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.

(Prior Code 2016 §600.060; Ord. 2471; Code 2021)

(a)   There is hereby levied a biennial license fee in the amount of five hundred dollars ($500.00) on each retail liquor store located in the City which has a retailers license issued by the State Director of Alcoholic Beverage Control.

(b)   Said biennial license fee shall be paid in two (2) installments of two hundred fifty dollars ($250.00) each. The first (1st) installment shall be due before business is begun under an original or renewal of a State license and the second (2nd) installment shall be due one (1) year from the date of issuance of the State license. Failure to pay the full amount due under this paragraph on the date it is due shall result in the automatic cancellation of such license for the remainder of the license term.

(c)   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, fire safety, or alcoholic beverage ordinances of the City.

(d)   The license period shall extend for the period covered by the State license. No license fee shall be refunded for any reason.

(e)   Every licensee shall cause the City license to be placed in plain view next to or below the State license in a conspicuous place on the licensed premises.

(K.S.A. 41-310(l)(1); Ord. 3031; Prior Code 2016 §600.065; Code 2021)

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 2021)

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.

(Prior Code 2016 §600.085; C.O. No. 17; Ord. 2864; Ord. 2895; K.S.A. 41-712; K.S.A. 41-2911; Code 2021)

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 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

(a)   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.

(Prior Code 2016 §600.070:600.080; CC 1968 §3-102; Ord. 2624; C.O. No. 17; Ord. 2872 Code 2021)

(a)   No alcoholic liquor shall be sold by a person holding a license or permit from the city whose place of business or other premises are located within 200 feet of any school, college or church, said distance to be measured from the nearest property line of such school, college or church to the nearest portion of the building occupied by the premises; except that if any such school, college or church is established within 200 feet of any licensed premises after the premises have been licensed, the premises shall be an eligible location for retail licensing.

(b)   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.

(K.S.A. 41-710; Code 2021)