(a)   It shall be unlawful for any person to sell any enhanced cereal malt beverage at retail without a license for each place of business where enhanced cereal malt beverages are to be sold at retail.

(b)   It shall be unlawful for any person, having a license to sell enhanced cereal malt beverages at retail only in the original and unopened containers and not for consumption on the premises, to sell any enhanced cereal malt beverage in any other manner.

Any person desiring a license shall make an application to the governing body of the city and accompany the application by the required license fee for each place of business for which the person desires the license.

(a)   The application shall be verified, and upon a form prepared by the attorney general of the State of Kansas, and shall contain the information required by K.S.A. 41-2702 as from time to time amended, including successor provisions thereto;

(b)   Each application for a general retailer’s license shall be accompanied by a certificate from the city health officer certifying that he or she has inspected the premises to be licensed and that the same comply with the provisions of Chapter 8 of this Code.

(c)   Each application for a general retailer’s license must be accompanied by a certificate from the city fire chief certifying that he or she has inspected the premises to be licensed and that the same comply with the provisions of Chapter 7 of this Code. The application shall be accompanied by a statement, signed by the applicant, authorizing any governmental agency to provide the city with any information pertinent to the application. One copy of such application shall immediately be transmitted to the chief of police of the city for investigation of the applicant. It shall be the duty of the chief of police to investigate such applicant to determine whether he or she is qualified as a licensee under the provisions of this chapter. The chief shall report to the governing body not later than five working days subsequent to the receipt of such application.

(d)   All applications for a new and renewed enhanced cereal malt beverage license shall be submitted to the city clerk 10 days in advance of the governing body meeting at which they will be considered.

(e)   The city clerk’s office shall attempt to notify the applicant of an existing license 30 days in advance of its expiration.

(f)   The clerk’s office shall provide copies of all applications to the police department, to the fire department, and to the city-county health department, when they are received. The police department will run a records check on all applicants and the fire department and health department will inspect the premises in accord with chapters 7 and 8 of this code. The departments will then recommend approval, or disapproval, of applications within five working days of the department’s receipt of the application.

(g)   The governing body will not consider any application for a new or renewed license that has not been submitted 10 days in advance and been reviewed by the above city departments.

(h)   An applicant who has not had an enhanced cereal malt beverage license in the city shall use its best efforts to attend the governing body meeting when the application for a new license will be considered.

(a)   The journal of the governing body shall show the action taken on the application.

(b)   If the license is granted, the city clerk shall issue the license which shall show the name of the licensee and the year for which issued.

(c)   No license shall be transferred to another licensee.

(d)   Among other things, the license shall state that it is not transferable and the calendar year for which issued. The license shall be kept posted in a conspicuous place in the place of business. Should the holder of such license change his or her place of business from one location to another during the year for which such license was issued, a new license may be issued by the governing body of the city without an additional license fee upon proper application having been made and granted therefor and upon the surrender of the original license by the holder thereof.

(e)   In the event a licensee shall change managers during the term of its license, it shall immediately file with the city clerk a statement setting forth the name and address of the new manager and the information required by section 3-202.

(f)   If the license shall be denied, the license fee shall be immediately returned to the person who has made application.

Each license shall be posted in a conspicuous place in the place of business for which the license is issued.

No license shall be issued to a person or entity other than in accordance with the terms of K.S.A. 41-2703 and 41-2703a as from time to time amended, including successor provisions thereto.

(a)   No license shall be issued for the sale at retail of any enhanced 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 enhanced cereal malt beverage at any place within the city limits that is within 200 feet of any public or parochial school or college or church, except that if such school, college, or church is established within 200 feet of any existing licensed premises, the premises shall be an eligible location for retail licensing.

(c)   Provisions of this section shall not apply to any establishment holding a private club license issued by the State of Kansas.

(d)   The distance limitation of subsection (b) above shall not apply to any establishment holding an enhanced cereal malt beverage license issued by the city when the licensee has petitioned for and received a waiver of the distance limitation. The governing body shall grant such a waiver only following public notice and hearing.

The rules and regulations regarding license fees shall be as follows:

(a)   General Retailer - for each place of business selling enhanced cereal malt beverages at retail at any time, $200.00 per calendar year plus required state licensing fee ($25.00).

(b)   Limited Retailer - for each place of business selling only at retail enhanced cereal malt beverages in original and unopened containers and not for consumption on the premises, $50.00 per calendar year plus required state licensing fee ($25.00).

(c)   Special Event Retailer – for each place of business selling enhanced cereal malt beverages at retail for a special event approved by the governing body of the City, $25.00 per day plus required state licensing fee ($25.00).

(d)   Change of Location - if a licensee desires to change the location of his or her place of business, he or she shall make an application to the governing body showing the same information relating to the proposed location as in the case of an original application. Such application shall be accompanied by a fee of $100.00 (plus any state licensing fee). If the application is in proper form and the location is not in a prohibited zone and all other requirements relating to such place of business are met, a new license shall be issued for the new location for the balance of the year for which a current license is held by the licensee.

Otherwise, full amount of the license fee shall be required 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.  Any retailer in possession of a duly issued and unrevoked cereal malt beverage license on April 1, 2019, shall be deemed to possess an enhanced cereal malt beverage license for the remainder of its term.

(Ord. 010-2022-228)

The governing body of the City may, upon five days’ written notice, suspend or revoke such license in accordance with the terms of K.S.A. 41-2708 as from time to time amended, including any successor provisions thereto.

It shall be unlawful for any wholesaler and/or distributor, his, her or its agents or employees, to sell and/or deliver enhanced cereal malt beverages within the city, to persons authorized under this article to sell the same within this city unless such wholesaler and/or distributor has first secured a license from the director of revenue, state commission of revenue and taxation of the State of Kansas authorizing such sales.

It shall be the duty of every licensee to observe requirements and hours of business established by K.S.A. 41-2704 as from time to time amended, including successor provisions thereto.

(a)   The City has not authorized any expanded hours and has not authorized the sale of any enhanced cereal malt beverage on Sunday.

(b)   The place of business shall be open to the public and to the police at all times during business hours, except that premises licensed as a club under a license issued by the State Director of Alcoholic Beverage Control shall be open to the police and not to the public.

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 at least one 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. The doors of all toilet rooms shall be self-closing and toilet paper at all times shall be provided. Easily cleanable receptacles shall be provided for waste material and such receptacles in toilet rooms for women 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.

(Ord. 020-2019-170)