CHAPTER III. BEVERAGESCHAPTER III. BEVERAGES\ARTICLE 4. DRINKING ESTABLISHMENTS

It shall be unlawful for any person granted a drinking establishment license by the State of Kansas to sell or serve any alcoholic liquor authorized by such license within the city without first obtaining a city license from the city clerk, being a resident of Kansas for one year and Harper County for six months.

(Ord. G-2739, Sec. 3-401; Code 2007)

A drinking establishment shall annually be required to certify to the City Clerk sales of food for consumption on the licensed premises not less than 30% of all the establishment’s gross receipts from sales of food and beverage on such premises.

(Ord. G-2739, Sec. 3-402; Code 2007)

Any person holding a valid drinking establishment license by the State of Kansas for alcoholic liquors for consumption on the premises shall furnish to the city clerk, on a form provided, the following information:

(a)   Name of applicant;

(b)   Address of applicant;

(c)   Age of applicant;

(d)   Place and date of birth;

(e)   Name of the premises;

(f)    Address of premises where liquor sold;

(g)   If applicant is a corporation, name and address of registered agent;

(h)   If applicant is a partnership, name and address of each partner;

(i)    Citizen of the United States?

(j)    Length of applicant’s resident in Kansas and Harper County;

(k)   Applicant been convicted of a felony within two years immediately preceding the date of this application?

(l)    Applicant been convicted of a crime involving moral turpitude within two years immediately preceding the date of this application?

(m)  Applicant been adjudged guilty of drunkenness within two years immediately preceding the date of this application?

(n)   Applicant been adjudged guilty or entered a plea, or forfeited bond on a charge of driving a motor vehicle while under the influence of intoxicating liquors within two years immediately preceding the date of this application?

(o)   Applicant been convicted of a violation of any state or federal intoxicating liquor law within two years immediately preceding the date of this application?

(p)   Does applicant presently hold any other liquor license?

(q)   Has applicant’s license ever been revoked or suspended?

(r)    Does applicant have a Kansas State Drinking Establishment license?

(s)    When does it expire?

(t)    Owner of premises licensed?

(u)   If applicant is not the owner, give date and term of lease or other rental agreement.

(v)   Applicant business will be conducted by a manger or agent?

(1)   Manager or Agent’s name, age and residence;

(w)  All owners, managers, and/or persons serving or dispensing alcoholic beverages and/or mixed and/or combinations of alcoholic beverages and other ingredients, meet the requirements of Liquor Control Act and amendments thereto, except as to ownership requirements for waiters, waitresses, bartenders, and other employees?

(Ord. G-2739, Sec. 3-403; Code 2007)

(a)   There is hereby levied an annual license fee in the amount of $500.00 on each drinking establishment located in the city which has a drinking establishment license issued by the state director of alcoholic beverage control, which fee shall be paid before business is begun under an original state license and within five days after any renewal of a state license.

(b)   All applications for new or renewal city licenses shall be submitted to the city clerk. Upon presentation of a state license, payment of the city license fee and the license application, the city clerk shall issue a city license for the period covered by the state license, if there are no conflicts with any zoning or alcoholic beverage ordinances of the city.

(c)   The license period shall extend for the period covered by the state license. No license fee shall be refunded for any reason.

(d)   Every licensee shall cause the city drinking establishment license to be placed in plain view next to or below the state license in a conspicuous place on the licensed premises.

(Ord. G-2739, Sec. 3-404; Code 2007; K.S.A. 41-2622; Code 2016)

(a)   No drinking establishment licenses hereunder shall allow the serving, mixing or consumption of alcoholic liquor on its premises between the hours of 2:00 a.m. and 9:00 a.m. on any day.

(b)   Cereal malt beverages may be sold on premises licensed for the retail sale of cereal malt beverage for on-premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises.

(c)   No alcoholic beverages or cereal malt beverages shall be given, sold or traded to any person under 21 years of age.

(Ord. G-2739, Sec. 3-405; Code 2007)

(a)   No alcoholic liquor 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, hospital), said distance to be measured from the nearest property line of such (church, school, nursing home, library, hospital), to the nearest property line of the building occupied by the premises.

(b)   The distance location of subsection (a) above shall not apply to a club, drinking establishment, when the license 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-2739, Sec. 3-406; Code 2007)