“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.

The “Cereal Malt Beverage License” issued by the city of Haysville pursuant to this article, authorizes the sale of cereal malt beverage as defined in section 3-101, by those retailers in compliance with this article and other laws and regulations that may apply.

(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.

(c)   It shall be unlawful to sell Cereal Malt Beverage for consumption at a special event located upon unpermitted premises within the City (Special Event site) without obtaining both a Special Event Retailers’ Permit and a General Retailers’ License. Individuals are encouraged to apply for a Special Event Retailers’ Permit at least thirty (30) days prior to applying for the associated General Retailers’ License to complete the approval processes of both the proposed special event and special event site. (1) A special event retailers’ permit shall specify the premises, including outdoor area, for which the permit is issued, and may be held on public property with approval of the Governing Body; (2) a special event retailers’ permit shall be issued for the duration of the identified special event, the dates and hours of which shall be specified in the permit; (3) no more than four special event retailers’ permits may be issued to any one applicant in a calendar year; (4) a special event retailers’ permit shall not be transferable or assignable, to either another person, another location, or another date; (5) if a premises waiver, as described in Section 9, is required, such waiver must be obtained as part of the Special Event Retailers’ permitting process; (6) a Special Event Retailers’ Permit must be posted at the Special Event site during all hours of operation of the Special Event site; and (7) a special event retailers’ permit holder shall not be subject to the provisions of the beer and cereal malt beverage keg registration act.

Any person desiring a license shall make an application to the governing body of the city and accompany the application by the required 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;

(b)   The particular place for which a license is desired;

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

(d)   The names and addresses of all persons who hold any financial interest in the particular place of business for which a license is desired;

(e)   A statement that the applicant is a citizen of the United States and not less than 21 years of age and that he or she has not within two 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;

(f)   Each application for a general retailer’s license shall be accompanied by a certificate from the official(s) designated by the Director of Public Works certifying that he or she has inspected the premises to be licensed; and

(g)   Each application for a general retailer’s license must be accompanied by a certificate from the county fire marshal certifying that he or she has inspected the premises to be licensed.

The application shall be accompanied by a statement, signed by the applicant, authorizing any governmental agency to provide the city with any information pertinent to the application. Upon receipt of all information required by this article, verification by the city inspector that the premises for which a license is sought meets all zoning regulations and that such premises has passed inspection by the county fire department, and after the city inspector, chief of police and city attorney review such application, the application shall then be scheduled for consideration by the governing body at the earliest meeting consistent with current notification requirements.

(Ord. 1088; Code 2022)

(a)   All applications for a new and renewed cereal malt beverage license shall be submitted to the city clerk.

(b)   The city clerk’s office shall notify the applicant of an existing license 30 days in advance of its expiration.

(c)   The clerk’s office shall provide copies of all applications to the police department, to the fire department, and to the county health department, when they are received. The police department will run a record check on all applicants and the fire department and health department will inspect the premises. The departments will then recommend approval, or disapproval, of applications within 15 working days of the department’s receipt of the application.

(d)   The governing body will not consider any application for a new or renewed license that has not been submitted 15 days in advance and been reviewed by the above city departments.

(e)   An applicant who has not had an cereal malt beverage license in the city shall attend the governing body meeting when the application for a new license will be considered.

(a)   The minutes 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.

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

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 Sedgwick 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 non-residence 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.

(a)   No license shall be issued for the sale at retail of any cereal malt beverage on premises which are located in areas not zoned for such purpose except for waivers associated with a Special Event Retailer’s License or as otherwise provided for within this section.

(b)   It shall be unlawful to sell or dispense at retail any cereal malt beverage at any place within the city limits that is within a 200-foot radius of any church or school measured from the nearest property line to the nearest property line of a church or school.

(c)   Provisions shall not apply to any establishment holding a private club license issued by the State of Kansas.

(d)   The distance limitation of subsection (b) above shall not apply to any establishment holding an cereal malt beverage license issued by the city when the licensee has petitioned for and received a waiver of the distance limitation. The governing body shall grant such a waiver only following public notice and hearing.

Special Event Retailers’ Licenses 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.

(a)   Special Event Retailers’ License shall in no manner be construed to allow Cereal Malt Beverages to be consumed inside vehicles while on public streets, alleys, roads or highways regardless of the boundaries of any such Special Event permitted site.

(b)   No person shall remove any Cereal Malt Beverage from inside the boundaries of a Special Event permitted site as such area is described within the approved Special Event Permit.

(c)   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.

(d)   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.

(e)   The Governing Body shall require the holder of the Special Event Retailers’ License 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.

(f)   Special Event means a picnic, bazaar, festival or other similar community gathering.

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

(a)   General Retailer - for each place of business selling cereal malt beverages at retail, as set forth in Chapter 17.

(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, as set forth in Chapter 17.

(c)   Special Event Retailer - In addition to the fees charged for General Retailers Licenses, there shall be a daily fee assessed for a Special Event Retailers’ Permit based upon the number of days requested to operate the Special Event site, payable upon approval of the Special Event Retailers’ Permit, such fees as set forth in Chapter 17 of this municipal code.

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. There shall be no refunds in cases where the licensee quits business prior to the end of the calendar year.

The chief of police, upon five days’ written notice, shall have the authority to suspend such license for a period not to exceed 30 days, for any violation of the provisions of this article or other laws pertaining to cereal malt beverages, which violation does not in his or her judgment justify a recommendation of revocation. The licensee may appeal such order of suspension to the governing body within seven days from the date of such order.

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 section or has become ineligible to obtain a license under this section;

(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;

(f)   For permitting any person to mix drinks with materials purchased in any premises licensed 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;

(j)    The nonpayment of any license fees;

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

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

The licensee, within 20 days after the order of the governing body revoking any license, may appeal to the district court of Sedgwick county and the district court shall proceed to hear such appeal as though such court had original jurisdiction in the matter. Any appeal taken shall not suspend the order of revocation of the license of any licensee, nor shall any new license be issued to such person or any person acting for or on his or her behalf, for a period of six months thereafter.

If a licensee desires to change the location of his or her place of business, he or she shall make an application to the governing body showing the same information relating to the proposed location as in the case of an original application. Such application shall be accompanied by a fee as provided in Chapter 17 of the City Code. If the application is in proper form and the location is not in a prohibited zone and all other requirements relating to such place of business are met, a new license shall be issued for the new location for the balance of the year for which a current license is held by the licensee.

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 to sell the same within this city unless such wholesaler and/or distributor has first secured a license from the director of revenue, state commission of revenue and taxation of the State of Kansas authorizing such sales.

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

(a)   The place of business licensed, and operating 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), no cereal malt beverages may be sold or dispensed;

(1)   Between the hours of 12:00 midnight and 6:00 a.m.;

(2)   in the original package before 9:00 a.m. or after 8:00 p.m. on Sunday;

(3)   on Easter Sunday; or

(4)   for consumption on the licensed premises 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 licensed premises.

(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. 41-2601, et seq. and amendments thereto, 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 21 years of age.

(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 18 years of age in dispensing cereal malt beverages. No licensee shall employ any person who has been judged guilty of a felony.

(Ord. 1100)

The following conduct by a cereal malt beverage licensee, manager or employee of any licensed cereal malt beverage establishment 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/female’s 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).

(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.

(g)   The term premises means the premises licensed by the city as a cereal malt beverage establishment and such other areas, under the control of the licensee or his or her employee or employees, that are in such close proximity to the licensed premises that activities and conduct of persons within such other areas may be viewed by persons on or within the licensed premises.

All parts of the licensed premises including furnishings and equipment shall be kept clean and in a sanitary condition, free from flies, rodents and vermin at all times. The licensed premises shall have at least one restroom for each sex easily accessible at all times to its patrons and employees. The restroom shall be equipped with at least one lavatory with hot and cold running water, be well lighted, and be furnished at all times with paper towels or other mechanical means of drying hands and face. Each restroom shall be provided with adequate toilet facilities which shall be of sanitary design and readily cleanable. The doors of all toilet rooms shall be self-closing and toilet paper at all times shall be provided. Easily cleanable receptacles shall be provided for waste material and such receptacles in toilet rooms for women shall be covered. The restrooms shall at all times be kept in a sanitary condition and free of offensive odors and shall be at all times subject to inspection by the city health officer or designee.

(a)   No person under legal age for consumption of Cereal Malt Beverage shall obtain or purchase, or attempt to obtain or purchase, cereal malt beverage from any person except as authorized by law. Violation of this subsection by a person eighteen (18) or more years of age but less than the legal age for consumption of cereal malt beverage is a misdemeanor punishable by a fine of not less than $100 and not more than $250 or by forty (40) hours of public service, or by both.

(b)   No person under the legal age for consumption of Cereal Malt Beverage shall possess or consume Cereal Malt Beverage except as authorized by law. Violation of this subsection by a person eighteen (18) or more years of age but less than the legal age for consumption of cereal malt beverage is a misdemeanor punishable:

(1)   By a fine of not less than $100 and not more than $250 or by forty (40) hours of public service, or by both, if committed on licensed premises; or

(2)   By a fine of not less than $25 and not more than $250 or by ten (10) hours of public service, or by both, if committed on any other premises.

(c)   Any person less than eighteen (18) years of age who violates this section is a juvenile offender under the Kansas Juvenile Justice Code and, upon adjudication thereof, shall be required as a condition of disposition to pay for the fine or perform the public service, or both, specified as punishment for the offense under subsection (a) or (b).

(d)   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.

(a)   Furnishing Cereal Malt Beverage to a minor is buying for or selling, giving or furnishing, whether directly or indirectly, any Cereal Malt Beverage to any person under the legal age for consumption.

(b)   Furnishing Cereal Malt Beverage to a minor is a Class B Misdemeanor.

(c)   This section shall not apply to the furnishing of Cereal Malt Beverage by a parent or legal guardian to such parent’s child or such guardian’s ward.

(a)   No retailer, or employee or agent of a retailer, licensed to sell Cereal Malt Beverage for consumption on the licensed premises shall:

(1)   Offer or serve any free drink to any person;

(2)   Serve more than two (2) drinks to one person at one time;

(3)   Sell, offer to sell or serve to any one person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the general public;

(4)   Sell, offer to sell or serve any drink to any person or anyone at a price less than that charged the general public on that day, except at private functions not open to the general public;

(5)   Increase the size of a drink of Cereal Malt Beverage without increasing proportionately the price regularly charged for the drink on that day;

(6)   Encourage or permit, on the licensed premises, any game or contest which involves drinking Cereal Malt Beverage or the awarding of drinks as prizes; or

(7)   Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections (a) (1) through (6).

(b)   Nothing in subsection (a) shall be construed to prohibit a retailer from:

(1)   Offering free food or entertainment at any time; or

(2)   Including a drink as part of a meal package.

(c)   Violation of any provisions of this section is a Class C misdemeanor punishable as provided by sections 11-1201.

(d)   Violation of any provisions of this article shall be grounds for suspension or revocation of the retailer’s license as provided by Section 3-113.

(e)   As used in this section, “drink” means an individual serving of Cereal Malt Beverage.

No person, while in a tavern or place of business, shall have in his or her possession any alcoholic liquor on the premises where Cereal Malt Beverages are sold, other than a club licensed by the Alcoholic Beverage Commission. Any person violating the provisions of this section shall be deemed guilty of a violation of this code and upon conviction thereof, shall be punished by a fine of not more than one-hundred dollars ($100) and by imprisonment for not more than thirty (30) days.

It shall be unlawful for any person to have Cereal Malt Beverage in an open container in their possession, upon any public street, public right-of-way, public owned property or parking lot open to the public within the corporate city limits. Any person violating this section shall on conviction thereof be fined not less than twenty-five dollars ($25) nor more than five-hundred dollars ($500) or imprisoned not more than six (6) months or both fined and imprisoned.

It shall be unlawful for the owner, manager, operator, proprietor, employees or person in charge of any place of business wherein Cereal Malt Beverages are sold, within the corporate limits of the city, to allow, permit or suffer to knowingly fail to report to the police, any person or persons to indulge in or practice any disorderly conduct. For purposes of this section, disorderly conduct is defined as: with knowledge or probable cause to believe that such acts will alarm, anger or disturb others or provoke an assault or breach of the peace:

Engaging in brawling or fighting;

(a)   Disturbing an assembly, meeting, or processing, not unlawful in its character;

(b)   Addressing abusive language to any person present, which is likely to provoke a violent response;

(c)   Doing of any act with knowledge or probable cause to believe that such act will alarm, anger or disturb others or provoke an assault or any other breach of the peace.

Any person violating any of the provisions of this article where the penalty has not otherwise been fixed, shall upon conviction thereof, be fined in accordance with the general penalty provisions of this code as set out in section 1-121.

(Ord. 1059)