CHAPTER 3. BEVERAGESCHAPTER 3. BEVERAGES\Article 3. Private Clubs

No person shall operate a private club within the City of Anthony without first having secured from the city a license for said club. All licenses shall be issued upon approval by a majority vote of the city commission.

(Ord. 2555, Secs. 1,2)

(a)   Application for a private club license shall be upon forms furnished by the city and shall be filed with the city clerk. All licenses shall expire on December 31 of the year in which issued, regardless of the time of year in which issued, unless sooner revoked or suspended.

(b)   All private clubs operating during any current year and wishing to renew their license for another year shall file an application for renewal not later than two weeks prior to December 31 of the year in which their current license was issued.

(c)   Failure to timely file application for a license as required in this section may be grounds for denial of the application.

(Ord. 2555, Secs. 3,4,6)

(a)   The biennial license fee for a Class A or Class B private club shall be $250.00. The fee shall be paid in full at the time of making application for, or renewal of, a license.

(b)   No portion of the license fee shall be refunded should the licensee cease business or should his or her license be revoked or suspended.

(c)   For any person who begins operating a private club during a part of a current year, the city commission, for good cause shown, may adjust the first year’s license fee on a percent of the calendar year remaining.

(d)   Should a license not be granted upon an application, the full amount of the fee shall be returned to the applicant.

(Ord. 2618, Sec. 5; K.S.A. 41-2622; Code 2024)

A private club license issued by the city shall not be transferable or assignable. Each license shall be valid only to the licensee and the premises for which issued.

(Ord. 2555, Sec. 10)

The city may revoke or suspend any license granted under this article. Violation of the laws of Kansas or ordinances of the city, or acts constituting a public nuisance or violation of K.S.A. 21-2626 and amendments thereto may be grounds for revocation or suspension of a license issued under this article.

(Ord. 2555, Sec. 7)

No revocation or suspension shall be ordered until the licensee shall have been afforded a hearing before the city commission. Prior to holding any hearing to revoke or suspend a private club license, the licensee shall be given not less than two weeks notice prior to the hearing. Notice shall be given by certified mail, return receipt requested, addressed to the licensee at the address of the licensee as set out in the application for license.

(Ord. 2555, Sec. 7)

Any person who shall have their application for a license denied, or have a license revoked or suspended shall have 10 days from the date of such denial, revocation or suspension to appeal to the district court of Harper County, Kansas.

(Ord. 2555, Sec. 10)

No license shall be issued to any private club, the property of which shall be within 200 feet of any public school, park, ball field, playground, building or buildings used as a place of worship for any religious group or congregation holding IRS tax exempt status and/or has applied and received from the State of Kansas real property tax exemptions as to such place of worship or building.

(Ord. 2555, Sec. 13; Code 2007)

(a)   No club licensed 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 beverages for on-premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises.

(c)   No club membership shall be sold to any person under 21 years of age, nor shall alcoholic beverages or cereal malt beverages be given, sold or traded to any person under 21 years of age.

(Ord. 2618, Sec. 6)