City of Salina whenever any request is made for
the same, 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 12. No gambling or gambling device of any kind shall be
permitted in any licensed premises.
Section 13. No licensee shall sell or use, or shall permit the
sale or use within or upon such licensed premises by any person, of
/ any intoxicating liquor of any kind, nor shall such licensee permit
any intoyiated person to be or remain upon any such licensed premises,
or any lisorderly 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 i3pon said premises, at any time )shall be deemed to be con-
clusive evidence that such intoxicated person is there, or that
such disorderly conduct exists, with the permission of such licensee.
,•` Section 14. Any person who shall make any false or untrue
statement in the application for a license herein provided for or
shall make any false or untrue statement to any officer of the
City of Salina pursuant to any request for information by any
such officer relating to such licensed business or who shall in
any manner violate or fail to comply with any of the requirements
or provisions of this ordinance shall be deemed to have violated
the provisions of this ordinance and such violation in addition to
other penalties provided for herein or in any other ordinance,
shall be grounds for the revocation of such license by the Board
of Commissioners.
Section 15. Every person shall by his application for a
license under this ordinance and by the acceptance thereof when
issued, be deemed to have specifically 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 ordinances hereafter adopted by
the Board of Commissioners relating to and regulating any such
business and to the manner of sale of any such beverages.
SAct3.on 16. �\ Every person to whom any such license is issued
\)shall be respnnsible for the acts and conduct of all persons engaged
in managing, conducting 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 or other employee
shall be deemed the act of the licensee for all of the purposes of
this ordinance.
Section 17. Any person who shall violate any of the pro-
visions of this ordinance or who shall engage in any business herein
defined without securing a license as provided for and required by
this ordinance or who shall engage in any such business after any
such license shall have been revoked or who shall in any manner
fail to comply with all of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and for each offense shall be
fined not less than $25.00, nor more than 0100.00, or shall be
imprisoned for not more than 30 days in the city jail or shall
be punished by both such fine and imprisonment and each day on
which any such offense shall continue shall be deemedtube a
separate offense, and the conviction of any person -any such
license has been issued shall automatically act as a revocation
of such license.
Section 18. If the license of any person shall be revoked
by reason of any violation of the provisions of this ordinance,
either by the Board of Comm'ssioners or by the conviction of such
person of any offense as provided for in this ordinance, no such
license shall again within one year thereafter be issued to such
person.
Section 19. This ordinance shall take effect and be in
force after its publication in the official city paper.
Introduced'. July 31st, 1933
Passed, August 7th, 1933
Attest:
City Clerk
Mayor