CHAPTER III. BEVERAGESCHAPTER III. BEVERAGES\ARTICLE 4. PRIVATE CLUBS AND DRINKING ESTABLISHMENTS

It shall be unlawful for any person granted a private club license or 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 local license from the City Clerk.

(Code 2001)

There is hereby levied a biennial license fee on each private club and each drinking establishment located in the city which has private club license or 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. The city license fee for a Class club shall be $500.00, the city license fee for a Class B club shall be $500.00, and the city license fee for a drinking establishment shall be $500.00. The license fee may be paid in two annual installments by paying one-half at the time of the application and the remaining one-half due and payable one year from the date of issuance of the license. Failure to pay the full amount due under this paragraph on the date it is due shall result in the automatic cancellation of such license for the remainder of the license term.

(Ord. 400, Secs. 5-7,10; Code 2001; Ord. 722, Sec. 1)

(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)     No club shall allow its members to remain on its premises between the hours of 2:00 a.m. and 9:00 a.m. on any day, except for hotels and licensed restaurants.

(c)      No drinking establishment shall allow the public to remain on its premises between the hours of 2:00 a.m. and 9:00 a.m. on any day, except for hotels and licensed restaurants.

(d)     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.

(e)      It shall be unlawful for any club membership to be sold to any person under 21 years of age.

(f)      It shall be unlawful for any club or drinking establishment to allow alcoholic beverages or cereal malt beverages to be given, sold or traded to or consumed by any person under 21 years of age.

(g)      It shall be unlawful for any person under 21 years of age shall to consume or attempt to consume alcoholic liquor or cereal malt beverage while in or upon the premises of any club or drinking establishment.

(h)     A club license shall allow the licensee to sell and offer for sale and serve to any member of the club, their families and guests, alcoholic liquor for consumption on the licensed premises by such member or by guests accompanying such member, but the drink may not been removed from the premises.

(i)      Any two or more class “A” clubs, or any two or more class “B” clubs which are restaurants, may permit by agreement filed with and approved by the Director of Alcohol Beverage Control of the Kansas State Department of Revenue, the members of each club to have access to all other clubs which are parties to such agreement. The privilege extended to the visiting members of other clubs under such an agreement shall be determined by the agreement and, if such agreement so provides, any club which is a party to such agreement may sell and offer for sale to any person who is a member of another club which is a party to such agreement, alcoholic liquor for consumption on the licensed premises by such person or by guests accompanying such person.

(j)      It shall be unlawful for any club or drinking establishment to purchase or receive alcoholic liquor or cereal malt beverage from any person not holding a valid license to sell such alcoholic liquor or cereal malt beverage to such licensee.

(K.S.A. § Supp. 41-2614; Ord. 400; Code 2001)

It shall be unlawful for a club or drinking establishment licensee to:

(a)      Employ any person under 21 years of age in connection with the mixing or serving of drinks containing alcoholic liquor or cereal malt beverage.

(b)     Knowingly employ any person in connection with the dispensing or serving of alcoholic liquor or the mixing of drinks containing alcoholic liquor, who has been adjudged guilty of or placed on diversion for a felony or any crime involving a morals charge in this or any other state, or of the United States. For purposes of this section a “morals charge” shall include those charges involving prostitution, procuring a person for prostitution, soliciting a prostitute, performing on or with any child under 18 years of age any immoral act involving sex or soliciting such child for any such purpose, illegal possession or sale of any controlled substance, rape, incest, gambling or gaming, adultery, bigamy, sodomy, bestiality or crimes against nature.

(c)      Knowingly employ any person in connection with the dispensing or serving of alcoholic liquor or the mixing of drinks containing alcoholic liquor, who has been adjudged guilty of or placed on diversion for any violation of any intoxicating liquor law of this or any other state or municipality, or of the United States, for a period of two (2) years next preceding such employment or after such employment.

(d)     Employ any person under 21 years of age, unless a supervisor who is at least 21 years of age is on the premises at all times when such person under 21 years of age is present.

(Ord. 400, Sec. 8; Code 2001)

It shall be unlawful for any club to:

(a)      Fail to maintain, at the licensed premises, a current list of each club member and his or her residential address.

(b)     Refuse to let the City Attorney or any of his authorized agents, or any law enforcement officer having jurisdiction within the City of Goddard to inspect the current list of members of the club.

(Ord. 400, Sec. 8; Code 2001)

(a)      Any duly authorized employee or agent of the City and any law enforcement officer having jurisdiction within the City of Goddard shall have the right to inspect the premises of any club or drinking establishment at any time. Acceptance of a license issued under this article shall be conclusively deemed consent to such an immediate entry and inspection.

(b)     Should any licensee refuse such entry and inspection, the City Attorney shall immediately notify the Director of the Alcoholic Beverage Control of the Department of Revenue.

(Ord. 400, Sec. 11; Code 2001)

(a)      Violation of any provision of this article shall be punishable by a fine of not more than $500.00 or imprisonment for not more than Six (6) months, or both such fine and imprisonment.

(b)     In addition to the penalty in (a) above, any violation by a licensee hereunder of any provision of this article shall be immediately reported to Director of the Alcoholic Beverage Control of the Department of Revenue.

(Ord. 400, Sec. 16; Code 2001)