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

ARTICLE 1. CEREAL MALT BEVERAGES

As used in the article, 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 distributor” shall mean 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;

(e)   “Cereal malt beverages” shall include any fermented but undistilled liquor brewed or made from malt or from a mixture of malt and/or malt substitute, but shall not include any such liquor which contains more than three and two-tenths percent (3.2%) of alcohol by weight;

(f)   “Licensee” is a “person” as defined in subsection (a) who has a license as herein required;

(g)   “General retailer” is a licensee who has a license to make retail sales;

(h)   “Limited retailer” is a licensee who has a license to sell only at retail cereal malt beverages in original and unopened containers, and not for consumption on the premises.

(K.S.A. 41-2701, R.O. 1965, Sec. 3-101)

No person shall sell any cereal malt beverages 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 Wakefield, as herein provided, and a person having a license to sell only retail cereal malt beverages in original and unopened containers and not for consumption on the premises, shall not sell such beverages in any other manner.

(K.S.A. 41-2702, R.O. 1965, Sec. 3-102)

Any person desiring a license shall make an application to the governing body and accompany the application by the regular 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:

(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 the license is desired;

(c)   The name of the owner of the premises upon which the place of business is located; and

(d)   A statement that the applicant is a citizen of the United States and not less than twenty-one (21) years of age and that he has not within two (2) 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 law of any state or of the United States.

(K.S.A. 41-2702, R.O. 1965, Sec. 3-103)

If the application is in proper form and accompanied by cash in the amount of the license fee, the Governing Body of the City shall issue a license to the applicant: provided, that no license shall be issued to:

(a)   A person who is not a resident of Clay County, Kansas, and who has not been a resident in good faith of the State of Kansas for at least one (1) year prior to said application and a resident of Clay County for at least six (6) months;

(b)   A person who is not of good character and reputation in the community;

(c)   A person who is not a citizen of the United States;

(d)   A person who within two (2) 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 intoxicating liquor, or the violation of any other intoxicating liquor law of any state or of the United States.

(e)   A partnership, partnership are license; unless all otherwise of the members of the 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 (25%) of the stock of such corporation would be ineligible to receive a license hereunder for any reason other than the citizenship and residency requirements;

(g)   A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than twenty-five percent (25%) of the stock of such   corporation, has been an officer, - manager or director, or a stockholder owning in the aggregate more than twenty-five percent (25%) of the stock, of a corporation which: (A) has had a retailers 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 beverages laws of the State of Kansas;

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

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

No license shall be issued for a place of business located or to be located in a prohibited zone

(K.S.A. 41-2703, K.S.A. 41-2704, 41-2708, R.O. 1965, Sec. 3-104)

(a)   General retailer--for each place of business selling cereal malt beverages at retail, the sum of Fifty Dollars ($50.00) per year;

(b)   Limited retailer--for each place of business selling only at retail cereal malt beverage in original and unopened containers and not for consumption on the premises the sum of Fifty Dollars ($50.00) per year.

Full amount of the license fee shall be required regardless of the time of 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, R.O. 1965, Sec. 3-105; Code 2015)

All licenses provided for herein shall be executed by the Mayor and attested by the City Clerk and there shall be thereon a receipt from the City Treasurer showing that the license fee provided herein has been duly paid. Licenses issued under the provisions of this article shall not be transferable. Said license shall be issued for the calendar year and shall expire on the last day of December of each and every year. Such licenses shall be displayed in open view by the licensee in his place of business.

(R.O. 1965, Sec. 3-106)

No person shall have any alcoholic liquor in such person’s possession while in a place of business, unless the premises are currently licensed as a club or a drinking establishment pursuant to the Club and Drinking Establishment Act of the State of Kansas. No licensee shall knowingly allow alcoholic liquor to be brought into or remain in a place of business.

(K.S.A. 41-2704; R.O. 1965, 3-108)

(a)   It shall be unlawful for any person to drink or consume any alcoholic liquor or any cereal malt beverage within the limits of said city while in or upon a motor vehicle, or upon a public street, public parking lot, alley, road or highway, or while in or upon any place to which the general public has access, except a place of business licensed under the provisions of K.S.A. 41-2601 et seq., or except a place of business licensed by the city to sell cereal malt beverages. Further, cereal malt beverages may be consumed within a designated area and during a predetermined time described in a permit authorized and issued by the Governing Body. Such permit shall contain any other restrictions and regulations for consumption as determined by the Governing Body, and said permit shall not exceed a time in excess of twenty-four (24) hours. The application fee for such permit shall be Five Dollars ($5.00).

(b)   Any person found guilty of violating the provisions of this section shall be fined in any sum not exceeding Five Hundred Dollars ($500.00), or be confined for a period not to exceed thirty (30) days, or be both so fined and imprisoned.

(Ord. 1166; Ord. 1203; Ord. 1217; Code 2015)

The Governing Body of said City, upon five (5) days notice to the person holding 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 Article or any other rules or regulations of the City relating to cereal malt beverages herein defined; or if the licensee has violated any laws of the State of Kansas for which violation the City is authorized by law to revoked the license;

(c)   If a licensee becomes ineligible to obtain a license as provided for in this Article;

(d)   The habitual drunkenness of a person holding such license;

(e)   The sale of cereal malt beverages to those under the age of twenty-one (21) years;

(f)   The non-payment of any license fees;

(g)   For permitting any gambling in or upon such premises;

(h)   For permitting any person to possess alcoholic liquor in said place of business;

(i)    For the employment of persons under twenty-one (21) years of age in dispensing cereal malt beverages;

(j)    For the employment or continuation in employment of a person in connection with the sale, serving or dispensing        of cereal malt beverages if the licensee knows such person has been, within the preceding two (2) years, adjudged guilty of a felony or of any violation    of the intoxicating liquor laws of the state, another state or the United States;

(k)   For the sale or possession or the consumption of alcoholic liquor upon or in said premises.

Within Twenty (20) days after the order of the Governing Body revoking any license, the licensee may appeal to the District Court and the District Court shall proceed to hear such appeal as though such court had original jurisdiction in the matter. Any appeal taken from an order revoking the license shall not suspend the order of revocation during the pendency of such appeal. In case of the revocation of the license of any licensee, no new license shall be issued to the former licensee, or to any person acting for or on behalf of the former licensee, for a period of six (6) months thereafter.

(K.S.A. 41-2708; R.O. 1965, Sec. 3-112)

That upon violation of any rule, regulation or ordinance of the City relating to the conduct of any cereal malt beverage licensee, or person or persons upon the premises of such licensee and said violation is considered by the Governing Body to be insufficient to merit the revocation of said license as provided by Section 3-109, there shall be, and the same is hereby established a minimum mandatory period of suspension of the cereal malt beverage license as follows:

(a)   For the first such violation, the minimum mandatory suspension period shall be seven (7) days.

(b)   For all other such violations other than the first,

That upon suspension of any cereal malt beverage license as provided for in Section 3-110 by the Governing Body, the notice of such suspension shall be written, in letter form, and served upon the licensee by the City Attorney at the instruction of the Governing Body and transmitted to the licensee by registered mail, postage prepaid. Said notice shall contain the date the suspension is to become effective, the period of suspension and be mailed to the licensee at least ten (10) days prior to the date the suspension is to become effective. Said notice shall further contain a date for a hearing to be conducted by the Governing Body, or a special committee of council members appointed for that purpose, upon the merits of such suspension if desired by the licensee. The request for such hearing must be made to the City Clerk in writing within three (3) days after the receipt of the suspension notice.

(Ord. 1016, Sec. 2)

Any person, firm or corporation violating any of the suspension provision as provided by this Article shall, upon conviction thereof, be fined in any sum not to exceed One Hundred Dollars ($100.00), or be imprisoned not to exceed thirty (30) days, or be both so fined and imprisoned. (K.S.A. 41-208) Further, any licensee who violates any of the suspension provisions shall subject himself or the corporation for which he is employed to revocation of his or the corporation’s cereal malt beverage license as provided in Section 3-109.

(Ord. 1016, Sec. 6)

No provisions of Section 3-110 or 3-111 shall be construed as to repeal or amend any of the provisions of Section 3-109, and that the revocation of any cereal malt beverage license issued pursuant to the ordinances of said City shall be subject to the provisions of said section.

(Ord. 1016, Sec. 5)

No cereal malt beverages may he sold:

(a)   between the hours of 12:00 midnight and 6:00 a.m.,

(b)   on Sunday, except in a place of business which is licensed to sell cereal malt beverage for consumption on the premises, which derives not less than 30% of its gross receipts from the sale of food for consumption on the premises; Sunday sales under this exception shall be between the hours of 12:00 noon and 10:00 p.m. The sale at retail of cereal malt beverage 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. To verify the percentage of food sales included in gross sales, the city may at any time demand and examine the quarterly sales tax reports of the licensee.

(c)   No private rooms or closed booths shall be operated in a place of business licensed to sell cereal malt beverages; each place of business shall be open to the public and to law enforcement officers at all times during business hours.

(d)   No licensee shall permit a person under the legal age for consumption of cereal malt beverage to consume or purchase any cereal malt beverage in or about a place of business, and no licensee shall permit a person under the legal age for consumption of cereal malt beverage to possess cereal malt beverage in or about a place of business, except that a licensee’s employee who is not less than 18 years of age may dispense or sell cereal malt beverage if the licensee’s place of business is licensed only to sell cereal malt beverage at retail in the original unopened containers, and not for consumption on the premises.”

(K.S.A. 41-2704; R.O. 1965, Sec. 3-113; Ord. 1198; Ord. 1218; Code 2015)

Except with regard to the serving of alcoholic liquor or cereal malt beverage as permitted by K.S.A. 41-308a, 41-308b, 41-2610 or 41-2704, or amendments thereto, it shall be unlawful for any person under twenty-one (21) years of age to possess, consume, obtain, purchase or attempt to obtain or purchase alcoholic liquor or cereal malt beverage except as authorized by law.

(Ord. 1155)

Any person eighteen (18) or more years of age, but less than twenty-one (21) years of  age violating the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than One Hundred Dollars ($100.00) or more than Five Hundred Dollars ($500.00).

Any person less than eighteen (18) years of age who violates this ordinance is a juvenile offender under the Kansas Juvenile Offenders Code, and upon adjudication thereof and as a condition of disposition, the court shall require the offender to pay a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).

This section shall not apply to the possession and consumption of cereal malt beverage by a person under the legal age for consumption of cereal malt beverage when such possession and consumption is permitted and supervised, and such beverage is furnished by the person’s parent or legal guardian.

(Ord. No 1155, Sec. 2, 3 & 4)

Any person who causes or permits any person under the legal age for consumption of cereal malt beverage to purchase a cereal malt beverage from any cereal malt beverage licensee within the City shall, upon conviction, be guilty of a misdemeanor and be fined in any sum not to exceed One Thousand Dollars ($1,000.00) or imprisoned not to exceed six (6) months, or be both so fined and imprisoned.

(K.S.A. 21-3610a, Ord. 1016, Sec. 4)

Any person, firm or corporation violating any of the provisions of this Article for which another penalty is not otherwise specifically provided shall, upon conviction thereof, be fined in any sum not exceeding Five Hundred Dollars ($500.00), or be imprisoned not to exceed thirty (30) days, or be both so fined and imprisoned.

(Ord. 1166)