(a) Alcoholic liquor: Means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.
(b) Caterer: Means an individual, partnership or corporation that sells alcoholic liquor by the individual drink, and provides services related to the serving thereof, on unlicensed premises that may be open to the public, but does not include a holder of a temporary permit selling alcoholic liquor in accordance with the terms of such permit.
(c) Cereal Malt Beverage: Means cereal malt beverage as that term is defined in K.S.A. 41-2701, and amendments thereto, and such term shall include beer containing not more than 6% alcohol by volume when such beer is sold by a retailer licensed under the Kansas cereal malt beverage act.
(d) Class A Club: A premises that is owned or leased by a corporation, partnership, business trust or association and that is operated thereby as a bonafide nonprofit social, fraternal or war veterans’ club, as determined by the state of Kansas, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates (hereinafter referred to as members), and their families and guests accompanying them.
(e) Class B Club: A premises operated for profit by a corporation, partnership or individual, to which members of such club may resort for the consumption of food or alcoholic beverages and for entertainment.
(f) Club: Means a Class A or Class B club.
(g) Drinking Establishment: Means premises that may be open to the general public, where alcoholic liquor by the individual drink is sold.
(h) Temporary Permit: Means a permit, issued in accordance with the laws of the state of Kansas, which allows the permit holder to offer for sale, sell and serve alcoholic liquor for consumption on unlicensed premises, open to the public.
(Code 1988; Ord. 577; Code 2003)
(a) No alcoholic liquor shall be sold or served by a person holding a license or permit from the city whose place of business or other premises are located within five hundred (500) feet of any church, school, or library, said distance to be measured from the nearest property line of such church, school, or library, to the nearest portion of the building occupied by the premises.
(b) The distance location of subsection (a) above shall not apply to a club, drinking establishment, caterer or temporary permit holder when the license or permit applicant petitions for and receives a waiver of the distance limitation from the governing body. The governing body shall grant such a waiver only following public notice and hearing and a finding by the governing body that the proximity of the establishment is not adverse to the public welfare or safety.
(c) No license or permit shall be issued for the sale of alcoholic liquor if the building or use does not meet the zoning ordinance requirements of the city or conflicts with other city laws, including building and health codes.
(d) Pursuant to this Code, a Special Event Permits may be issued for an identifiable outdoor location including public sites (Special Event permitted site), but shall not be located within a public roadway unless such roadway shall have been closed to traffic by action of the Governing Body.
(1) A Special Event Permit shall in no manner be construed to allow alcoholic beverage(s) to be consumed inside vehicles while on public streets, alleys, roads or highways regardless of the boundaries of any such Special Event permitted site.
(2) No person shall remove any alcoholic beverage from inside the boundaries of a Special Event permitted site as such area is described within the approved Special Event Permit.
(3) The boundaries of such Special Event permitted site shall be clearly marked by signs, a posted map, fence or other means which reasonably identify the area in which cereal malt beverage may be possessed or consumed at such Special Event, as approved through the special event permit application process.
(4) No person shall possess or consume either cereal malt beverage or alcoholic liquor inside the premises licensed as a Special Event that was not sold or provided by the licensee holding the associated State and/or City issued permits and licenses.
(5) The Governing Body may shall require the holder of the Special Event Permit to provide adequate insurance, naming the City as an additional insured, if such Special Event is to take place on any public property or roadway.
(6) Special Event means a picnic, bazaar, festival or other similar community gathering which has been approved by the Governing Body.
(Code 1988; K.S.A. 41-719; Code 2015)
(a) It shall be unlawful for any person under the age of twenty-one (21) years to remain on any premise where the sale of alcoholic is licensed for on-premise consumption, or where a caterer or temporary permit holder is serving alcoholic liquor.
(b) It shall be unlawful for the owner, operator, lessee, manager or person in charge of any premise licensed for on-premise consumption of alcoholic liquor, or a caterer or temporary permit holder who is serving alcoholic liquor, to permit any person under the age of twenty-one (21) years to remain on the premises.
(c) This section shall not apply if the person under the age of twenty-one (21) years is accompanied by his or her parent or guardian; or if the person under twenty-one (21) years of age is at least eighteen (18) years of age and employed at the premises as a server as defined by K.S.A. 41-2610; or if the licensed or permitted premise derives not more than fifty percent (50%) of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premise consumption.
(Code 1988; Ord. 577; Code 2003, Ord. 842, Code 2004)
No person shall drink or consume any alcoholic liquor on city owned public property, except in accordance with a properly issued Special Event Permit issued by the City and associated with a temporary permit issued by the State.
(Code 1988; Ord. 577; K.S.A. 41-719; Code 2015)
If the licensee or permit holder has violated any of the provisions of this article the governing body of the city, upon five (5) days written notice to a person holding a license or permit to sell alcoholic liquor, may permanently revoke or cause to be suspended for a period of not more than thirty (30) days such license or permit and the individual holding the license or permit may be charged in municipal court with a violation of the alcoholic liquor laws of the city and upon conviction shall be punished by:
(a) a fine of not more than $499; or,
(b) imprisonment in jail for not more than 179 days; or
(c) both such fine and imprisonment not to exceed (a) and (b) above.
(Code 1988; Ord. 577; Code 2003)
It shall be unlawful for any person granted a drinking establishment license by the state of Kansas to sell or serve any alcoholic liquor authorized by such license within the city without first obtaining a city license from the city clerk.
(Code 1988; Ord. 577; Code 2003)
(a) There is hereby levied a biennial license fee on each drinking establishment located in the city that has a drinking establishment license issued by the State Director of Alcoholic Beverage Control as set out in the Chapter 17.
(b) All applications for new or renewal city licenses shall be submitted to the city clerk. Upon presentation of a state license or within five (5) days of the effective date of the state license, payment of the city license fee and the license application, the city clerk shall issue a city license for the period covered by the state license, if there are no conflicts with any zoning or alcoholic beverage ordinances of the city. An additional fee as set out in Chapter 17 will be assessed if more than five (5) days have lapsed after the effective date of the state license.
(c) The license period shall extend for the period covered by the state license. No license fee shall be refunded for any reason.
(d) Every licensee shall cause the city drinking establishment license to be placed in plain view next to or below the state license in a conspicuous place on the licensed premises.
(Code 1988; Ord. 577; 577-A; Code 2003; Ord. 976)
(a) No drinking establishment licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor on its premises between the hours of 2:00 a.m. and 6:00 a.m. on any day.
(b) Cereal malt beverages may be sold on premises licensed for the retail sale of cereal malt beverage for on premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises.
(c) No alcoholic beverages or cereal malt beverages shall be given, sold or traded to any person under twenty-one (21) years of age.
(Code 1988; Ord. 577; Code 2003)
If the licensee has violated any of the provisions of this article, the governing body of the city, upon five (5) days’ written notice to the person holding such license to sell alcoholic liquor, may permanently revoke or cause to be suspended for a period of not more than thirty (30) days such license and the individual holding the license may be charged in municipal court with a violation of the alcoholic liquor laws of the city and upon conviction shall be punished by:
(a) A fine of not more than $499; or
(b) Imprisonment in jail for not more than 179 days; or
(c) Both such fine and imprisonment not to exceed (a) and (b) above.
(Code 1988; Ord. 577; Code 2003)
It shall be unlawful for any person granted a private club license by the state of Kansas to sell or serve any alcoholic liquor authorized by such license within the city without first obtaining a local license from the city clerk.
(Code 1988; Ord. 577; Code 2003)
(a) There is hereby levied a biennial license fee on each private club located in the city that has a private club license issued by the state director of alcoholic beverage control, which fee shall be paid before business is begun under an original state license and within five (5) days after any renewal of a state license. The fee shall be as set out in Chapter 17.
(b) All applications for new or renewal city licenses shall be submitted to the city clerk. Upon presentation of a state license, payment of the city license fee and the license application, the city clerk shall issue a city license for the period covered by the state license, if there are no conflicts with any zoning or alcoholic beverage ordinances of the city. An additional fee as set out in Chapter 17 will be assessed if more than five (5) days have lapsed after the effective date of the state license.
(c) The license period shall extend for the period covered by the state license. No license fee shall be refunded for any reason.
(d) Every licensee shall cause the city club license to be placed in plain view next to or below the state license in a conspicuous place on the licensed premises.
(Code 1988; Ord. 577; Code 2003; Ord. 976)
(a) No club licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor on its premises between the hours of 2:00 a.m. and 9:00a.m. on any day.
(b) Cereal malt beverages may be sold on premises licensed for the retail sale of cereal malt beverages for on-premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises.
(c) No club membership shall be sold to any person under twenty-one (21) years of age, nor shall alcoholic beverages or cereal malt beverages be given, sold or traded to any person under twenty-one (21) years of age.
(Code 1988; Ord. 577; Code 2003)
If the licensee has violated any of the provisions of this article the governing body of the city, upon five (5) days’ written notice to the person holding such license to sell alcoholic liquor, may permanently revoke or cause to be suspended for a period of not more than thirty (30) days such license and the individual holding the license may be charged in municipal court with a violation of the alcoholic liquor laws of the city and upon conviction shall be punished by:
(a) A fine of not more than $499; or
(b) Imprisonment in jail for not more than 179 days; or
(c) Both such fine and imprisonment not to exceed (a) and (b) above.
(Code 1988; Ord. 577; Code 2003)
It shall be unlawful for any person licensed by the state of Kansas as a caterer to sell alcoholic liquor by the drink, to sell or serve any liquor by the drink within the city without obtaining a local caterer’s license from the city clerk.
(Code 1988; Ord. 577; Code 2003)
(a) There is hereby levied a biennial license fee as set out in Chapter 17, on each caterer doing business in the city who has a caterer’s license issued by the State Director of Alcoholic Beverage Control, which fee shall be paid before business is begun under an original license and within five (5) days after any renewal of a state license.
(b) All applications for new or renewal city licenses shall be submitted to the city clerk. Upon presentation of a state license, payment of the city license fee and the license application, the city clerk shall issue a city license for the period covered by the state license, if there are no conflicts with any zoning or alcoholic beverage ordinances of the city.
(c) The license period shall extend for the period covered by the state license. No license fee shall be refunded for any reason.
(d) Every licensee shall cause the caterer license to be placed in plain view on any premises within the city where the caterer is serving or mixing alcoholic liquor for consumption on the premises.
(Code 1988; Ord. 577; Code 2003; Ord. 976)
(a) No caterer licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor between the hours of 2:00 a.m. and 6:00 a.m. on any day
(b) No alcoholic beverages or cereal malt beverages shall be given, sold or traded to any person under twenty-one (21) years of age.
(Code 1988; Ord. 577; Code 2003)
Prior to any event at which a caterer will sell or serve alcoholic liquor by the individual drink, the caterer shall provide written notice to the chief of police at least fifteen (15) days prior to the event if the event will take place within the city. The notice shall contain the location, name of the group sponsoring the event, and the exact date and times the caterer will be serving.
(Code 1988; Ord. 577; Code 2003)
If the licensee has violated any of the provisions of this article, the governing body of the city, upon five (5) days’ written notice to the person holding such license to sell alcoholic liquor, may permanently revoke or cause to be suspended for a period of not more than thirty (30) days such license and the individual holding the license may be charged in municipal court with a violation of the alcoholic liquor laws of the city and upon conviction shall be punished by:
(a) A fine of not more than $499; or
(b) Imprisonment in jail for not more than 179 days; or
(c) Both such fine and imprisonment not to exceed (a) and (b) above.
(Code 1988; Ord. 577; Code 2003)
It shall be unlawful for any person granted a temporary permit by the state of Kansas to sell or serve any alcoholic liquor within the city without first obtaining a local temporary permit from the city clerk, and a Special Event Permit if applicable to the site and/or event.
(Code 1988; Ord. 577; Code 2003; Code 2015)
(a) There is hereby levied a temporary permit fee as set out in Chapter 17, on each group or individual holding a temporary permit issued by the director of alcoholic beverage control authorizing sales within the city, which fee shall be paid before the event is begun under the state permit.
(b) In addition to the fees charged for a temporary permit fee as provided in subsection (a), there shall be a daily fee assessed for a Special Event Permit based upon the number of days requested to operate the Special Event site, payable upon approval of the Special Event Permit, such fees and payment schedule as set forth in Chapter 17 of this municipal code.
(Code 1988; Ord. 577; Code 2003; Code 2015)
(a) It shall be unlawful for any person to conduct an event under a state issued temporary permit without first obtaining a special event permit in conformance with this Code from the city at least fifteen (15) days before the event. Written application for the local temporary permit shall be made to the city clerk and shall clearly state:
(1) The name of the applicant;
(2) The group for which the event is planned;
(3) The location of the event;
(4) The date and the time of the event;
(5) Any anticipated need for police, fire or other municipal services.
(b) Upon presentation of a state temporary permit, payment of the city’s temporary permit fee and a written application as provided for in subsection (a), the city clerk shall issue a local temporary permit to the applicant if there are no conflicts with any zoning or other ordinances of the city.
(c) The city clerk shall notify the chief of police whenever a temporary permit has been issued and forward a copy of the permit and application to the chief of police.
(d) The provisions of this section shall be interpreted in conformance with K.S.A. 41-719.
(Code 1988; Ord. 577; Code 2003; K.S.A. 41-719; Code 2015)
(a) No temporary permit holder shall allow the serving, mixing or consumption of alcoholic liquor between the hours of 2:00 a.m. and 6:00 a.m. at any event for which a temporary permit has been issued.
(b) No alcoholic beverages or cereal malt beverages shall be given, sold or traded to any person under twenty-one (21) years of age.
(Code 1988; Ord. 577; Code 2003)
If the permit holder has violated any of the provisions of this article the governing body may revoke such temporary permit, and the individual holding the license may be charged in municipal court with a violation of the alcoholic liquor laws of the city and upon conviction shall be punished by:
(a) A fine of not more than $499; or
(b) Imprisonment in jail for not more than 179 days; or
(c) Both such fine and imprisonment not to exceed (a) and (b) above.
(Code 1988; Ord. 577; Code 2003)
The following conduct by a club licensee or employee of any licensed club is deemed contrary to public welfare and is prohibited:
(a) Remaining or permitting any person to remain in or upon the premises who exposes to view any portion of the female breasts below the top of the areola or any portion of males/females pubic hair, anus, buttocks or genitals;
(b) Permitting any employee on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva, or genitals of any other employee or any patron;
(c) Encouraging or permitting any patron on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva, or genitals of any employee;
(d) Performing or permitting any person to perform on the licensed premises acts of or acts which simulate:
(1) Sexual intercourse, masturbation, sodomy, or any other sexual act which is prohibited by law; or
(2) Touching, caressing or fondling such persons’ breasts, buttocks, anus or genitals.
(e) Using or permitting any person to use on the licensed premises, any artificial devices or inanimate objects to depict any of the acts prohibited by paragraph (d) of this section.
(f) Showing or permitting any person to show on the licensed premises any motion picture, film, photograph, electronic reproduction, or other visual reproduction depicting:
(1) Acts or simulated acts of sexual intercourse, masturbation, sodomy, or any sexual act which is prohibited by law;
(2) The touching, caressing or fondling of the buttocks, anus, genitals or the female breasts;
(3) Scenes in which a person displays the buttocks, anus, genitals or the female breasts.
(Ord. 471; Code 1984, Sec. 3-415)