CHAPTER 3. BEVERAGESCHAPTER 3. BEVERAGES\Article 3. Alcoholic Liquor

(a)   It shall be unlawful for any person to keep for sale, offer for sale, or expose for sale or sell any alcoholic liquor as defined by the “Kansas liquor control act” without first having obtained a state license to do so.

(b)   The holder of a license for the retail sale in the city of alcoholic liquors by the package issued by the state director of alcoholic beverage control shall present such license to the city clerk when applying to pay the occupation tax levied in section 3-302 and the tax shall be received and a receipt shall be issued for the period covered by the state license.

(Code 1978, 4-201, 203; Code 1994; Code 2003; Code 2015)

There is hereby levied a biennial occupation tax of $600 on any person holding a license issued by the state director of alcoholic beverage control for the retail sale within the city of alcoholic liquors for consumption off the premises. Such tax shall be paid by the retailer to the city clerk before business is begun under an original state license and shall be paid within five days after any renewal of a state license. The amount paid will be determined by the term of the just issued state license.

(Code 1978, 4-202; Code 1994; Code 2003, Ord. 567; Code 2015; Code 2024)

Every licensee under this article shall cause the city alcoholic liquor retailer’s occupation tax receipt to be placed in plain view, next to or below the state license in a conspicuous place on the licensed premises.

(Code 1978, 4-204; Code 1994; Code 2003; Code 2015)

No person shall sell at retail any alcoholic liquor:

(a)   On Sunday before 12:00 noon or after 8:00 p.m.;

(b)   On Easter Sunday, Thanksgiving Day or Christmas Day; or

(c)   Before 9:00 a.m. or after 11:00 p.m. on any day when the sale thereof is permitted.

(K.S.A. 41-712; Code 1978, 4-301; Code 2003; Code 2015; Ord. 618; K.S.A. 41-2911; Code 2024)

It shall be unlawful for a retailer of alcoholic liquor to:

(a)   Permit any person to mix drinks in or on the licensed premises;

(b)   Employ any person under the age of 21 years in connection with the of operation of the retail establishment;

(c)   Employ any person in connection with the operation of the retail establishment who has been adjudged guilty of a felony;

(d)   Furnish any entertainment in his or her premises or permit any pinball machine or game of skill or chance to be located in or on the premises; or

(e)   Have in his or her possession for sale at retail any bottles, cask, or other containers containing alcoholic liquor, except in the original package.

(f)   Sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person under 21 years of age.

(Code 1994; Code 2003; Code 2015)

No person shall knowingly or unknowingly sell, give away, furnish, dispose of, procure, exchange or deliver, or permit the selling, giving away, furnishing, disposing of, procuring, exchanging or delivering of any alcoholic beverage in any building, structure or premises, for consumption in such building or upon such premises if such consumption is within 200 feet from the nearest property line of any existing hospital, school, church or library.

(K.S.A. 41-710; Code 1994; Code 2003; Code 2015)

(a)   PERMIT REQUIRED. It shall be unlawful for any person to sell or serve any alcoholic liquor at any special event within the city without first obtaining a local special event permit from the city clerk.

(b)   PERMIT FEE.

(1)   There is hereby levied a special event permit fee in the amount of $25 on each group or individual, which fee shall be paid before the event begins. Such fee shall be in addition to the $25 fee to be remitted to the Division of Alcohol Beverage Control.

(2)   Every special event permit holder shall cause the permit receipt to be placed in plain view on any premises within the city where the holder of the special event permit is serving alcoholic liquor for consumption on the premises.

(c)   CITY SPECIAL EVENT PERMIT.

(1)   It shall be unlawful for any person to serve alcoholic liquor at a special event without first applying for a local special event permit at least 14 days before the event. Written application for the local special event permit shall be made to the city clerk on the form used for annual alcoholic liquor sales as directed by the city clerk. In addition to any other information required, the applicant shall provide the following:

(A)  the name of the applicant;

(B)  the group for which the event is planned;

(C)  the location of the event;

(D)  the date and time of the event;

(E)   any anticipated need for police, fire or other municipal services.

(2)   Upon meeting the requirements to obtain a special event permit, the city clerk shall issue a local special event permit to the applicant if there are no conflicts with any zoning or other ordinances of the city.

(3)   The city clerk shall notify the chief of police whenever a special event permit has been issued and forward a copy of the permit and application to the chief of police.

(d)   PERMIT REGULATIONS.

(1)   No special event permit holder shall allow the serving of alcoholic liquor between the hours of 12:00 a.m. and 6:00 a.m. at any event for which a special event permit has been issued.

(2)   No alcoholic liquor shall be given, sold or traded to any person under 21 years of age.

(3)   No more than four special event permits may be issued in a calendar year to the same applicant.

(4)   No special event permit issued hereunder may be transferred or assigned to any other vendor.

(5)   All local ordinances and state statutes for the sale and consumption of alcoholic liquor apply to holders of special event permits.

(Ord. 633)