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HomeMy Public PortalAboutOrd 366 Cereal Malt Beverage /..J f dayof /)^^' D (First Published in the Ark Valley News on the 1ft') ~ 2002.) THE CITY OF BEL AIRE, KANSAS ORDINANCE NO. 366 AN ORDINANCE REQUIRING A LICENSE TO SELL CEREAL MALT BEVERAGES AT RETAIL; PROVIDING FOR APPLICATION FOR SUCH LICENSE; ESTABLISHING FEES FOR SAID LICENSE, PROVIDING FOR THE EXAMINATION OF THE APPLICATION, ISSUANCE OF LICENSE AND DISQUALIFICATION; PROVIDING FOR REGULA TIONS; PROVIDING FOR CHANGE OF LOCATION; MAKING SALES ON CREDIT UNLA WFUL AND PROVIDING FOR VIOLATION AND PENAL TIES. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: THAT THE FOLLOWING DESCRIBED IS HEREBY ADOPTED FOR THE CITY OF BEL AIRE. SECTION 1. LICENSE REQUIRED. a. No person shall sell any cereal malt beverages within the corporate limits of this city without having first secured a valid license issued by the City for the place of business at which such retail sales are made, b. It shall be unlawful for any person holding a license for the sale at retail of cereal malt beverages only in original and unopened containers and not for consumption on the premises, to sell such beverages in any other manner than is provided for in the license c. The names and addresses of all persons who hold any financial interest in the particular place of business of which a license is desired. d. Each application for a general retailer's license shall be accompanied by a certificate from the City health officer certifying that the premise to be licensed has been inspected and that the premises comply with the health code and ordinances of the city. e. Each application for a general retailer's license must be accompanied by a certificate from the Sedgwick County Fire Marshall certifying that the premises to be licensed comply with the applicable city fire code. SECTION 2. APPLICATION FOR LICENSE. Any person desiring to secure a license under the provisions of this article shall make a verified application in duplicate to the City Clerk and accompany the application by the required license fee for the place of business for which a license is required. The application shall be verified and upon a form which shall have been approved by the Attorney General of the State of Kansas and shall contain: 1 a. The name and residence of the applicant, and how long he has resided within the State of Kansas; 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. A statement that the applicant is a citizen of the United States and not less than twenty-one (21) years of age and that he has not within two (2) 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 of driving a motor vehicle while under the influence of intoxicating liquor, or of the violation of any other intoxicating liquor law of any state of the United States; e. All applications for a new or renewed cereal malt beverage license shall be submitted to the City Clerk; f. The City Clerk shall notify the holder of an existing license 30 days in advance of its expiration; g. At the direction of the City Administrator, the City Clerk shall provide copies of all applications to the City Administrator. The police department shall run a records check on all applicants, the fire department and health officer will inspect the premises in accordance with city fire codes and ordinances. The police, fire and health information will be submitted with recommendation within five working days of the department's receipt of the application; h. Upon completion of the application review, the City Administrator shall submit the application and recommendation to the governing body within 20 days of receipt of the application. An application fee of $50.00 for a license to retail cereal malt beverages shall not be refundable whether the license is approved or denied. SECTION 3. LICENSE FEES, NO REFUNDS; NONTRANSFERABLE, Rules and regulations pertaining to licenses and fees for such shall be as follows: a. The following fees are hereby prescribed for each license authorized by this article; 1. General Retailer - For each place of business selling cereal malt beverages at retail, two-hundred twenty-five dollars ($225.00) (Set by the State of Kansas) for the calendar year; 11. Limited Retailer - For each place of business selling only at retail cereal malt beverages in original and unopened containers and not for consumption on premises, seventy-five dollars ($75.00) (Set by State of Kansas) per calendar year. b. The full amount of the license fee shall be required regardless of the time of 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 for which the license shall be issued. There shall be no refund in any case when licensees quit 2 business prior to the end of the calendar year, or when the license is revoked for any cause provided for under this article. No License hereunder shall be transferable to another person. SECTION 4, EXAMINATION OF APPLICATION; ISSUANCE OF LICENSE; DISQUALIFICA TION, If the application is in proper form and accompanied by cash in the amount of the license fee, the governing body shall examine the application and after such examination of the governing body of the city, shall, if the application is qualified as provided by law, issue a license as required by law; PROVIDED, that 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 (1) year and a resident of the County of Sedgwick for at least six (6) months prior to filing of the application; b. A person who is not of good character and reputation in the community in which he resides; c. A person who is not a citizen of the United States; d. A person who within two (2) years immediately preceding the date of the application has 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 the state or of the United States; e. A partnership, unless one of the copartners is a resident of Sedgwick County in which the premises covered by the license is located and unless all the members of such co-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 twenty-five percent (25%) of the stock of such corporation, would be ineligible to receive a license hereunder for any reason other than citizenship or non-residence within the city or county; g. A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required of the licensee. The journal of the governing body shall show the action taken on the application and if the license is granted the governing body shall direct the City Clerk to issue the proper license, Among other things, the license shall state that it is not transferable to other person in the calendar year for which issued. The license shall be kept posted in a conspicuous place in the place of business licensed. SECTION 5. RESTRICTION UPON LOCATION. 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. 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 300-foot radius of any church, school or library as measured between buildings. 3 c. The provisions of this section shall not apply to any establishment holding a private club license issued by the State of Kansas. SECTION 6. REGULATIONS; MINORS: SANITATION. Provisions relating to the hours of closing, standards of conduct, mmors in the establishment and other regulations shall be as follows: a. No cereal malt beverages may be sold between the hours of twelve o'clock (12:00) midnight and six o'clock (6:00) a.m. of any day or any Sunday or on the day of any national, state, county or city election, including primary election, during the hours the polls are open, within the corporate limits of the city. b. Wholesalers and/or distributors. 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 under this title of the Code to sell the same within the city unless such wholesaler and/or distributor has first secured a license from the State of Kansas authorizing such sales; c. No private rooms or closed booths shall be operated in any licensed place of business; d. The licensed place of business shall be open to the public and to police officers of the city at all times during business hours; e. No person under twenty-one (21) years of age shall be permitted to buy or drink any of such beverages in or about the place of business; f. No person shall have any alcoholic liquor in his possession while in the place of business; g. The licensee, in the operation of such place of business, shall at all times comply with the sanitary and health regulations and ordinances of the city. Sanitary Conditions required. 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 a least one ADA compliance 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. Easily cleanable receptacles shall be provided for waste material and such receptacles in toilet rooms for woman 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, h. The place of business licensed and operating under this article shall at all time have a front and rear exit unlocked when open for business. 4 SECTION 7. REVOCATION OF LICENSE. Provisions relating to revocation of licenses shall be as follows: a. The City Administrator, 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 chapter or other laws pertaining to cereal malt beverages, which violation does not in his or her judgment justify a recommendation of revocation. The license may appeal such order of suspension to the governing body within seven days from the date of such order. The City Administrator shall revoke or suspend such license for anyone ofthe following reasons: 1. If a license has fraudulently obtained the license by giving false information in the application therefore; 2. If the licensee has violated any of the provisions of this article or any rule or regulation made by the governing body as the case may be; 3. If the licensee has become ineligible to obtain a license in this article; 4. Drunkenness of the person holding such license or permitting any intoxicated person to remain in such place; 5. The sale of cereal malt beverages to those under the age of twenty- one (21) years; 6. The nonpayment of any license fees; 7. For permitting any gambling in or upon such premises; 8. For permitting any person to mix drinks with material purchased in the place of business or brought in for this person; 9. For the employment of persons under twenty-one (21) years of age in dispensing cereal malt beverages; 10. For the employment of persons who have been adjudged guilty of felony or any violation of the intoxicating liquor law; 11. For the sale or possession of or for permitting any person to use or consume, upon or in the premises, alcoholic liquor as defined by the laws of the State of Kansas relating thereto: Provided, that the provisions of the foregoing subsections (8) and (11) of this subsection shall not apply if such place of business or premises are also currently licensed as a club under a license issued by the State Director of Alcoholic Beverage Control. Within twenty (20) days after the order of the governing body revoking any license, the licensee may appeal to the district court of the county in the manner as now provided by law in appeals from the probate court: Provided, that any appeal taken from an order revoking or suspending any such license shall not suspend the order of revocation or suspension during the pendency of any such appeal. In case of the revocation of the license of any licensee, no new license shall be issued to such person or any person acting for or on his behalf, for a period of six (6) months thereafter. 5 SECTION 8. CHANGE OF LOCATION. The place of business of any licensee may be changed from one location to another within the city upon special application to the governing body describing the new location and upon the approval of the governing body and the payment of a fee of fifteen dollars ($15.00). SECTION 9. SALE ON CREDIT UNLAWFUL. It shall be unlawful for any retailer to sell or furnish cereal malt beverages at retail to any person on credit or on a passbook or order on a store, or in exchange for any goods, wares or merchandise or for any payment of services rendered. SECTION 10. VIOLA TION PENALTY. Any person violating the provisions of Section 1, Section 5, Section 6, Section 7 or Section 8 of this Ordinance upon conviction shall be deemed guilty of a misdemeanor and shall be punished by a fine or not more than five hundred dollars or confinement for not more than one year, or both. SECTION 11. AMENDMENT OF ORDINANCE 21. Ordinance 21 is hereby amended. SECTION 12. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its publication in the official City publication. Passed by the City Council this ;r ;"/ day of ~J ~ 2002. " \ ~~~~~,the Mayor this ;? I1cl day of '. ,,'-1"7' &.,.. "'c (, '/('l~y "If Z,\ ". ,,:.. ~" l,.io ~ .'/ l' \'. I \ ,. ,.'''' t: ! \'~ITI\~, \'~;;, " ,'~ .-, i r \ I r . iiMlj ,,_'CITTlr, -< .':-:::-~l:.f,' " Sl;ALrii4 I 1 ;:'1 ~ h \., I T i ~. S T 'l> /(, \'l:"V '... '; I r <>,' 2002. ATTEST: ~~ ilc/iU CITY CLE , SHERRYL L. CUTTER 6