A CHARTER ORDINANCE OF THE CITY OF OITAWA, KANSAS, EXEMPTING THE CITY FROM CERTAIN PROVISIONS OF K.S.A. 41-302 AND ADOPTING CERTAIN PROVISIONS OF K.S.A. 41-302 RELATING TO SALE OF LIQUOR BY THE PACKAGE; CITY OPINIONS; PETITION; ELECTION; AND LOCAL REGULATIONS RELATING THERETO; AND AUTHORIZING AND PROVIDING FOR THE CALLING OF A SPECIAL ELECTION IN THE CITY FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY THE QUESTION OF WHETHER PACKAGE LIQUOR SALES IN OTTAWA, KANSAS SHALL TAKE EFFECT.

WHEREAS, Article 12, Section 5 of the Constitution of the State of Kansas (the “Home Rule Act”) provides that cities may exercise certain home rule powers, including adopting a charter ordinance which exempts such cities from the acts of the Kansas Legislature; and

WHEREAS, The City of Ottawa, Kansas (the “City”) is a city as defined in the act, duly created and organized, under the laws of the State of Kansas; and

WHEREAS, K S.A 41-302 is part of an enactment of the Kansas Legislature (K S.A4 l -301 et seq.) relating to the licensing of packaged liquor and related provisions, which enactment is applicable to the City, but is not uniformly applicable to all cities within the State of Kansas; and

WHEREAS, The governing body of the City desires, by Charter Ordinance, to exempt, clarify, extend and modify the application of K S.A. 41-302 as such applies to the City, and to provide substitute and additional provisions therefor to clarify the procedure for exercise of City option and to extend the application of K S.A. 41-302 to the City upon the eventual repeal of such state statute, K S.A 41-302;

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

SECTION 1. Exemption-K.S.A. 41-302. The City, by the power vested in it by the Home Rule Act of the Kansas Constitution, hereby elects to exempt itself and make inapplicable to it certain provisions of K S.A 41-302 if such conflict with the provisions of this Ordinance, and does hereby provide the following substitute and additional provisions in place thereof:

A    The question of licensing the retail sale of alcoholic liquors by the package in the city shall be submitted to the electors of the city upon majority vote of the governing body and adoption of a resolution calling for such vote, or by a petition signed by 30% of the total city vote cast in the last general election for the office of Secretary of State.

B.    If a petition is used, such petition shall be filed not less than 40 nor more than 60 days prior to the date of the election.

C.    Upon the ballot the proposition shall be stated as follows:

“Shall the sale of alcoholic liquors by the package be licensed in The City of Ottawa, Kansas”

YES [ ]

NO  [ ]

D.   Voters desiring to vote in favor of the sale of alcoholic liquor by the package shall place a cross in the square opposite the word “Yes” and those desiring to vote against the sale of alcoholic liquor by the package shall place a cross in the square opposite the word “No.”

E.    Upon the filing of a sufficient petition or upon the adoption of a proper resolution, there shall be an election as required by this section and notice of such election shall be given in a like manner as now provided by law for the notice of bond elections.

F.    The provisions of the laws of this state relating to election of officers, voting places, election places and blanks, preparation and form of ballots, information to voters, delivery of ballots, calling of elections, conduct of elections, manner of voting, counting of votes, records and certificates of election, and recounts of votes, so far as applicable, shall apply to voting on the proposition under the provisions of this act.

G.   The majority of those voting on the proposition shall be mandatory upon the Director of Alcoholic Beverage Control insofar as licensing the sale of such liquors therein by the package is concerned.

SECTION 2. Pursuant to Article 12 Section 5 (2), of the Kansas Constitution it shall require a two-thirds (2/3) vote of the members-elect of the governing body of the City to pass this Charter Ordinance. If so passed the Charter Ordinance shall be published once each week for two consecutive weeks in the official city newspaper. This Charter Ordinance shall not take effect until sixty (60) days after its final publication. If, within sixty (60) days of its final publication, a petition signed by a number of electors of the City equal to not less than 10% of the number of electors who voted at the last preceding regular city election shall be filed in the office of the City Clerk of the City of Ottawa demanding that such ordinance be submitted to the vote of the electors, it shall not take effect until submitted to the referendum and approved by a majority of the electors voting thereon.

(06-17-1998)