CHAPTER III. BEVERAGESCHAPTER III. BEVERAGES\ARTICLE 1. CEREAL MALT BEVERAGES

ARTICLE 1. CEREAL MALT BEVERAGES

For the purpose of this article the following definitions shall apply unless the context clearly requires otherwise:

(a)   Cereal malt beverage. - Any fermented but undistilled liquor brewed or made from a malt or a mixture of malt or malt substitute, but shall not include any such liquor which contains more than three and two-tenths percent of alcohol by weight.

(b)   General retailer. - A person who has a license to sell cereal malt beverages at retail.

(c)   Limited retailer. - A person who has a license to sell cereal malt beverages at retail only in original and unopened containers and not for consumption the premises.

(d)   Person. - Individuals, firms, co-partnerships, corporation, and associations.

(e)   Place of business. - Any place at which cereal malt beverages are sold.

(f)    Sale at retail and retail sales. - Sales for use or consumption and not for resale in any form.

(g)   Wholesaler or distributor. - Any individuals, firms, copartnerships, corporations and associations which sell or offer for sale any beverage referred to in this article, to persons, copartnerships, corporations and associations authorized by this article to sell cereal malt beverages at retail.

(Ord. 2618, Sec. 1)

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

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

(K.S.A. 41-2702)

An application for a license to sell cereal malt beverages at retail shall be made to the governing body in accordance with the provisions of K.S.A. 41-2702.

(Code 1982)

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 year immediately preceding application and a resident of Harper County for at least six months prior to filing of such application.

(b)   A person who is not a citizen of the United States.

(c)   A person who is not of good character and reputation in the community in which he or she resides.

(d)   A person who, within two years immediately preceding the date of making application, has been convicted of a felony or any crime involving moral turpitude, or has 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 all the members of the 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 25% of the stock of such corporation would be ineligible to receive a license hereunder for any reason other than nonresidence within the city or county.

(g)   A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 25% of the stock of such corporation, has been an officer, manager or director, or a stockholder owning in the aggregate more than 25% of the stock, of a corporation which: (A) Has had a retailer’s license revoked under K.S.A. 41-2708 and amendments thereto; or (B) has been convicted of a violation of the drinking establishment act or the cereal malt beverage laws of this state.

(h)   A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee.

(i)    A person whose spouse would be ineligible to receive a retailer’s license for any reason other than citizenship, retailer residency requirements or age, except that this subsection (i) shall not apply in determining eligibility for a renewal license.

(K.S.A. 41-2703; Ord. 2618, Sec. 2)

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

(Code 1982)

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

(Code 1982)

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

(a)   General Retailer – for each place of business selling cereal malt beverages at retail, $100.00 per calendar year.

(b)   Limited 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, $80.00 per calendar year.

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.

(C.O. No. 10; K.S.A. 41-2702; Code 2016)

The governing body of the city, upon five days notice to any person licensed under this article, shall revoke such license for any of the following reasons:

(a)   If a licensee has fraudulently obtained the license by giving false information in the application therefor;

(b)   If the licensee has violated any of the provisions of this article or has become ineligible to obtain a license under this article;

(c)   The drunkenness of the licensee or permitting any intoxicated person to remain in any business licensed under this article;

(d)   The sale of cereal malt beverages to any person under 21 years of age;

(e)   For permitting any gambling in or upon any premises licensed under this article;

(f)    For permitting any person to mix drinks with materials purchased in any premises licensed under this article or brought into the premises for this purpose;

(g)   For the employment of any person under the age established by the State of Kansas for dispensing cereal malt beverages;

(h)   For the employment of persons adjudged guilty of a felony or of a violation of any law relating to intoxicating liquor;

(i)    For the sale or possession of, or for permitting the use or consumption of alcoholic liquor within or upon any premise licensed under this article;

(j)    The provisions of subsections (f) and (i) shall not apply if such place of business is also currently licensed as a private club.

(K.S.A. 41.:2708; Ord. 2618, Sec. 3)

The licensee, within 20 days after the order of the governing body revoking any license, may appeal to the district court of Harper County. Any appeal taken under this section shall not suspend the order of revocation or suspension during the pendency of 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 or her behalf, for a period of six months thereafter.

(K.S.A. 41-2708; Code 2007)

(a)   No cereal malt beverages may be sold between the hours of midnight and 6:00 a.m., or consumed and no public occupancy between the hours of 12:30 a.m. and 6:00 a.m., of any day. Sunday sales of cereal malt beverage in the original package is allowed within the City on any Sunday, except Easter, between the hours of 12:00 noon and 8:00 p.m.

(b)   No private rooms or closed booths shall be permitted in any premises licensed under this article; unless the business also is licensed as a private club;

(c)   A place of business licensed under this article shall be open to the public at all times during business hours except a private club shall not be open to the general public. A place of business so licensed shall be open to police officers of the city for law enforcement at all times;

(d)   No person shall sell, give away, dispose of, exchange or deliver or permit the sale, gift or procuring of any cereal malt beverage to any person under the legal age for consumption. No person under the legal age for consumption shall purchase or receive cereal malt beverages from any person;

(e)   No person shall have any alcoholic liquor in his or her possession while in any place of business licensed to sell cereal malt beverages under this article unless the business also is licensed as a private club;

(f)    The licensee of each premises licensed under this article shall at all times comply with the sanitary and health regulations and ordinances of the city and police officers.

(K.S.A. 41-2704; Ord. G-2733, Sec. 1; Code 2007)

(a)   No person shall consume any cereal malt beverage while operating any vehicle upon any street or highway. Violation of this subsection is a misdemeanor punishable by a fine of not to exceed $500.00 or by imprisonment for not more than 30 days, or both.

(b)   No person shall transport in any vehicle upon a highway or street any cereal malt beverage unless such beverage is:

(1)   in the original unopened package or container, the seal of which has not been broken and from which the original cap, cork or other means of closure has not been removed;

(2)   in the locked rear trunk or rear compartment, or any locked outside compartment which is not accessible to any person in the vehicle while it is in motion; or

(3)   in the exclusive possession of a passenger in a recreational vehicle or bus who is not in the driving compartment of the vehicle and who is in a portion of the vehicle from which the driver is not directly accessible.

(K.S.A. 41-2719; Code 1995)

Except as provided in subsection (a), it shall be unlawful for any person to possess an open container or to consume any cereal malt beverage upon any sidewalk, public street, alley or any other public place within the city.

(a)   Pursuant to K.S.A. 41-719(d), the prohibition set out above shall not apply to the following public property:

(1)   The Anthony Municipal Lake;

(2)   The Anthony Municipal Golf Club;

(3)   And, upon application approved by either the City Commission, or the Chief of Police, the Anthony Municipal Hall.

(A)  Persons or organizations allowing cereal malt beverages to be consumed at the Municipal Hall will be held responsible for all violations of all laws, state and local, concerning possession and consumption by minors, and any other such laws and regulations concerning cereal malt beverages that from time to time be passed by the state or city.

(B)   Persons or organizations allowing cereal malt beverages to be consumed at the Municipal Hall, may not sell cereal malt beverages, ice or cups.

(b)   No opened or unopened container of any cereal malt beverage shall be thrown upon or otherwise deposited upon any public sidewalk, street, alley or parking of the city.

(Ord. 2726, Sec. 1; Ord. 2790; Code 2016)

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 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.

(K.S.A. 79-3837)

It shall be unlawful for any licensee to violate any of the statutes of Kansas, or ordinances of the city or rules or orders of the state board of health relating to sanitary or health conditions of the places licensed to sell such cereal malt beverages.

(Code 1982)

It shall be unlawful for any person engaged in operating a place of business for selling or dispensing cereal malt beverages at retail to permit the use of indecent or profane language or conduct at or within the licensed place of business.

(Code 1982)

(a)   No cereal malt beverage shall be sold or served by a person holding a license or permit from the city whose place of business or other premises are located within 200 feet of any church, school, nursing home, library or hospital, said distance to be measured from the nearest property line of such church, school, nursing home, library or hospital, to the nearest portion of the building occupied by the premises.

(b)   The distance location of subsection (a) above shall not apply to a 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 alcoholic liquor if the building or use does not meet the zoning ordinance requirements of the city or conflicts with other city laws, including building and health codes.

(Ord. G-2740; Code 2007)