CHARTER ORDINANCE EXEMPTING THE CITY OF PAOLA, KANSAS FROM ALL THE PROVISIONS OF K.S.A. 41-712 WHICH PROHIBITS ALCOHOLIC LIQUOR SALES ON SUNDAY AND CERTAIN HOLIDAYS.

WHEREAS, the City of Paola, Kansas is authorized to exercise the powers, functions and duties of a city of the second class, including home-rule powers in the manner and subject to the limitations provided by Article 12, Section 5 of the of the Constitution of the State of Kansas; and

WHEREAS, K.S.A. 41-712 was adopted in 1949 as part of as enactment in Chapter 242 of the Session Laws, commonly known as the Kansas Liquor Control Act, which enactment does not apply uniformly to all cities:

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF PAOLA, KANSAS:

SECTION ONE: Exemption Election. The City of Paola, Kansas by the powers vested in it by Article 12, Section 5(c) of the Constitution of the State of Kansas, hereby elects to and does exempt itself from and make inapplicable to it the provisions of K.S.A 41-712. K.S.A 41-712 is part of a legislative enactment commonly known as the Kansas Liquor Control Act enacted in Chapter 242 of the Session Laws of 1949. Such enactment is applicable to the City of Paola but is not uniformly applicable to all cities in the State of Kansas.

SECTION TWO: The City of Paola may enact by ordinary ordinance substitute and provide additional provisions in lieu of those from which it hereby exempts itself.

(02-22-2005)