The URL can be used to link to this page

Home My Public Portal AboutOrd 021 Cereal Malt Bev (Pub1 ished in the Daily Reporter, Februarv 8 . li~c1d1982 THE CITY OF BEL AIREt KANSAS ORDINANCE NO. 21 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 REGULATIONS; PROVIDING FOR CHANGE OF LOCATION; MAKING SALES ON CREDIT UNLAWFUL AND PROVIDING FOR VIOLATION AND PENALTIES. Be It Ordained by the Governing Body of the City of Bel Aire, K~rijis: That the following described is hereby adopted for the City of Bel Aire. ,.1 , Section 1. LICENSE REQUIRED. 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. 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. 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: (a) The name and residence of the applicant, and how long he has resided within the- State of Kansas; (d) ^ statement that the applicant is a citizen of the United States -: ('. and not less than twenty-one (~l) years of age and that he has not within l j) two (2) years immediately preceding t~e date of making application been convicted of a felony or any crime involMing moral turpitude, or been ir~~i} " - .i adjudged guilty of drunkenness, or of drivin~ ~ mot?r veh~cle while under the influence of intoxicating l~quor, 0: of ~~~ viol~t~on of an~ other intoxicating liquor law of. any state of the United State$'~ ',- C' Section 3. LICENSE FEES 1 NO ~~p~~~! ~g~T~SfERA&If,. Rules and , -><'" ." . ,"- ,~__; """'~"o regulations pertaining to licenses and fees {or such shall be as follows: .~,. .. ;.. f. \ :'~'oJ . ~. " , (a) The following fees are hereby prescribed for each license author-- .~ '.. .; ': ized by this article; (~) General Retailer--f,or each p'lace of business selling cereal 1 '. ..' \ .,;:::)'\ f.)' malt beverages at retail, two'~~d,~,9 dollars ($200.~O) for the, calendar year; ~ t 1" \0 (2 ) Limited Retailer--[or eac~ ~lace of business selling ?,nlr.. at retail cereal malt beverages in or,i&inal and unopened ~ontainers and not for consumption on premises, fifty dollars ($50.00) per calendar year. (b) The full amount of the license fee shall be X'equired regardless . of the ti~e of year in which the application is made, and the licensee \ shall only be authorized to operate under the license for the remainder tl\.. of the calendar year for which the license shall be issU~d. There shall be no refund in any case when licensees quit business prior to the end , rl -2- of the calender 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 LICE~SE; DIS- QUALIFICATION. 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 any 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 copartnership shall otherwise be qualified to obtain a license; (f) A corporation, if any manager, officer or director thereof or -3- l~.. ..... any stockholder owning in the aggregate more than twenty-five percent (25\) of the'"stock of such c01"poration, would be ineligible to 'receive ~, a license he~under for any reason other than citizenship and nonresidence -.., . \.i ;-J- \. wit~~n the city or county; .::{~1i:A-,~; " (g) A person whose place of business is conducted by a manager or ..,: ~),*.i"('. {'~.L c: ~gent unless the ,manager or agent possesses the same qualifications required .~_-::..i' ..pel of the licensee. 1 The journal of the governing body shall show the action taken on the ~ . ,,;;'. f" ;; application and if the license is grante~ the governing body shall direct \ ,~$t' .... ~te"">.I; the city clerk to issue t~~,,:Pl'Oper license. Amon~ ,~:her; ~hings, the license shall state that it is not transferable to other persons in the calendar ~- 't year for which issued. The license shall be kept posted in a conspicuous .,;.; f,~'l: 1-'"'\ . place in.the place of bU~,iness licensed. If an application for a license is refused, the license fee accompanying the same shall be immediately returned to the pe~son who has made such application. Section 5. REGULATIONS: HINORS; SANITATION. Provisions relating f\ 'J to the hours of closing" standards of conduct, minors in the establishment .t : .' ~ 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) No private rooms or closed booths shall be operated in any li- censed place of business; '" (c) The licensed p1.~ce of business shal~ be open to the public and to police officers of the city at all times during business hours; (d) No person under eighteen (18) years of age shall be permitted -~- to buy or drink any of such beverages in or about the place of business; (e) No person shall have any alcoholic liquor in his possession while in the ~lace of business; (f) The licensee. in the operation of such place of business. shall at all times comply with the sanitary and health regulations and ordinanc~ of the city. Section 6. REVOCATION OF LICENSE. Provisions relating to revocation of licenses shall be as follows: (a) The governing body of the City. upon five (5) days' notice to any person holding any license issued under the provisions of this article, shall revoke or suspend such license for anyone of the following reasons: (1) If a licensee has fraudulently obtained the license by giving false information in the application therefor; (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 inelligible to obtain a license in this aI'ticle; (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 eighteen (18) years; (6) The nonpayment of any license fees; (7) For .permitting any gambling in or upon such premises; (8) For permitting to . drinks with material purchased any person m1X in the place of business or. brought in for this person; (9) For the employment of persons under eighteen (18) years of age in dispensing cereal malt beverages; (10) For the employment of persons who have been adjudged guilty -5.. -6- by a fine or not more than five hundred dollars or confinement for not more than one year, or both. Section 10. This Ordinance shall take effect and be in force from and after its publication in the official City publication. February Passed by the City Council this ~day of ~I~t +i81.I'.~ February q Approved by the Mayor this ~day of ~~~, ~"J .,t2- /J,/J/J (l!v~';~/~xr:E Attest!': ~{ (CBu.cZ- / CITY CLERK -'I'" " \ \ ,,'d -'.::1 " ~'0'~------....':-li', ,:t ">(\ .f", , . r' .""- /' ..;.\~ ' J_\;:",;.... j i',:" :.:. \'.' 7'l,"'; , 'J / ;.;i.- ,\,...../.' '. - ". or, l ::; ';:3G, ~"\----'~ '7 .. \ -- '...,-' p' '" ) --1 t (/.) c.n -' "-~ .~"_~." 'i, ~i) I ....... ~ r ',"'J ,,,/ {" -~ l : t . ...- {'~'......- r,. Ili>.re!' . (""J v' :..:.:.--~ ,~~, \'1 ..~ -"',\ _.,.,~-< ."1f# ..." /" ~_...Q I.. ~ ....-0<\...." ",'. r "\ .i;" . t,.' ,j;~}".\L'i ,_ "'...,....,.~('.. )"''''av '";c, ~ -7-