CHAPTER III. BEVERAGESCHAPTER III. BEVERAGES\ARTICLE 1. CEREAL MALT BEVERAGES

ARTICLE 1. CEREAL MALT BEVERAGES

For the purpose of this article the following definitions shall apply unless the context clearly requires otherwise:

(a)   Cereal Malt Beverage. - Any fermented but undistilled liquor brewed or made from a malt or a mixture of malt or malt substitute, but shall not include any such liquor which contains more than three and two-tenths percent of alcohol by weight.

(b)   General Retailer. - A person who has a license to sell cereal malt beverages at retail.

(c)   Limited Retailer. - A person who has a license to sell cereal malt beverages at retail only in original and unopened containers and not for consumption on the premises.

(d)   Person. - Individuals, firms, co.-partnerships, corporation, and associations.

(e)   Place of Business. - Any place at which cereal malt beverages are sold.

(f)   Sale at Retail and Retail Sales. -  Sales for use or consumption and not for resale in any form.

(g)   Wholesaler or Distributor. - Any individuals, firms, copartnerships, corporations and associations which sell or offer for sale any beverage referred to in this article, to persons, copartnerships, corporations and associations authorized by this article to sell cereal malt beverages at retail.

(Code 1984)

(a)   It shall be unlawful for any person to sell any cereal malt beverage at retail without a license for each place of business where cereal malt beverages are to be sold at retail.

(b)   It shall be unlawful for any person, having a license to sell cereal malt beverages at retail only in the original and unopened containers and not for consumption on the premises, to sell any cereal malt beverage in any other manner.

(K.S.A. 41-2702; Code 1984)

An application for a license to sell cereal malt beverages at retail shall be made to the governing body in accordance with the provisions of K.S.A. 41-2702. 

(Code 1984)

No license shall be issued to:

(a)   A person who has not been a resident in good faith of the state of Kansas for at least one year immediately preceding application and a resident of Butler County for at least six months prior to filing of such application.

(b)   A person who is not a citizen of the United States.

(c)   A person who is not of good character and reputation in the community in which he or she resides.’

(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 has 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.

(e)   A partnership, unless all the members of the partnership 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 25 percent of the stock of such corporation would be ineligible to receive a license hereunder for any reason other than nonresidence within the city or county.

(g)   A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 25 percent of the stock of such corporation, has been an officer, manager or director, or a stockholder owning in the aggregate more than 25 percent of the stock, of a corporation which:  (A) Has had a retailer’s license revoked under K.S.A. 41-2708 and amendments  thereto;  or (B) has been convicted of a violation of the drinking establishment act or the cereal malt beverage laws of this state.

(h)   A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee.

(i)    A person whose spouse would be ineligible to receive a retailer’s license for any reason other than citizenship, retailer residency requirements or age, except that this subsection (i) shall not apply in determining eligibility for a renewal license.

(Code 1992)

(a)   The journal of the governing body shall show the action taken on the application.

(b)   If the license is granted, the city clerk shall issue the license which shall show the name of the licensee and the year for which issued.

(c)   No license shall be transferred to another licensee.

(d)   If the license shall be denied, the license fee shall be immediately returned to the person who has made application.

(Ord. 477, Sec. 1; Code 1984)

Each license shall be posted in a conspicuous place in the place of business for which the license is issued.

(Code 1984)

The rules and regulations regarding the license fees shall be as follows:

(a)   General Retailer - for each place of business selling cereal malt beverages at retail, $50.00 per calendar year.

(b)   Limited Retailer - for each place of business selling only at retail cereal malt beverages in original and unopened containers and not for consumption on the premises, $50.00 per calendar year.

Full amount of the 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.

(K.S.A. 41-2702; Ord. 735, Sec. 1; Code 2007; Ord. 860; Code 2017)

The governing body of the city, upon five days’ written notice, to a person holding a license to sell cereal malt beverages shall permanently revoke or cause to be suspended for a period of not more than 30 days such license for any 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 article or has become ineligible to obtain a license under this article;

(c)   Drunkenness of a person holding such license, drunkenness of a licensee’s manager or employee while on duty and while on the premises for which the license is issued, or for a licensee, his or her manager or employee permitting any intoxicated person to remain in such place selling cereal malt beverages;

(d)   The sale of cereal malt beverages to any person under 21 years of age;

(e)   For permitting any gambling in or upon any premises licensed under this article;

(f)   For permitting any person to mix drinks with materials purchased in any premises licensed under this article or brought into the premises for this purpose;

(g)   For the employment of any person under the age established by the State of Kansas for employment involving dispensing cereal malt beverages;

(h)   For the employment of persons adjudged guilty of a felony or of a violation of any law relating to intoxicating liquor;

(i)    For the sale or possession of, or for permitting the use or consumption of alcoholic liquor within or upon any premise licensed under this article;

(j)    The nonpayment of any license fees;

(k)   If the licensee has become ineligible to obtain a license under this chapter;

(l)    The provisions of subsections (f) and (i) shall not apply if such place of business is also currently licensed as a private club.

(K.S.A. 41-2708; Code 1992)

The licensee, within 20 days after the order of the governing body revoking any license, may appeal to the district court of Butler County and the district court shall proceed to hear such appeal as though such court had original jurisdiction in the matter. Any appeal taken under this section shall not suspend the order of revocation or suspension during the pendency of such appeal. 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 or her behalf, for a period of six months thereafter. 

(K.S.A. 41-2708; Code 2007)

It shall be the duty of every licensee to observe the following regulations.

(a)   The place of business licensed and operating under this article shall at all times have a front and rear exit unlocked when open for business.

(b)   The premises and all equipment used in connection with such business shall be kept clean and in a sanitary condition and shall at all times be open to the inspection of the police and health officers of the city, county and state.

(c)   Except as provided by subsection (d) and subsection (l), no cereal malt beverages may be sold or dispensed between the hours of 12:00 midnight and 6:00 a.m., or consumed between the hours of 12:30 a.m., and 6:00 a.m., or on Sunday; closing hours for clubs shall conform  to K.S.A. 41-2614 and any amendments thereto.

(d)   Cereal malt beverages may be sold at any time alcoholic liquor is allowed by law to be served on premises which are licensed pursuant to K.S.A. 41-2701 et seq., and licensed as a club by the State Director of Alcoholic Beverage Control.

(e)   The place of business shall be open to the public and to the police at all times during business hours, except that premises licensed as a club under a license issued by the State Director of Alcoholic Beverage Control shall be open to the police and not to the public.

(f)   It shall be unlawful for any licensee or agent or employee of the licensee to become intoxicated in the place of business for which such license has been issued.

(g)   No licensee or agent or employee of the licensee shall permit any intoxicated person to remain in the place of business for which such license has been issued.

(h)   No licensee or agent or employee of the licensee shall sell or permit the sale of cereal malt beverage to any person under the legal age for consumption of cereal malt beverage.

(i)    No licensee or agent or employee of the licensee shall permit any (gambling in the place of business for which such license has been issued.

(j)    No licensee or agent or employee of the licensee shall permit any person to mix alcoholic drinks with materials purchased in said place of business or brought in for such purpose.

(k)   No licensee or agent or employee of the licensee shall employ any person under the legal age for consumption of cereal malt beverage in dispensing cereal malt beverages. No licensee shall employ any person who has been judged guilty of a felony.

(l)    The sale at retail of cereal malt beverages in the original package is allowed within the City on any Sunday, except Easter, between the hours of 12:00 noon and 8:00 p.m.

(K.S.A. 41-2704; Ord. 728, Sec. 1; Code 2007)

It shall be unlawful for any person to sell, serve, dispense, drink or consume any cereal malt beverage upon any street, public thoroughfare, or upon property owned by the state or any governmental subdivision thereof, or in any public place not licensed to sell cereal malt beverages for consumption on the premises within or under the jurisdiction of the city. 

(Ord. 410, Sec. 1; Code 1984)

(a)   No person shall transport in any vehicle upon a highway or street any cereal malt beverage unless such cereal malt beverage is:

(1)   In the original, unopened package or container, the seal of which has not been broken and from which the original cap or cork or other means of closure has not been removed;

(2)   In the locked, rear trunk or rear compartment or any locked outside compartment which is not accessible to any person in the vehicle while it is in motion or;

(3)   In the exclusive possession of a passenger in a vehicle which is a recreational vehicle as defined by K.S.A. 75-1212 or a bus as defined by K.S.A. 8-1406, who is not in the driving compartment of such vehicle or who is in a portion of such vehicle from which the driver is not directly accessible.

(b)   As used in this section “highway” and “street” have meanings provided by K.S.A. 8-1424 and K.S.A. 8-1473 and amendments thereto.

(K.S.A. 8-1599; Code 2007)

See: Standard Traffic Ordinance Sec. 106 as incorporated by Section 14-101 of this code.

No person shall consume any cereal malt beverage while operating any vehicle upon any street or highway. Violation of this section shall be punished by a fine of not less than $50.00 or more than $200.00 or by imprisonment for not more than six months, or both.

(K.S.A. 41-2720; Code 1984)

See: Standard Traffic Ordinance Sec. 105 as incorporated by Section 14-101 of this code.

No person shall operate any business for the consumption of cereal malt beverages upon the premises if the structure in which the business is located is within 200 feet from the nearest property line of any existing hospital, school, church or library. 

(Code 1984)

Nothing in this article shall be deemed to prevent, regulate or control the consumption of cereal malt beverages upon private property by those occupying said private property as the owner, or as a lessee of an owner and by the guest of the owner or lessee, provided that no charge is made by the owner or lessee for the serving of any cereal malt beverage. 

(Code 1984)

It shall be unlawful for any wholesaler and/or distributor, his, her or its agents or employees, to sell and/or deliver cereal malt beverages within the city, to persons authorized under this article to sell the same within this city unless such wholesaler and/or distributor has first secured a license from the director of revenue of the State of Kansas authorizing such sales.

(K.S.A. 79-3837; Code 1984)

It shall be unlawful for any licensee to violate any of the statutes of Kansas, or laws of the city or rules or orders of the state board of health relating to sanitary or health conditions of the places licensed to sell such cereal malt beverages. 

(Code 1984)

It shall be unlawful for any owner, operator, or licensee to operate any place of business licensed for the sale and consumption of cereal malt beverages on the premises without sufficient illumination to measure not less than five foot candles of light in all portions of said place of business measured at a height of 36 inches above the floor. 

(K.S.A. 41-2704; Code 1984)

No person under the age to consume or possess cereal malt beverages as defined by the laws of the State of Kansas shall represent themselves to be of legal age to purchase or attempt purchase, possess, consume or in any manner receive cereal malt beverages from any other person or legal entity unless specifically authorized by law. 

(Ord. 511, Sec. 1)

No person or legal entity shall sell to, purchase for, give to, exchange, deliver or in any manner procure cereal malt beverages for any person under the legal age to possess or consume cereal malt beverages as defined by the laws of the State of Kansas. 

(Ord. 511, Sec. 2)

No person under the age to consume or possess alcoholic liquor as defined by the State of Kansas shall represent themselves to be of legal age to purchase or attempt to purchase, possess, consume or in any manner receive alcoholic liquors from any other person or legal entity unless specifically authorized by law.

(Ord. 511, Sec. 3)

No person or legal entity shall sell to, give to, exchange, deliver or in any manner procure alcoholic liquors for any person under the legal age to possess or consume alcoholic liquors as defined by the laws of the State of Kansas. 

(Ord. 511, Sec. 4)