There is hereby levied a biennial occupation tax on each retailer of alcoholic liquor (including beer containing more than three and two-tenths percent (3.2%) of alcohol by weight for consumption off of the premises (sales in the original package only) as set out in Chapter 17, in the city who has a retailer’s license issued by the State Director of Alcoholic Beverage Control.

(Code 1971, Sec. 3-301, Ord. 577-A; Code 2003; Code 2007; Ord. 976)

A holder of a license for the retail sale of alcoholic liquors by the package in the city, issued by the State Director of Alcoholic Beverage Control shall present such license within five (5) days when applying to pay the occupation tax levied in section 3-301 and the tax shall be received and receipt issued by the city clerk for the period covered by the state license. An additional fee as set out in Chapter 17 will be assessed if more than five (5) days lapse after the effective date of the state license.

(Code 1971, Sec. 3-302; Code 2003; Code 2007)

Every licensee 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 1971, Sec. 3-303)

Any person, co-partnership, association or other entity having a state license to sell retail alcoholic liquor by the package who shall fail to pay the occupation tax herein levied within the time prescribed or who shall violate any other provisions of this article shall upon conviction be fined not more than one-hundred dollars ($100) for each day’s violation. Nothing herein shall be construed to prohibit the city from collecting the occupation tax by any procedure authorized by law.

(Code 1971, Sec. 3-304; Ord. 976)

Alcoholic liquor includes the following four varieties of liquor as defined below, namely alcohol, spirits, wine and beer, and every liquid or solid patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by human beings, but shall not include any beer or cereal malt beverage containing not more than three and two-tenths percent (3.2%) of alcohol by weight:

(a)   Alcohol means the product of distillation of any fermented liquor, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol, but does not include denatured alcohol or wood alcohol;

(b)   Beer when its meaning is not enlarged, modified or limited by other words, means a beverage containing more than three and two-tenths percent (3.2%) of alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water, and includes among other things, beer, ale, stout, lager beer, port and the like having such alcoholic content;

(c)   Spirits means any beverage which contains alcohol obtained by distillation, mixed with water or other substances in solution, and includes but is not limited to brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances;

(d)   Wine means any alcoholic beverage obtained by normal alcoholic fermentation of the juice of sound, ripe grapes, fruits, berries, or other agricultural products, including such beverages containing added alcohol or spirits as above defined, or containing sugar added for the purpose of correcting natural deficiencies.

(K.S.A., 41-102; Code 1971, Sec. 3-307)

None of the provisions of this article shall apply to the following:

(a)   Any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in strict practice of his or her profession;

(b)   Any hospital or other institution caring for sick and diseased persons, from possessing or using alcoholic liquor for the treatment of bona fide patients of such hospital or institution;

(c)   Any drug store employing a licensed pharmacist from possessing or using alcoholic liquor in the compounding of prescriptions of duly licensed physicians;

(d)   The possessing or dispensing of wine by an authorized representative of any church for the purpose of conducting any bona fide rite or religious ceremony conducted by such church;

(e)   The selling or possessing of flavoring extract, syrups or medicinal, mechanical, scientific, culinary or toilet preparations or food products unfit for beverage purposes.

(Code 1971, Sec. 3-308)

(a)   No person under the age of twenty-one (21) years of age shall possess, consume, obtain, purchase, or attempt to obtain or purchase alcoholic liquor except as authorized by law.

(b)   Any person less than eighteen (18) years of age who violates this section is a juvenile offender under the Kansas Juvenile Justice Code. Upon adjudication thereof as a condition of disposition the court shall require the offender to pay a fine of not less than one-hundred dollars ($100) nor more than five-hundred dollars ($500).

(c)   In addition to or in lieu of any other penalty provided for a violation of this section, the court may order the offender to do either or both of the following:

(1)   Perform forty hours (45) of public service; or

(2)   Attend and satisfactorily complete a suitable educational and training program dealing with the effects of alcohol or chemical substances when ingested by humans.

(Ord. 595; Code 2003)

No person shall sell at retail any alcoholic liquor on:

(a)   Easter Day, Thanksgiving Day or Christmas Day; or

(b)   before 9:00 a.m. or after 11:00 p.m. Monday through Saturday; or

(c)   before 9:00 a.m. or after 8:00 p.m. on Sunday.

(Ord. 947; Ord. 1100)