CHAPTER 4. ALCOHOLIC BEVERAGESCHAPTER 4. ALCOHOLIC BEVERAGES\Article III. Cereal Malt Beverages

No person shall sell any cereal malt beverage at retail without first having secured a license for each place of business which such person desires to operate within the Corporate Limits of the City.  A person having a license to sell cereal malt beverages at retail only in original and unopened containers, and not for consumption on the premises, shall not sell such beverages in any other manner.

(Code 1982; K.S.A. 41-2702)

A.    There are hereby prescribed license fees as follows:

1.    Retailer, consumption on premises- For each place of business selling cereal malt beverages at retail for consumption on the premises, $200.00 plus a $25.00 state stamp fee for a total of $225.00 per calendar year.

2.    Case 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, $50.00 license fee plus $25.00 state stamp fee for a total of $75.00 per calendar year.

B.    A license and the full amount of the license fee shall be required each year, 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.  If a corporate licensee has a change of managers, a new license is required and the new manager’s license fee shall be the same as the original fee for the remaining portion of the year.

(Code 1982; K.S.A. 41-2702; Code 2015)

Any person desiring a license under this article shall make an application to the Board of Commissioners by filing an application with the City Clerk, such application to be accompanied by the required license fee for each place of business for which the person desires the license.  All application fees shall be retained by the City, regardless of the approval or rejection of the application, and credited to the general fund.  Such application, together with the recommendations of the Administrative Staff of the City, shall be presented to the Board of Commissioners, which shall thereafter approve or reject the application within 30 days of the date such application is presented.  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, residence address and the length of residence in Ottawa, Franklin County, State of Kansas, 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.    A statement that the applicant is a citizen of the United States and not less than 21 years of age and that s/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 driving a motor vehicle while under the influence of intoxicating liquor, or the violation of any other intoxicating liquor law or any crime involving moral turpitude of any state or of the United States.

(Code 1982; K.S.A. 41-2701 et seq.; K.S.A. 41-2704 (a))

A.    The City, by the power vested in it by Article 12, Section 5, of the State Constitution, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 41-2702, which provisions apply to this City but not uniformly to all cities, and to provide substitute and additional provisions as set forth in this section.

B.    The City is hereby authorized and empowered to provide by regular ordinance the fee to be charged for issuance of cereal malt beverage licenses.  Each application for a retailer’s license shall be accompanied by a fee as follows: for licensure of a place of business in a county having a population of 165,000 or less, a fee or not less than $25.00 or more than the amount prescribed by ordinance by the Board of Commissioners.

(C.O. No. 9)

If an application for a license is in proper form and accompanied by cash in the amount of the license fee, the Board of Commissioners shall, if the applicant is qualified as provided by law, issue a license to such applicant.  Provided, that no retailer’s license shall be issued to:

A.    A person who is not a resident of Franklin County and who has not been a resident in good faith of the State of Kansas for at least one (1) year to said application.

B.    A person who is not of good character and reputation in the community in which such person 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 application, has been convicted of a felony, or any crime involving moral turpitude, drunkenness, driving a motor vehicle while under the influence of intoxicating liquor or cereal malt beverage law, or violation of any other intoxicating liquor law of the State of Kansas or of the United States.

E.    A partnership, unless one of the partners is a resident of the City of Ottawa and unless all 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 (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 of Ottawa.

G.    A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses all the qualifications of a licensee.

(Code 1982; K.S.A. 41-2703(b))

A.    No license under this article shall be issued unless the place of business can comply with all restrictions and provisions in regard to location and zones.  A person applying for a license as a case retailer must be engaged in business in this City.  No licenses issued under this article shall be assignable or transferable.  All licenses shall be kept posted in a conspicuous place in the place of business.

B.    A violation of this section is a Class A Misdemeanor.

(Code 1982)

A.    No person shall sell at retail cereal malt beverage:

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

2.    in the original package before 12 noon 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.

B.    No private rooms or closed booths shall be permitted, but this provision shall not apply if the licensed premises are also currently licensed as a Club under a license issued by the State Director of the Alcoholic Beverage Control. Said place of business shall be open to the public and to the Police Department at all times during business hours, except that a premises licensed as a Club under a license issued by the State Director of Alcoholic Beverage Control shall be opened to the Police Department and not the public.  A person not of legal age to purchase cereal malt beverage shall not be permitted to buy or to drink any such cereal malt beverage.

C.    A violation of this section is a Class A Misdemeanor.

(Code 1982; K.S.A. 41-2704(b); K.S.A. 41-2704 (e); Ord. 3924-16)

A.    No cereal malt beverage license shall be issued by the City to a bar, tavern or drinking establishment that is located within 200 feet of an accredited school building or an organized church building.

1.    This location restriction shall not apply to restaurants, as that term is defined in K.S.A. 41-2601.

2.    The location restriction contained in this code section shall not apply if the accredited school or organized church is established after the premises have been licensed.  In such cases the premises shall be eligible for re-issuance of future licenses.

3.    In situations where, as of enactment of this ordinance, there are existing violations of the location restriction contained in this section, such violation shall not constitute a reason to not re-issue a license.

4.    Distances measured under this section shall be measured from property line of the protected property to the nearest portion of the building occupied by the license holder.

B.    The distance location of subsection (A) above shall not apply to a bar, tavern, club, drinking establishment, caterer or temporary permit holder when the license or permit applicant petitions for and receives a waiver of the distance limitation from the Governing Body.  The Governing Body shall grant such a waiver only following public notice and hearing and a finding by the Governing Body that the proximity of the establishment is not adverse to the public welfare or safety.

C.    No license or permit shall be issued for the sale of cereal malt beverage if the building or use does not meet the zoning ordinance requirements of the city or conflicts with other applicable city laws, including building and health codes.

D.    No license or permit shall be issued for the sale of cereal malt beverage until the building or use meets the City’s most recently adopted Fire and Life Safety Code.

(Code 2015)

A.    It shall be unlawful for any person, knowingly or unknowingly, to sell, give away, dispose of, exchange or deliver, or permit the sale, gift, or procuring of, any cereal malt beverage to or for any person who is not of legal age for consumption of cereal malt beverages.

B.    Any person who shall violate any of the provisions of this section shall be deemed guilty of a Class B Misdemeanor.

(Code 1982; K.S.A. 41-2721)

Any establishment holding a license for the sale of cereal malt beverages shall open its books and records for the Police Department or any other Authorized Agent of the City for the purpose of determining whether such establishment is a tavern.  Such determination shall be based upon the most recent calendar month such business operated, except if such business has not been in operation for one (1) calendar month, then the period the business has been operated shall be used for such determination.

(Code 2015; K.S.A. 41-2704(d))

A.    It shall be unlawful for any person under the legal age for consumption of cereal malt beverages to enter into a tavern, as that term is defined, unless accompanied by a parent or a legal guardian.

B.    Any person in violation of this section shall be guilty of a Class C Misdemeanor if that person is 18 years of age or older.

C.    Minors in violation of this section shall be referred to proper juvenile authorities.

(Code 2015)

A.    The Board of Commissioners, after five (5) days’ notice to the persons holding such license, shall revoke such license for any one of the following reasons:

1.    If the licensee 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 ordinance or any other ordinance of the City prescribing rules or regulations relating to cereal malt beverages as herein defined, or if a licensee had violated any law of the State for which violation the City is authorized by law to revoke the license.

3.    If the licensee has become ineligible to obtain a license as prescribed in this ordinance.

4.    Drunkenness of the person holding such license or permitting any intoxicated person to remain in such place of business.

5.    The sale of cereal malt beverages to those under the legal age for consumption of cereal malt beverages.

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 materials purchased in such place of business or brought in for such purpose, but this provision shall not apply if the licensed premises are also currently licensed as a club under a license issued by the State Director of Alcoholic Beverage Control.

9.    For employment of person under 18 years of age in dispensing cereal malt beverages;

10.  For the employment of persons who have been adjudged guilty of a felony or of any violations of the intoxicating liquor law.

B.    Within twenty (20) days after the order of the Board of Commissioners revoking or suspending any license, the licensee may appeal to the District Court as provided in K.S.A. 41-2708 (c).

C.    In case of the revocation of the license of any licensee, no new license shall be issued to such person acting for or on his behalf for a period of six months thereafter.

(Code 1982; K.S.A. 41-2708)

Any person who shall purchase cereal malt beverages while over the age of 18 years of age, but less than the legal age for consumption of cereal malt beverages, shall, upon conviction thereof, be guilty of a Class C Misdemeanor for which the minimum fine shall be $100.00.

(Code 1982; K.S.A. 41-727)