CHAPTER III. BEVERAGESCHAPTER III. BEVERAGES\ARTICLE 3. ALCOHOLIC LIQUOR

(a)      It shall be unlawful for any person to keep for sale, offer for sale, or expose for sale or sell any alcoholic liquor as defined by the “Kansas Liquor Control Act” without first having obtained a state license to do so.

(b)     The holder of a license for the retail sale in the city of alcoholic liquors by the package issued by the state director of alcoholic beverage control shall present such license to the City Clerk when applying to pay the occupation tax levied in section 3-302 and the tax shall be received and a receipt shall be issued for the period covered by the state license.

(Code 2001)

There is hereby levied a biennial occupation tax of $600.00 on any person holding a license issued by the state director of alcoholic beverage control for the retail sale within the city of alcoholic liquors for consumption off the premises. Such tax shall be paid by the retailer to the City Clerk before business is begun under an original state license and shall be paid within five days after any renewal of a state license. 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. 129, Sec. 3; Code 2001; Ord. 722, Sec. 1)

Every licensee under this article shall cause the city alcoholic liquor retailer’s occupation tax receipt to be placed in plain view, next to or below the state license in a conspicuous place on the licensed premises.

(Code 2001)

No person shall sell at retail any alcoholic liquor:

(a)      On Easter Sunday;

(b)     On Thanksgiving Day and Christmas Day;

(c)      On the day of any national, state, county, school board or city election, including primary elections, during the hours the polls are open in the city;

(d)     Before 9:00 a.m. or after 11:00 p.m. on any day when the sale thereof is permitted, or before 12:00 noon or after 8:00 p.m. on any Sunday when the sale thereof is permitted.

(K.S.A. § 41-712; Ord. 129, Sec. 2; Code 2001; Ord. 683, Sec. 1)

It shall be unlawful for a retailer of alcoholic liquor to:

(a)      Permit any person to mix drinks in or on the licensed premises;

(b)     Employ any person under the age of 21 years in connection with the operation of the retail establishment;

(c)      Employ any person in connection with the operation of the retail establishment who has been adjudged guilty of a felony;

(d)     Furnish any entertainment in his or her premises or permit any pinball machine or game of skill or chance to be located in or on the premises; or

(e)      Have in his or her possession for sale at retail any bottles, cask, or other containers containing alcoholic liquor, except in the original package.

(f)      Sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person under 21 years of age.

(g)      Sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person who is incompetent who is physically or mentally incapacitated by alcohol.

(Ord. 129, Sec. 2; Code 2001)

(a)      No person shall knowingly or unknowingly sell, give away, furnish, dispose of, procure, exchange or deliver, or permit the selling, giving away, furnishing, disposing of, procuring, exchanging or delivering of any alcoholic beverage in any building, structure or premises, for consumption in such building or upon such premises if such consumption is within 200 feet of the nearest property line of any existing hospital, school, church or library.

(b)     No person shall sell at retail any alcoholic liquor in areas zoned higher than “commercial.”

(K.S.A. § 41-710; Ord. 129, Sec. 2; Code 2001)