ORDINANCE NUMBER 25-11251
AN ORDINANCE AMENDING, RESTRUCTURING, AND RESTATING SALINA CODE CHAPTER FIVE – “ALCOHOLIC BEVERAGES” AND IN DOING SO, ADOPTING NEW SECTION 5-33 PERTAINING TO COMMON CONSUMPTION AREAS; ADOPTING NEW ARTICLE IV – “CATERERS”; AND ADOPTING NEW ARTICLE V – “ALCOHOLIC BEVERAGE SPECIAL EVENT RETAILER’S PERMIT”, ALL UNDER THE SUBJECT OF REGULATION OF ALCOHOLIC BEVERAGES PURSUANT TO SALINA CODE CHAPTER FIVE – “ALCOHOLIC BEVERAGES”; AND REPEALING THE EXISTING CHAPTER FIVE.
BE IT ORDAINED by the Governing Body of Salina, Kansas:
Section 1. Amendment, Restructuring, and Restatement. Salina Code Chapter Five – “Alcoholic Beverages” is amended, restructured, and restated, including the adoption of new Section 5-33 pertaining to Common Consumption Areas; new Article IV – “Caterers”; and new Article V – “Alcoholic Beverage Special Event Retailer’s Permit”, all under the subject of regulation of alcoholic beverages pursuant to Salina Code Chapter Five – “Alcoholic Beverages”, to read as follows:
Chapter 5
ALCOHOLIC BEVERAGES
ARTICLE I. GENERAL PROVISIONS
Sec. 5-1 Definitions.
As used in this chapter, unless the context clearly requires otherwise, the following words and phrases shall have the meanings ascribed to them in this section:
Alcohol means the product of distillation of any fermented liquor, whether rectified or diluted, whatever the origin thereof, and includes synthetic ethyl alcohol, but does not include denatured alcohol or wood alcohol.
Alcoholic beverage means any alcoholic liquor, as defined by K.S.A. 41-102, as amended; or any cereal malt beverage, as defined by K.S.A. 41-2701, as amended.
Alcoholic liquor means alcohol, spirits, wine, beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.
Beer, when its meaning is not enlarged, modified or limited by other words, means a beverage, containing more than three and two-tenths (3.2) percent alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager beer, porter and similar beverages having such alcoholic content.
Cereal malt beverage or CMB means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage, as defined in K.S.A. 41-2729, as amended, but does not include any such liquor which is more than three and two-tenths (3.2) percent alcohol by weight.
Common Consumption Area or CCA means a defined indoor or outdoor area not otherwise subject to a license issued pursuant to the Kansas Liquor Control Act or the Club and Drinking Establishment Act, as amended, where the possession and consumption of alcoholic liquor or cereal malt beverage is allowed pursuant to a common consumption area permit issued by the Director.
Club has the meaning provided by K.S.A. 41-2601, as amended.
Distributor means the person importing or causing to be imported into the state, or purchasing or causing to be purchased within the state, alcoholic liquor for sale or resale to retailers under the provisions of the Kansas Liquor Control Act, being K.S.A. chapter 41, articles 1 through 11, as amended.
Director means the director of alcoholic beverage control of the Kansas Department of Revenue.
Domestic beer means beer which contains not more than eight percent alcohol by weight and which is manufactured in this state.
Domestic fortified wine means wine which contains more than fourteen (14) percent, but not more than twenty (20) percent alcohol by volume and which is manufactured in this state without rectification.
Domestic table wine means wine which contains not more than fourteen (14) percent alcohol by volume and which is manufactured without rectification or fortification in this state.
Drinking establishment has the meaning provided by K.S.A. 41-2601, as amended.
Enhanced cereal malt beverage means beer, as defined by section 5-16, containing not more than six (6) percent alcohol by volume when such beer is sold or offered for sale by a person who does not possess a license, permit, or other legal authorization to do so pursuant to other articles of this chapter.
Highway, as defined by K.S.A. 8-1424, as amended, means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
Licensee is a person who has a license as herein required.
Manufacture means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with any alcoholic liquor, or with beer regardless of its alcoholic content and includes blending.
Manufacturer means every brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic liquors as above defined or beer regardless of its alcoholic content.
Microbrewery means a brewery licensed by the director of alcoholic beverage control of the department of revenue to manufacture, store and sell domestic beer.
Microbrewery packaging and warehousing facility means a microbrewery licensed to perform those functions authorized under K.S.A. 41-308b(b), as amended.
Minor means any person under twenty-one (21) years of age.
Municipal corporation means the governing body of any county or city.
Nonbeverage user means every manufacturer of any of the products set forth and described in K.S.A. 41-501, as amended, when the same contains alcohol or wine, and all laboratories using alcohol for nonbeverage purposes.
Original package means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor. Original package does not include a sleeve.
Person means any natural person, firm, corporation, limited liability company, partnership, trust or association.
Place of business shall mean any place at which cereal malt beverages or enhanced cereal malt beverages are sold.
Restaurant means a licensed food service establishment, as defined by K.S.A. 36-501, as amended, which, as determined by the director, derives not less than fifty (50) percent of its gross receipts in each calendar year from the sale of food for consumption on the club premises.
Retailer means a person who sells at retail, or offers for sale at retail, cereal malt beverage, enhanced cereal malt beverage or alcoholic liquors for use or consumption and for resale in any form. Retailer does not include a microbrewery, microdistillery or a farm winery.
Sale means any transfer, exchange or barter in any manner or by any means whatsoever for a consideration and includes all sales made by any person, whether principal, proprietor, agent, servant or employee.
Salesperson means any natural person who:
(1) Procures or seeks to procure an order, bargain, contract or agreement for the sale of alcoholic liquor or cereal malt beverage; or
(2) Is engaged in promoting the sale of alcoholic liquor or cereal malt beverage, or in promoting the business of any person, firm or corporation engaged in the manufacturing and selling of alcoholic liquor or cereal malt beverage, whether the seller resides within the state and sells to licensed buyers within the state, or whether the seller resides without the state and sells to licensed buyers within the state.
Sell at retail and sale at retail refer to and mean sales for use or consumption and not for resale in any form and sales to clubs, licensed drinking establishment, a licensed caterers or a holder of a temporary permit. "Sell at retail" and "sale at retail" do not refer to or mean sales by a distributor, a microbrewery, a farm winery, a licensed club, a licensed drinking establishment, a licensed caterer or a holder of a temporary permit.
Sidewalk, as defined by K.S.A. 8-1465, as amended, means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for use by pedestrians.
Special event refers to:
(1) Any parade, non-funeral procession, fair, festival, carnival, exhibition, circus, public celebration, rally, party, motorcade, fun run, fundraising walk, street dance, bike-a-thon, race, athletic event, block party, or other attended entertainment or celebration that is to be held in whole or in part upon publicly owned property and/or public right-of-way and requires support services from the city;
(2) The filming of a movie, video, or television show; or
(3) Any private event held wholly upon private property that will nevertheless affect or impact the ordinary and regular use of public property or public rights-of-way within the vicinity of the event by the general public.
Special event CMB retailer's permit is a permit issued to pursuant to K.S.A. 41-2703(e), as amended, and this chapter that allows the permit holder to offer for sale, sell and serve cereal malt beverage for consumption on unpermitted premises, which may be open to the public.
Special event temporary permit is a permit issued pursuant to K.S.A. 41-2645(e), as amended, that allows the permit holder to offer for sale, sell and serve alcoholic liquor for consumption on public streets, alleys, roads, sidewalks or highways for a special event approved by the governing body by ordinance.
Spirits means any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
Street, as defined by K.S.A. 8-1473, as amended, means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic.
Supplier means a manufacturer of alcoholic liquor or cereal malt beverage or an agent of such manufacturer, other than a salesperson.
To sell includes to solicit or receive an order for, to keep or expose for sale and to keep with intent to sell.
Wine means any alcoholic beverage obtained by the normal alcoholic fermentation of the juice of sound, ripe grapes, fruits or berries, or other agricultural products, including such beverages containing added alcohol or spirits or containing sugar added for the purpose of correcting natural deficiencies.
Wholesaler or distributor shall mean individuals, firms, copartnerships, corporations, limited liability companies, and associations which sell or offer for sale any beverage referred to in this chapter, to persons, copartnerships, corporations and associations authorized by this chapter to sell cereal malt beverages or enhanced cereal malt beverages at retail.
Sec. 5-2. Consumption of alcoholic beverage generally.
The provisions of K.S.A. 41-719, as amended, are incorporated by reference regarding the consumption of alcoholic liquor within the corporate limits of the city. The provisions of K.S.A. 41-2701, et seq., as amended, are incorporated by reference regarding the consumption of any cereal malt beverage within the corporate limits of the city.
Sec. 5-3. Consumption of alcoholic liquor authorized.
(a) The consumption of alcoholic liquor by any person twenty-one (21) years of age or over shall be authorized in this city:
(1) Upon private property by those occupying such private property as an owner or as the lessee of an owner and by the guests of the owner or lessee provided that no charge is made by the owner or lessee for the serving or mixing of any drink or drinks of alcoholic liquor or for any substance comixed with any alcoholic liquor; and if no sale of alcoholic liquor in violation of K.S.A. 41-803, as amended, takes place on such private property;
(2) At a club or drinking establishment licensed by the city and by the state alcoholic beverage control board;
(3) In a lodging room of any hotel, motel or boarding house by the occupant of the lodging room or the occupant's guests provided the occupant is not engaged in a sale of liquor in violation of K.S.A. 41-803, as amended; and if the occupant makes no charge for serving or mixing any drink or drinks of alcoholic liquor, or for any substance comixed with any alcoholic liquor;
(4) In a private dining room of a hotel, motel or restaurant when the dining room is rented or made available on a special occasion to an individual or organization for a private party and if no sale or alcoholic liquor in violation of K.S.A. 41-803, as amended, takes place at the private party.
(b) The consumption of alcoholic liquor at any place other than that provided in this section shall be deemed to be the consumption of alcoholic liquor in a place in which the general public has access.
Sec. 5-4. Restrictions on location.
No license or permit shall be issued for retail sales or for the sale of alcoholic liquor or CMB if the location does not meet the Zoning Code requirements of the City.
Sec. 5-5. General prohibition; exceptions.
(a) No person shall manufacture, bottle, blend, sell, barter, transport, deliver, furnish or possess any alcoholic liquor for beverage purposes, except as specifically provided in this chapter and the Kansas Liquor Control Act, as amended, except that nothing contained therein shall prevent:
(1) The possession and transportation of alcoholic liquor for the personal use of the possessor, his or her family and guests except that the provisions of K.S.A. 41-110 relating to transportation and the provisions of K.S.A. 41-407, as amended, shall be applicable to all persons;
(2) The making of wine, cider, or beer by a person from fruits, vegetables or grains, or the product thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker and his or her family;
(3) Any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of his or her profession;
(4) Any hospital or other institution caring for the sick and diseased persons, from possessing and using alcoholic liquor for the treatment of bona fide patients of such hospital or institution;
(5) Any drugstore employing a licensed pharmacist from possessing and using alcoholic liquor in the compounding of prescriptions of duly licensed physicians;
(6) The possession and dispensing of wine by an authorized representative of any church for the purpose of conducting any bona fide rite or religious ceremony conducted by such church;
(7) The purchase, possession or sale of alcoholic liquor by a club licensed pursuant to K.S.A. article 26 of chapter 41, as amended; or
(8) Any microbrewery or microbrewery packaging and warehousing facility from engaging in any activities permitted under a microbrewery license or a microbrewery packaging and warehousing facility license issued pursuant to K.S.A. 41-308b, as amended; except that the provisions of section 5-18 shall be applicable to microbreweries and microbrewery packaging and warehousing facilities.
(b) None of the provisions of this chapter shall apply:
(1) To flavoring extracts, syrups, or medicinal, mechanical, scientific, culinary or toilet preparations, or food products unfit for beverage purposes, but the provisions of this chapter shall not be construed to exclude or not apply to alcoholic liquor used in the manufacture, preparation or compounding of such preparations and products;
(2) The wine intended for use and used by any church or religious organization for sacramental purposes;
(3) To the manufacture of denatured alcohol produced in accordance with acts of congress and regulations promulgated thereunder.
Sec. 5-6. Sale of liquor to incapacitated or intoxicated person; penalties.
(a) No person shall knowingly 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 an incapacitated person, or any person who is physically or mentally incapacitated by the consumption of such liquor.
(b) Violation of this section is a misdemeanor punishable by a fine of not less than one hundred dollars ($100.00) and not exceeding two hundred fifty dollars ($250.00) or imprisonment not exceeding thirty (30) days, or both.
Sec. 5-7. Possession, transportation regulated.
Subject to the limitations hereinafter provided, the possession and transportation of alcoholic liquor for personal use only shall be legal:
(1) Transporting. It shall be unlawful for any person to transport in any vehicle upon a public highway, street or alley, within the corporate limits of the city, any alcoholic liquor, except in the original package or container which shall not have been opened and the seal upon which shall not have been broken and from which the original cap or cork shall not have been removed, unless the opened package or container is in the locked rear trunk or rear compartment, or any locked outside compartment which is not accessible to the driver or any other person in said vehicle while it is in motion. Any person violating this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than two hundred dollars ($200.00), or by imprisonment for not more than six (6) months or by both such fine and imprisonment.
(2) Possessing. It shall be unlawful for any person to have in his possession any cask or package of alcoholic liquor without having thereon each mark and stamp required by the Kansas Liquor Control Act, being K.S.A. chapter 41, articles 1 through 11, as amended; provided, that nothing herein contained shall apply to the possession and transportation of alcoholic liquors by any manufacturer, wholesaler, distributor, retailer, non-beverage user or common carrier operating pursuant to the provisions of the Kansas Liquor Control Act, being K.S.A. chapter 41, articles 1 through 11, as amended, or to the possession and transportation of wine imported solely for use by any church or religious organization for sacramental purposes and uses.
Sec. 5-8. Committing act that is grounds for revocation prohibited.
It is hereby made unlawful for any person to commit any act which is made a cause for the revocation of any license under this chapter.
Sec. 5-9. Place of business to be open to public and police.
A place of business shall be open to the public and to the police at all times during business hours; provided that a premises licensed as a club under a license issued by the state director of alcoholic beverage control need only be open to the police.
Sec. 5-10. Possessing alcoholic liquor in premises.
No person shall have any alcoholic liquor except enhanced cereal malt beverages in such person's possession while in a place of business, unless the premises are currently licensed, permitted, or legally authorized to possess such alcoholic liquor under applicable law, including but not limited to, K.S.A. 41-301 et seq.; K.S.A. 41-701 et seq.; the Club and Drinking Establishment Act, K.S.A. 41-2601 et seq.; as amended; or other provisions of this chapter.
Sec. 5-11. Misrepresenting age.
No person under the legal age for consumption of cereal malt beverage or enhanced cereal malt beverage shall represent that he or she is of said age for the purpose of asking for, purchasing or obtaining by any means any cereal malt beverage or enhanced cereal malt beverage from any person.
Sec. 5-12. Loitering by persons under legal age.
No person under the legal age for consumption of cereal malt beverage shall enter into or loiter about any place of business selling cereal malt beverages; such restrictions shall not apply to the premises of a retailer who sells cereal malt beverages for consumption off his premises only, or to places where the major income is from the sale of food for consumption on the premises, or a premise for which a bowling alley license has been issued by the city for the current year, or the Tony’s Pizza Event Center.
Sec. 5-13. Intoxication and disorderly conduct.
No licensee shall sell or use or give away or permit the sale or use or giving away within or upon such licensed premises by any person, of any intoxicating liquor of any kind, nor shall such licensee permit any intoxicated person to be or remain upon any such licensed premises, or permit any disorderly conduct in such premises, at any time, and the presence of any intoxicated person in or upon any such licensed premises, or the existence of any disorderly conduct by any persons in or upon the premises, at any time, shall be deemed to be conclusive evidence that such intoxicated person is there, or that such disorderly conduct exists, with the permission of such licensee.
Sec. 5-14. Licensee responsible for acts of employees.
Every person to whom any license is issued under this chapter shall be responsible for the acts and conduct of all persons engaged in managing, conducting or carrying on such licensed business and for the acts and conduct of all employees engaged in carrying on such business and the violation by any such persons shall be deemed the act of the licensee for all of the purposes of this chapter.
Sec. 5-15. General cleanliness and sanitation.
Every place of business licensed under this chapter and all equipment used in connection with the sale of cereal malt beverages and all persons employed in such places of business shall be kept in a clean and sanitary condition and no person shall be employed in or about such business place who is not in good health or who is afflicted with or suffering from any infectious or contagious disease.
Sec. 5-16. Inspection of premises.
All premises where any business is conducted under any license issued pursuant to this chapter shall be open for inspection by police officers of the city at all times, and every person to whom any such license is issued and every employee of such person shall disclose to any officer of the city, upon demand, all information relating to the source of supply of the beverage sold by him or in his possession, when and from whom the same was purchased and any other information pertaining to the same which may be required by any such officer.
Sec. 5-17. Samples for analysis.
Every licensee shall, upon demand of any police officer or any other officer of the city, furnish to any such officer without compensation at least two (2) samples of each and every kind of character of beverage which is in the possession of any such licensee in any such place of business for the purpose of examining and testing the same.
Sec. 5-18. Wholesalers, distributors to be licensed by state.
It shall be unlawful for any wholesaler or distributor, his or its agents or employees, to sell or deliver cereal malt beverages or enhanced cereal malt beverages within this city to persons authorized under this chapter to sell the same within the city unless such wholesaler or distributor has first secured a license from the director of revenue of the state authorizing such sales.
Sec. 5-19. Restrictions as to be brewers, manufacturers, distributors, agents and wholesalers.
(a) It shall be unlawful for any brewer or brewers to sell, deliver or distribute cereal malt beverages or malt products in the state except to a licensed wholesaler of such.
(b) (1) Except as provided in paragraph (2) of this subsection (b), no manufacturer, distributor, agent or wholesaler shall:
a. Directly or indirectly sell, supply, furnish, give, pay for, loan or lease any furnishings, fixture or equipment on the premises of a place of business of a retailer;
b. Directly or indirectly pay for any retailer's license or advance, furnish, lend or give money for payment of such license;
c. Purchase or become the owner of any note, mortgage or other evidence of indebtedness of a retailer or any form of security therefor;
d. Directly or indirectly be interested in the ownership, conduct or operation of the business of any retailers; or
e. Be directly or indirectly interested in or owner, part owner, lessee or lessor of any premises upon which cereal malt beverages are sold at retail.
(2) A distributor, agent or wholesaler may sell tapping and dispensing equipment, as defined by rules and regulations adopted by the secretary of revenue, at not less than the cost paid for such equipment by the distributor, agent or wholesaler. The terms of any such sale shall comply with the provisions of K.S.A. 41-2706, as amended. Such sales shall not be subject to any repurchase agreement.
(c) No manufacturer, distributor or wholesaler shall, directly or indirectly or through a subsidiary or affiliate, or by any officer, director or firm of such manufacturer, distributor or wholesaler, furnish, give, lend or rent any interior decorations other than signs, costing in the aggregate more than one hundred dollars ($100.00) in any one (1) calendar year for use in or about or in connection with any one (1) establishment on which products of the manufacturer, distributor or wholesaler are sold.
(d) No person engaged in the business of manufacturing, distributing or wholesaling cereal malt beverages shall, directly or indirectly, pay for or advance, furnish or lend money for the payment of any license for another.
(e) Any licensee who shall permit or assent, or be a party in any way to any violation or infringement of the provisions of this section, shall be deemed guilty of a violation of this act, and any money loaned contrary to a provision of this chapter shall not be recovered back, or any note, mortgage or other evidence of indebtedness, or security, or any lease or contract obtained or made contrary to this chapter shall be unenforceable and void.
(f) No wholesaler or distributor shall sell any cereal malt beverage to any person who has not secured a license as provided for in this chapter and no wholesaler or distributor shall sell any cereal malt beverage to any retailer located outside the geographic area designated in the wholesaler's or distributor's application for a license pursuant to K.S.A. 79-3837, as amended, except that if any wholesaler or distributor shall refuse to sell any cereal malt beverage or provide service in connection therewith to any retailer located within such wholesaler's or distributor's geographic territory, it shall be lawful for any other wholesaler or distributor to sell any such cereal malt beverage to such retailer.
(g) (1) Except as provided in paragraph (2) of this subsection (g), no brewer or breweries shall directly or indirectly or through a subsidiary or affiliate, or by any officer, director or firm of such brewer or breweries:
a. Furnish, give or lend money for the payment of any license for any wholesaler for the payment of any license for any wholesaler in the state;
b. Have or own any financial interest directly or indirectly in the ownership, conduct or operation of the business of any wholesaler in the state;
c. Be directly or indirectly interested in or owner, part owner, lessee or lessor of any premises upon which cereal malt beverages are sold at wholesale; or
d. Engage in the wholesale distribution of cereal malt beverages or malt products in the state.
(2) Nothing herein shall be construed to prohibit brewers from making sale and deliveries of cereal malt beverages or malt products to licensed wholesalers in the state or to a branch, subsidiary or affiliate located in the state, from which, on or before January 14, 1947, it had been dispensing at wholesale cereal malt beverage or malt products and for which it holds, directly or indirectly, a license and pays a license tax as provided for in K.S.A. 79-3837, as amended.
Nothing contained in this section shall make it unlawful for any person to be a member of a club licensed as such by the director of alcoholic beverage control nor shall membership in such a club by any person constitute a disqualification of any person for any license under this chapter.
Sec. 5-20. Responsibility for violations on property; abatement.
(a) Any person allowing consumption of alcoholic liquor in violation of this chapter on any property owned, leased or otherwise under his control shall, upon conviction, be deemed guilty of a misdemeanor.
(b) The property on which the violation takes place is declared to be a common nuisance and as such is subject to abatement as provided for any other liquor nuisance in K.S.A. 41-805, as amended.
Sec. 5-21. Suspension or revocation of license.
The governing body, or its designee, shall immediately revoke the license of any licensee whenever the state license of the licensee is revoked by the state for any reason.
The governing body, or its designee, upon five (5) days' written notice to the person holding such license to sell alcoholic liquor, may permanently revoke or cause to be suspended for a period of not more than thirty (30) days the license of any licensee for any one (1) or more of the following reasons:
(1) The licensee has fraudulently obtained the license by giving false information in the application therefore or any hearing thereon;
(2) The licensee has violated any of the provisions of K.S.A. chapter 41, article 26, as amended, or any ordinance of the city prescribing rules or regulations relating to the operation of clubs or drinking establishments;
(3) The licensee has become ineligible to obtain a license;
(4) Drunkenness of the licensee's manager or employee while on duty, or the licensee, its manager or employee has permitted any disorderly person to remain in the licensed premises, or for a licensee, whose manager or employee permits any intoxicated person to remain in such place selling alcoholic liquor;
(5) Violation on the premises of any provision of the laws of this state, or of the United States, pertaining to the sale of intoxicating or alcoholic liquors or beverages or any crime involving a "morals charge" as defined in subsection (b) of K.S.A. 41-2610, as amended;
(6) The purchase and display in the licensed premises by the licensee, its managing officers or any employee of a federal wagering occupational stamp issued by the United States Treasury Department;
(7) The purchase and display in the licensed premises by the licensee, its managing officers or any employee, of a federal coin operated gambling device stamp for the club premises issued by the United States Treasury Department;
(8) The licensee has been found guilty of a violation of article 10 of chapter 44 of the Kansas Statutes Annotated, as amended, under a decision or order of the civil rights commission which has become final or such licensee has been found guilty of a violation.
(9) For employing a person who has been adjudged of a felony, a violation of an offense involving a morals charge, or a violation of intoxicating liquor or drug law. The city manager may require any employee of a licensee to submit to fingerprinting to determine if a violation of this section has occurred, and the failure of the employee to submit to fingerprinting shall be prima facie evidence that the employee is ineligible for employment under the provisions of this section;
(10) If the licensee has become ineligible to obtain a license or permit under this chapter;
(11) The sale or gift of cereal malt beverage or alcoholic liquor to a minor by a licensee, his manager, or employee;
(12) The nonpayment of any license tax payable pursuant to this chapter;
(13) Failure to permit inspection as allowed by this chapter.
The governing body delegates to the city manager the authority to revoke or suspend a club or drinking establishment license consistent with the criteria specified in subsection 5-102(e).
Sec. 5-22. Penalty.
Except as otherwise specified, any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by:
(1) A fine of not more than four hundred ninety-nine dollars ($499.00); or
(2) Imprisonment in jail for not more than one hundred seventy-nine (179) days; or
(3) Both such fine and imprisonment not to exceed subsections (1) and (2) of this section.
Sec. 5-23. – Sec. 5-29. Reserved
ARTICLE II. ON PUBLIC PROPERTY
Sec. 5-30. Consumption of alcoholic beverage or possession of an open container of alcoholic beverage on public streets, alleys, roads, sidewalks, or highways.
No person shall drink or consume alcoholic beverage or possess an open container of alcoholic beverage on the public streets, alleys, roads, sidewalks, or highways within the corporate limits of the city or inside any vehicle while upon such public streets, alleys, roads, sidewalks, or highways, except:
(1) Within a sidewalk dining area pursuant to chapter 35, article XII of this Code.
(2) Within any common consumption area designated by the governing body pursuant to K.S.A. 41-2659, as amended, except that no alcoholic liquor may be consumed inside vehicles while on public streets, alleys, roads, sidewalks, or highways within a common consumption area.
(3) In the case of alcoholic liquor, pursuant to a special event permit issued for a special event to be conducted on public streets, alleys, roads, or adjoining sidewalks, located within the Salina Business Improvement District Number 1, Oakdale Park, Jerry Ivey Park, Bill Burke Park, or the Berkley Family Recreational Area, provided that:
a. A written request for a special event including possession and consumption of alcoholic liquor has been made to the governing body on an application form provided by the city;
b. Based upon the information contained in the written application, the special event is reviewed and approved by the governing body, by ordinance and with or without conditions, on the basis of criteria established by resolution of the governing body;
c. Such public streets, alleys, roads, or adjoining sidewalks are closed to motor vehicle traffic by the governing body for the duration of the special event; and
d. A temporary permit, caterer's license, or extension of licensed premises has been obtained for the special event pursuant to state law.
(4) In the case of cereal malt beverage, in association with and subject to the requirements of an approved special event cereal malt beverage retailer's permit issued pursuant to chapter 5, article III of this Code, and all other applicable laws, within the boundaries of an approved cereal malt beverage special event located upon public streets, alleys, roads, sidewalks, or highways; provided, however, no cereal malt beverages may be consumed inside vehicles while on public streets, alleys, roads, sidewalks, or highways at any such special event.
Sec. 5-31. Consumption or possession of an open container of alcoholic beverage on property the title of which is vested in the city.
Pursuant to and consistent with K.S.A. 41-719, as amended, as incorporated by reference in section 5-2, in relation to property the title of which is vested in the city the specified locations and facilities categorized in section 5-4, table 1, as "prohibited", “Special Event Retailer’s Permit”, or "permitted" shall be subject to the following corresponding regulations for each category:
(1) "Prohibited": No person shall drink or consume alcoholic beverage or possess an open container of alcoholic beverage at that location or facility.
(2) “Special Event Retailer’s Permit”: No person shall drink or consume alcoholic beverage or possess an open container of alcoholic beverage at that location or facility except upon qualification for exemption from such prohibitions upon the issuance by the city of a special event permit approved by the city manager, with or without conditions, based upon the information contained in a written application form provided by the city and consideration on the basis of criteria by resolution of the governing body, subject to all applicable rules in effect for such location or facility. No alcoholic beverages may be served in glass containers within the boundaries of an approved special event.
(3) "Permitted" shall be exempt from the prohibitions against drinking or consuming alcoholic beverage or possessing an open container of alcoholic beverage at that location or facility, subject to all applicable rules in effect for such location or facility. No alcoholic beverages may be in glass containers where the consumption of alcoholic beverages is permitted.
Sec. 5-32. Table 1 – Classification of locations and facilities on property the title of which is vested in the city.
Parks and Community Centers | All Alcoholic Beverages |
Barkley Dog Park | Permitted |
Centennial Park | Permitted |
Friendship Center | Prohibited |
Country Club Park | Permitted |
Founders Park | Permitted |
Gleniffer Hill Park | Permitted |
Gypsum Hill Cemetery | Permitted |
Hawthorne Park | Permitted |
Indian Rock Park | Permitted |
Indian Rock Lodge | Prohibited |
Jerry Ivey Memorial Park | Permitted |
Kennedy Park | Prohibited |
Kenwood Cove Aquatic Park | Prohibited |
Kenwood Park | Permitted |
Lakewood Park | Permitted |
Lakewood Discovery Center | Prohibited |
Lum Felton Park | Permitted |
Meadowlark Park | Prohibited |
Oakdale Park | Permitted |
Oxbow Park | Permitted |
Pacific Park | Permitted |
John C. Parker Park | Permitted |
Carver Center | Prohibited |
Phillips Park | Permitted |
Riverside Park | Permitted |
Schilling Park | Prohibited |
Steve Hawley Park | Permitted |
Stimmel School (Community Garden) | Permitted |
Sunset Park | Permitted |
Thomas Park | Permitted |
Kiva | Prohibited |
Woodland Park | Permitted |
Unnamed Park on Redhawk Lane | Permitted |
Lincal Park (Located near YMCA) | Permitted |
East Cloud (Former USD 305 lab) | Permitted |
Sports Facilities |
Berkley Family Recreational Area (BFRA) | Permitted |
Bill Burke Memorial Park | Prohibited |
Magnolia Soccer Complex | Permitted |
Salina Fieldhouse | Prohibited |
Salina Tennis Complex | Permitted |
Salina Municipal Golf Course | Permitted |
Earl J. Bondy Fields | Permitted |
Plazas |
Strand Plaza | Special Event Retailer’s Permit |
Spillman Plaza | Special Event Retailer’s Permit |
Campbell Plaza | Special Event Retailer’s Permit |
Phillips Plaza | Special Event Retailer’s Permit |
67401 Plaza | Special Event Retailer’s Permit |
Other Locations |
Salina Animal Shelter | Prohibited |
Animal Shelter Dog Park | Prohibited |
Saline County Livestock and Expo Center | Prohibited |
Memorial Hall | Prohibited |
Tony's Pizza Events Center Grounds and Parking Lot | Permitted |
Ag Hall | Permitted |
Kenwood Hall | Permitted |
4-H Building | Permitted |
Smoky Hill Museum | Permitted |
Public Streets | Special Event Retailer’s Permit |
Additional Areas |
City Lights Stage / Parking Lot | Special Event Retailer’s Permit |
Levee Trails | Special Event Retailer’s Permit |
City Owned Parking Lots | Special Event Retailer’s Permit |
Individual License Agreements (Plazas & Sidewalk Dining) | Permitted |
Any Public Building or Property Not Listed | Prohibited |
Sec. 5-33. Common consumption areas.
(a) Common Consumption Area Established-Boundaries. Pursuant to K.S.A. 41-2659, as amended, the governing body hereby establishes a downtown Common Consumption Area (hereinafter “CCA”). The CCA shall include the boundaries of which shall be as follows: Beginning at the intersection of South Street and Seventh Street; Thence North on the centerline of Seventh Street to a point 200 feet South of the centerline of Iron Ave; Thence West to the center of the alley that is located between Seventh and Eighth Street; Thence South 60 feet; Thence West to the center of Eighth Street; Thence North 60 feet; Thence West to the centerline of Ninth Street; Thence North to the center of Iron Avenue; Thence East to the center of Seventh Street; Thence North to the center of Elm Street; Thence East to the center of Fifth Street; Thence South to the center of Iron Avenue; Thence East to the center of the Old Smoky Hill River; Thence Southeasterly up the Old Smoky Hill River to the center of the alley that is located between Fourth street and Third Street; Thence South to the center of Walnut Street; Thence West to the center of Fifth Street; Thence South to the center of South Street; Thence West to the center of Seventh Street and the point of beginning. (As depicted on the common consumption area map shown below in section 5-34. Figure 1 – common consumption area map.)
(b) Hours. The possession and consumption of alcoholic liquor or cereal malt beverage in the downtown CCA shall be allowed only between the hours of 9 a.m. and 12 a.m. Sunday through Saturday.
(c) State permit required. Possession and consumption of alcoholic liquor or cereal malt beverage is authorized provided that a common consumption permit has been issued to the City by the director in accordance with K.S.A. 41-2659, as amended.
(d) Authorized alcoholic liquor/cereal malt beverage containers. All alcoholic liquor or cereal malt beverage removed from a premise licensed by the director shall be served in a plastic or aluminum cup that displays the licensee’s name, logo or other identifying mark that is unique to the licensee. No alcoholic beverage removed from a licensed premise shall be in an aluminum can or glass container.
(e) Purchases outside of a CCA. The possession or consumption of alcoholic liquor or cereal malt beverage purchased outside the boundaries of the CCA shall not be permitted to be consumed on streets, alleys, roads, sidewalks, or highways or publicly-owned property inside the boundaries of the CCA.
(f) Purchases within a CCA. No open container of alcoholic liquor or cereal malt beverage purchased within the CCA shall be removed from the boundaries of the CCA.
(g) Inappropriate conduct. Inappropriate conduct shall not be permitted within the boundaries of the CCA. Any person engaging in inappropriate conduct may be subject to removal from the CCA or any event held within the CCA. Inappropriate conduct includes, but is not limited to, fighting, harassment, destruction of property or committing any violation of City ordinances or state law.
(h) Compliance with regulations. All licenses approved by the director to participate in the CCA shall at all times comply with all City ordinances, state and federal laws regulating the purchase, sale and consumption of alcoholic liquor and cereal malt beverage.
(i) Authorization for CCA permit. The city manager or designee is authorized to take all necessary actions relative to administering a CCA, including but not limited to, enacting regulations and executing all documents required to obtain a CCA permit on behalf of the City.
(j) Authorized participants within CCA. An on-premise licensee, temporary permit holder, or licensed caterer who has received approval from the Kansas Alcoholic Beverage Control may sell or serve alcoholic liquor or cereal malt beverage at a special event held entirely within the boundaries of the CCA without the approval of a separate city-issued Alcoholic Beverage Special Event Retailer’s Permit. Any temporary permit holder or licensed caterer who requests to participate in the CCA by selling or serving alcoholic liquor or cereal malt beverage at a special event must notify the City if they are going to participate in the CCA at least thirty (30) days in advance of the special event. Any on premise licensee, temporary permit holder or licensed caterer who is requesting to participate in the CCA must provide the city with a photo or sample of the plastic or aluminum cup that displays the licensee’s name, logo or other identifying mark that is unique to the licensee
(k) Special events within CCA. Any event sponsor or organizer who intends to allow sale and/or consumption of alcoholic liquor or cereal malt beverage at a special event held within the boundaries of the CCA taking place on public streets, roadways, alleys, sidewalks, or publicly owned property who has not received approval to participate in the CCA shall request approval from the governing body or the city manager of an Alcoholic Beverage Special Event Retailer’s Permit. In their action approving a special event involving the sale and/or consumption of alcoholic liquor or cereal malt beverage, the governing body or the city manager or designee may direct that any public street, roadway, alley or parking lot within the CCA be closed to vehicular traffic in the interest of public safety.
Sec. 5-34. Common consumption areas. Figure 1 – common consumption area map.
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Sec. 5-35. – Sec. 5-39. Reserved
ARTICLE III. ON PRIVATE PROPERTY
Division 1. CMB and Enhanced CMB Retailer’s License
Sec. 5-40. City retailer’s license required.
(a) No person shall sell any cereal malt beverage or enhanced cereal malt beverage at retail without first having secured:
(1) A license for each place of business which such person desires to operate within the corporate limits of the city, as herein provided and a person having only a license to sell at retail cereal malt beverages or enhanced cereal malt beverages as a retailer for consumption off the premises as designated in this division shall not sell any such beverage in any other manner, and a person having only a license to sell cereal malt beverages or enhanced cereal malt beverages as a general retailer shall not sell any such beverage in any other manner than that covered by such license; provided, that a general retailer may also secure a license as a retailer for consumption off the premises on complying with the requirements of this division and securing an additional license as a retailer for consumption off the premises; or
(2) A special event CMB retailer's permit which shall allow the permit holder to offer for sale, sell and serve cereal malt beverage for consumption on unpermitted premises, which may be open to the public, subject to the following:
a. A special event retailer's permit shall specify the premises for which the permit is issued;
b. A special event retailer's permit shall be issued for the lesser of the duration of the special event or three (3) consecutive days, excluding Sundays, the dates and hours of which shall be specified in the permit; and
c. A special event retailer's permit shall not be transferable or assignable.
(b) A special event CMB retailer's permit holder shall not be subject to the provisions of the Beer and Cereal Malt Beverage Keg Registration Act, K.S.A. 41-2901 et seq., as amended.
(c) For the purpose of this division, the term "retail license" shall refer to both a retail license and a special event retailer's permit.
(d) A special event CMB retailer's permit shall be issued by the city manager, with or without conditions, based upon the information contained in a written application on a form provided by the city and consideration on the basis of criteria established by resolution of the governing body.
(e) The above paragraphs notwithstanding, nothing in this section shall be construed to limit the sale of cereal malt beverages or enhanced cereal malt beverages as permitted under other licenses, permits, or legal authorizations, including, but not limited to licenses, permits, or legal authorizations issued pursuant to K.S.A. 41-301 et seq.; K.S.A. 41-701 et seq.; the Club and Drinking Establishment Act, K.S.A. 41-2601 et seq.; as amended; or other provisions of this chapter.
(f) All valid licenses, permits, or legal authorizations issued pursuant to this division prior to April 1, 2019, shall be construed to permit the sale at retail of enhanced cereal malt beverages on and after April 1, 2019.
(g) Provisions of this chapter pertaining to licenses, permits, or other legal authorizations for alcoholic liquor sales or consumption notwithstanding, this section shall be construed to allow enhanced cereal malt beverage sales at retail pursuant to a valid retail license.
Sec. 5-41. Application.
(a) Any person desiring a retail license shall make application to the board of commissioners and accompany the application with the required license fee for each place of business for which the person desires the license. The application shall be verified, and upon a form prepared by the attorney general of the state and shall contain such information as the board of commissioners may require which shall include the following:
(1) The name and residence of the applicant and how long he has resided within the state;
(2) The particular place for which a license is desired;
(3) The name of the owner of the premises upon which the place of business is located;
(4) A statement that the applicant is a citizen of the United States and not less than twenty-one (21) years of age and that he has not within two (2) years immediately preceding the date of making application been convicted of a felony or any crime involving moral turpitude, drunkenness, 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.
(b) Each application, in case the applicant is a corporation, shall be accompanied by affidavits executed by each officer, director and stockholder owning in the aggregate more than twenty-five (25) percent of the corporation's stock, and of the manager of such business, containing the same information as hereinabove required of an individual applicant, and in case the applicant is a partnership, firm or association, the application shall be accompanied by affidavits duly executed by each member of such firm, copartnership or association, and of the manager of such business, containing the same information.
Sec. 5-42. Fees.
(a) License fees under this division shall be prescribed in section 2-2.
(b) The full amount of the retail license fee shall be required regardless of the time of the year in which the application for a license hereunder 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.
Sec. 5-43. Persons not entitled to a retail license.
(a) No retail license required by this division shall be issued to:
(1) Residency. A person who is not a resident of the county and who has not been a resident in good faith of the state for at least one (1) year prior to the application and a resident of the county for at least six (6) months prior to the application;
(2) Good character and reputation. A person who is not of good character and reputation in the community in which he resides;
(3) Citizenship. A person who is not a citizen of the United States;
(4) Criminal record. A person who within two (2) years immediately preceding the date of application approval has been convicted of, released from incarceration for, or released from probation or parole for a felony, any crime involving moral turpitude, drunkenness, driving a motor vehicle while under the influence of intoxicating liquor, or violation of any other intoxicating liquor law of any state or of the United States;
(5) Partnership. A partnership, unless one of the partners is a resident of the county, and unless all the members of such partnership shall otherwise be qualified to obtain a license;
(6) Corporation. A corporation, if any manager, officer or director thereof or any stockholder owning in the aggregate more than twenty-five (25) percent of the stock of such corporation, would be ineligible to receive a license hereunder for any reason other than citizenship and residency requirements;
(7) Manager or agent. A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required by the licensee.
(8) Spouse ineligible. A person whose spouse would be ineligible to receive a retailer's license for any reason other than citizenship, residence requirements, or age, except that this subsection shall not apply to a renewal license.
(9) Spouse convicted of a crime. A person whose spouse has been convicted of a felony or other crime which would disqualify a person from licensure under this section and such felony or other crime was committed during the time that the spouse held a license under this division.
(b) After examination of an application for a retailer's license, the board of commissioners may deny a license to a person, partnership, or corporation if any manager, officer, or director thereof, or any stockholder owning in the aggregate more than twenty-five (25) percent of the stock of such corporation, has been an officer, manager, director, or a stockholder owning in the aggregate more than twenty-five (25) percent of the stock, of a corporation which has:
(1) Had a retailer's license revoked under K.S.A. 41-2708, as amended; or
(2) Been convicted of a violation of the Club and Drinking Establishment Act, as amended, or the cereal malt beverage laws of this state.
The board of commissioners delegates to the city manager the authority to grant or deny a license consistent with the criteria specified in subsection 5-51(e).
Sec. 5-44. Examination; investigation; issuance.
If the application for a retail license is in the proper form and is accompanied by cash in the amount of the license fee, the approval of the zoning official, the health department and the chief of police, the city clerk shall approve the license and issue a retail license to the applicant. After approving the application the city clerk shall advise the board of commissioners of the action taken on the application.
Sec. 5-45. Journal to show action on retail license application.
The journal of the board of commissioners shall show the action taken on an application for a retail license hereunder.
Sec. 5-46. Application constitutes acceptance of regulations.
Every person shall by his application for a license under this division and by the acceptance thereof when issued, be deemed to have specifically agreed to abide by and to be bound by all of the rules, regulations and provisions set forth in this division and by all other ordinances relating to and regulating any such business and the manner of sale of any such beverages.
Sec. 5-47. Hours, days, sales and consumption prohibited.
(a) No person shall sell at retail cereal malt beverage or enhanced cereal malt beverage:
(1) Between the hours of 12:00 midnight and 6:00 a.m.;
(2) In the original package before 12:00 noon or after 8:00 p.m. on Sundays;
(3) On Easter Sunday; or
(4) For consumption on the licensed premises on Sunday, except in a place of business which is licensed to sell cereal malt beverage for consumption on the premises, which derives not less than thirty (30) percent of its gross receipts from the sale of food for consumption on the licensed premises.
(b) Subsection (a) notwithstanding, cereal malt beverages may be sold on premises which are licensed pursuant to both the Kansas Cereal Malt Beverage Act and the Club and Drinking Establishment Act, as amended, at any time when alcoholic liquor is allowed by law to be served on the premises.
Sec. 5-48. Transferability.
(a) The retail license required by this division shall not be transferable under any circumstances from one person to another or from or to any firm, co-partnership, corporation or association.
(b) The retail license required by this division shall apply only to the premises described in the application and in the license issued thereon, and only one location shall be so described in each license. After such retail license has been granted for a particular premises, the license may not be transferred by the same licensee from one location to another until the city clerk shall upon being authorized by the board of commissioners endorse upon the license permission to transfer the same to another location, but in order to obtain such permission the retail licensee shall file an application for retail license, which shall be subject to examination and investigation the same as if it were a new application and a statement under oath which shall show that the premises to which removal is to be made comply in all respects with the requirements of this division. No such removal shall be made by any licensee until his license has been endorsed to that effect by the city clerk.
(c) A retail license to sell cereal malt beverages and enhanced cereal malt beverages shall be purely a personal privilege, expiring on the thirty-first day of December in the year issued, unless sooner suspended or revoked, as in this division provided, and shall not constitute property, nor shall it be subject to attachment, garnishment, or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, except as stated in subsections (a) and (b) above, or subject to being encumbered or hypothecated. Such license shall not descend by the laws of testate or interstate succession, but it shall cease or expire upon the death of the licensee.
(d) Whenever an application is made for a retail license to be issued to a particular premise upon which there is a current valid license, the current retail license shall be delivered to the city clerk and the city clerk shall cancel the same upon the records of the city as of the date of issuance of the new license.
Sec. 5-49. Posting.
The retail license required by this division shall be kept posted in a conspicuous place in the place of business.
Sec. 5-50. Contents of retail license.
The license shall state the name of the licensee, the location of the place of business for which the license is issued and the calendar year for which it is issued, and that it is subject to revocation in the manner provided by law and by this division.
Sec. 5-51. License review; revocation, suspension procedure; initial appeal.
(a) In accordance with K.S.A. 41-2708, as amended, the board of commissioners may cause to be revoked or suspended a license for the reasons set forth herein. The board of commissioners delegates to the city manager the authority to revoke or suspend a license consistent with the criteria specified in subparagraph (e). The suspension period shall be for a period not less than seven (7), but no more than thirty (30) calendar days. The city manager may, upon five (5) days' notice to a retailer of cereal malt beverages or enhanced cereal malt beverages licensed under this division, conduct a hearing to determine whether to revoke or suspend such license for any one (1) of the following reasons:
(1) The licensee has violated the provisions of K.S.A. 41-2701 et seq., or this division, as amended, or any other ordinance of the city prescribing rules or regulations relating to cereal malt beverages or enhanced cereal malt beverages as herein defined;
(2) Drunkenness of the licensee or permitting any intoxicated person to remain in or upon the licensee's place of business;
(3) The sale of cereal malt beverages or enhanced cereal malt beverage to any person under the legal age for consumption of cereal malt beverage or enhanced cereal malt beverage;
(4) Permitting any person to mix drinks with materials purchased in or upon the place of business or brought in for that purpose;
(5) The sale or possession of, or permitting any person to use or consume on the licensed premises, any alcoholic liquor except alcoholic liquor that also qualifies as an enhanced cereal malt beverage;
(6) The licensee has been convicted of a violation of the Beer and Cereal Malt Beverage Keg Registration Act, as amended; or
(7) The failure to display in a prominent place at or near the entrances to the place of business signs stating that no person under the legal age for consumption of cereal malt beverage shall be permitted on the premises; provided however, this reason shall not apply to the premises of a retailer who sells cereal malt beverages or enhanced cereal malt beverages for consumption off the premises only, or to places where the major income is from the sale of food for consumption on the premises, or a premise for which a bowling alley license has been issued by the city for the current year, or the Tony's Pizza Event Center.
(b) In accordance with K.S.A. 41-2708, as amended, the board of commissioners shall revoke or suspend a license for the reasons set forth herein. The board of commissioners delegates to the city manager the authority to revoke or suspend a license consistently with the criteria specified in subparagraph (e). The suspension period shall be for a period not less than seven (7), but no more than thirty (30) calendar days. The city manager shall, upon five (5) days' notice to a retailer of cereal malt beverages or enhanced cereal malt beverages licensed under this division, conduct a hearing to determine whether to revoke or suspend such license for any one (1) of the following reasons:
(1) The licensee has fraudulently obtained the license by giving false information in the application therefor;
(2) The licensee has become ineligible to obtain a license;
(3) The nonpayment of any license fees;
(4) Permitting any gambling in or upon the licensee's place of business;
(5) The employment of persons under eighteen (18) years of age in dispensing or selling cereal malt beverages or enhanced cereal malt beverages;
(6) The employment or continuation in employment of a person in connection with the sale, serving or dispensing of cereal malt beverages if the licensee knows such person has been, within the preceding two (2) years, adjudged guilty of a felony or of any violation of the intoxicating liquor laws of this state, another state or the United States, including but not limited to laws pertaining to the operation or attempted operation of a motor vehicle while under the influence of intoxicating liquor or drugs; or
(7) There has been a violation of K.S.A. 21-4106 or 21-4107, prior to their repeal, or K.S.A. 21-6204, as amended, in or upon the licensee's place of business.
(c) The provisions of paragraphs (a)(4) and (a)(5) shall not apply if the place of business or premises also are currently licensed as a club or drinking establishment pursuant to the Club and Drinking Establishment Act.
(d) A licensee shall be deemed to be responsible for any act or conduct of any employee on the premises that is in violation of state law or of the ordinances of the city, if such licensee knew or should have known or had actual or constructive knowledge of such unlawful act or conduct of such employee, and as such the unlawful act of conduct of such employee can be attributed to the licensee for purposes of considering whether to revoke or suspend a license issued under this division.
(e) In determining whether to revoke or suspend the license or in determining the length of a suspension, the city manager shall consider the facts as presented, together with any matters of mitigation, extenuation, and aggravation, including but not limited to:
(1) The number of past violations during the preceding three (3) years from the most recent alleged violation;
(2) Whether the violation was committed by the licensee, owner, manager or employee; and
(3) Whether the licensee, owner, or management took steps to avoid the violation, including but not limited to, training and disciplinary policies and practices.
(f) The determination of any of the acts or omissions listed in paragraphs (a) and (b) of this section and the resulting status of the license shall be made by the city manager. The city manager shall render a written decision citing the reasons for such decision within thirty (30) days after the hearing.
(g) Within twenty (20) days after any decision of the city manager revoking or suspending any license, the licensee may appeal the city manager's decision to the board of commissioners by filing a written appeal with the city clerk. Upon receiving a written appeal, the board of commissioners shall review the findings and reasons for the decision of the city manager and conduct further hearings if it deems necessary. Within thirty (30) days of receipt of the written notice of appeal, the board of commissioners shall issue an order upholding, reversing, or modifying the decision of the city manager. Any appeal taken from an order of the city manager suspending or revoking a license shall not suspend the city manager's decision to suspend.
Sec. 5-52. Appeal from revocation.
Within twenty (20) days after the order of the board of commissioners revoking or suspending any license, the licensee may appeal to the district court of the county, and the district court shall proceed to hear such appeal as though such court had original jurisdiction of the matter. Any appeal taken from an order revoking or suspending any such license shall not suspend the order of revocation or suspension during the pendency of the appeal.
Sec. 5-53. – Sec. 5-57. Reserved
Division 2. Alcoholic Liquor Retailer’s License
Sec. 5-58. State retailer’s license required.
No alcoholic liquor shall be sold at retail by any person within the corporate limits of the city unless such persons shall be licensed therefore under the provisions of the Kansas Liquor Control Act, being K.S.A. chapter 41, articles 1 through 11, as amended.
Sec. 5-59. State retailer’s license perquisite to city license.
A holder of a license for the retail sale of alcoholic liquors by the package in the city, issued by the state director of alcoholic beverage control, shall present such license when applying to pay the license tax levied in section 5-60 and the tax shall be received and receipt issued for the period covered by the state license by the city clerk.
Sec. 5-60. Retailer’s license tax levied.
(a) Occupation or license tax. There is hereby levied a biennial occupation or license tax on each retailer of alcoholic liquor (including beer containing more than three and two-tenths (3.2) percent of alcohol by weight) for consumption off the premises (sales in original package only) in the sum of six hundred dollars ($600.00) in the city, who has a retailer's license issued by the state director of alcoholic beverage control, which tax shall be paid before business is begun under an original state license and within ten (10) days after any renewal of a state license.
(b) Installment payments. The applicant may elect to pay the biennial occupation or license tax in two (2) installments in accordance with K.S.A. 41-317, as amended. Refunds of the tax due to an un-used portion of the second year of the state license may be provided in accordance with K.S.A. 41-326, as amended.
Sec. 5-61. Penalty for failure to have city retailer’s license.
Any person having a state license to retail alcoholic liquor by the package who shall fail to pay the license tax levied by section 5-60 and within the time prescribed shall, upon conviction thereof, be fined not more than one hundred dollars ($100.00) for each day's violation; provided, that nothing herein shall be construed to prohibit the city from collecting the occupation tax by any procedure authorized by law.
Sec. 5-62. Days, hours when retail sale prohibited.
No person shall sell at retail alcoholic liquor in the original package:
(1) On Sundays before 12:00 noon or after 8:00 p.m.;
(2) On Easter Sunday, Thanksgiving Day or Christmas Day; or
(3) Before 9:00 a.m. or after 10:00 p.m. on any other day when the sale is permitted.
Sec. 5-63. Mixing drinks on retailer’s premises prohibited.
It shall be unlawful for a retailer of alcoholic liquor to permit any person to mix drinks on or in the licensed premises.
Sec. 5-64. Employment of certain persons by retailers prohibited.
(a) It shall be unlawful for a retailer of alcoholic liquor to employ any person under age of twenty-one (21) years in connection with the operation of such retail establishment.
(b) It shall be unlawful for a retailer of alcoholic liquor to employ any person in connection with the operation of such retail establishment who has been adjudged guilty of a felony.
Sec. 5-65. Sale to be only in original packages.
No person, except a manufacturer, distributor or wholesaler shall fill or refill, in whole or in part, any original package of alcoholic liquor with the same or any other kind or quality of alcoholic liquor; and it shall be unlawful for any person to have in his possession for sale at retail any bottles, cask or other containers containing alcoholic liquor, except in original packages.
Sec. 5-66. – Sec. 5-69. Reserved
Division 3. Drinking Establishments
Sec. 5-70. Regulations governing licensee.
(a) It shall be unlawful for a drinking establishment licensee:
(1) To employ any person under the age of twenty-one (21) years in connection with the dispensing, of alcoholic liquor or the mixing of drinks containing alcoholic liquor;
(2) To employ knowingly or continue in employment 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 a felony or of any crime involving a morals charge in this or any other state, or of the United States. For the purposes of this subsection, the term "morals charge" shall include those charges involving prostitution, procuring any person, soliciting of a child under eighteen (18) for any immoral act involving sex, possession or sale of narcotics, marijuana, amphetamines or barbiturates, rape, incest, gambling, illegal cohabitation, adultery, bigamy, or crimes against nature;
(3) To employ knowingly or to continue in employment 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 a violation of any intoxicating liquor law of this or any other state, or of the United States, during the two (2) year period immediately following such adjudging;
(4) To purchase alcoholic liquor from any person except from a person holding a valid license to sell alcoholic liquor at retail.
(5) Permit any employee of the licensee who is under the age of twenty-one (21) years of age to work on the premises where alcoholic liquor is sold by such licensee at any time when not under the on-premises supervision of either the licensee, or an employee who is twenty-one (21) years of age or over;
(6) Employ any person under the age of eighteen (18) years of age in connection with the serving of alcoholic liquor.
(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.
Sec. 5-71. Right of inspection by city.
The right of immediate entry to and inspection of any premises licensed as a drinking establishment, or any premises subject to the control of any licensee, by any duly authorized officer or agent of the city, or by any law enforcement officer, shall be a condition on which every license is issued, and the application for, and acceptance of, any license shall conclusively be deemed to be the consent of the applicant and licensee to such immediate entry and inspection. Such right of immediate entry and inspection shall be at any time when the premises are occupied and is not limited to hours when the drinking establishment is open for business. Such consent shall not be revocable during the term of the license. Refusal of such entry shall be grounds for revocation of the license. The city attorney shall immediately report such refusal to the state director of alcoholic beverage control.
Sec. 5-72. Search of a nonlicensed premise.
The existence of any place for which a license has not been issued pursuant to this division and which purports, or is held out to the public or to any person by the proprietors or their agents or employees, to be a place where alcoholic liquor is sold by the individual drink, shall be deemed to be sufficient probable cause for any judge of the district court to issue a search warrant to any law enforcement officer of the state or a subdivision of the state for the purpose of searching such place for alcoholic liquor being sold, possessed or consumed in violation of this act, any other law of the state or any ordinance of a municipal subdivision of the state.
Sec. 5-73. License required.
It shall be unlawful for any individual, firm, co-partnership, corporation or association, either as principal, officer, agent, servant or employee, to conduct, pursue, carry on and operate in the city a drinking establishment without having first paid to the city clerk the license fee hereinafter provided and having procured a license from the city. The license period shall extend for the period covered by the state license.
Sec. 5-74. Application.
(a) Any person desiring a license or the renewal of a license under this division shall make application to the city clerk and accompany the application with the required license fee for each place of business for which the person desires the license. The application shall be on such form and contain such information as required by the city.
(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 and if the requirements contained in this division are met.
Sec. 5-75. Applicant to have state license.
A holder of a license for a drinking establishment in the city issued by the state director of alcoholic beverage control shall present such license when applying to pay the license tax levied in section 5-76 and the tax shall be received and receipt issued for the period covered by the state license by the city clerk.
Sec. 5-76. License tax levied.
(a) Drinking establishment license tax. There is hereby levied an annual occupation or license tax in the amount of two hundred fifty dollars ($250.00) on each drinking establishment located in the city which has a drinking establishment license issued by the state director of alcoholic beverage control, before business is begun under an original state license and within ten (10) days after any renewal of a state license. Effective July 1, 2011, the occupation or license fee shall be biennial in the amount of five hundred dollars ($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, before the business is begun under an original state license and within ten (10) days after any renewal of a state license.
(b) Microbreweries. Microbreweries shall not be subject to an annual occupation or license tax in accordance with Kansas law.
(c) Microbreweries also operating as drinking establishments. All microbreweries also operating as a drinking establishment shall be taxed as a drinking establishment pursuant to subparagraph (b) above.
(d) Installment payments. The applicant may elect to pay the biennial occupation or license tax in two (2) installments in accordance with K.S.A. 41-2606, as amended. Refunds for the second year of the tax due to an un-used portion of the second year of the state license may be provided in accordance with K.S.A. 41-2607 and K.S.A. 41-2629, as amended.
Sec. 5-77. Restrictions barring issuance.
No drinking establishment license shall be issued under the provisions of this division to:
(1) An applicant for a drinking establishment unless the applicant meets the state qualifications for a drinking establishment as set forth in K.S.A. Ch. 41.
(2) To an applicant for a drinking establishment that is not a resident of the county.
Sec. 5-78. Application to one premises.
The license provided in this division shall be issued for one (1) particular premises which shall be stated in the application and in the license.
Sec. 5-79. Hours of operation.
No drinking establishment shall allow the serving, mixing or consumption of alcoholic liquor on its premises between the hours of 2:00 a.m. and 6:00 a.m. on any day.
Sec. 5-80. Transferability.
A drinking establishment license issued under this division shall be transferable only if the following conditions are met:
(1) Ownership. The ownership must not have transferred from one (1) person to another or to any firm, partnership or corporation, containing members not included in the membership of the original applicant; and
(2) Name. The name of the business must remain the same, with no additions or deletions; and
(3) Location. The new location meets current zoning requirements.
If one (1) or more of the conditions are not met, the applicant must apply for a new license and pay the applicable fee.
Sec. 5-81. Posting.
A license issued under this division shall be kept posted in plain view next to or below the state license in a conspicuous place on the licensed premises.
Sec. 5-82. Contents of license.
The license issued under this division shall state the name of the licensee, the location of the place of business for which the license is issued, the period for which it is issued, and that it is subject to revocation in the manner provided by law and by this division.
Sec. 5-83 – Sec. 5-89 Reserved
Division 4. Private Club
Sec. 5-90. Class “A” club.
A class "A" club shall be a premises owned or leased and operated by a corporation, partnership, business trust, or association for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates (hereinafter referred to as members), their families and invited and accompanied guests, and which is not operated for a profit other than such as would accrue to the entire membership. A corporation, partnership, business, trust, or association not operated for a profit, for the purposes of the definition of a class "A" club shall only include such a corporation, partnership, business trust, or association which has been determined by the state director of alcoholic beverage control to be a bona fide nonprofit social, fraternal or war veterans club.
Sec. 5-91. Class “B” club.
A class "B" club shall consist of a premises operated for profit by a corporation, partnership or individual, known as the management, to which premises the management allows persons, known as members, to resort for the consumption of food or alcoholic beverages and for entertainment. As a prerequisite for attaining membership the management must screen the applicants for good moral character. No membership may be granted within ten (10) days of the application therefore. Each membership must be renewable annually upon payment of the annual dues of at least ten dollars ($10.00); provided, however, any class "B" club located on the premises of a hotel as defined in K.S.A. 36-501, as amended, may establish rules whereby guests registered at the hotel, who are not residents of the county in which the club is located, may file application for temporary membership in the club, which membership, if granted, shall only be valid for the period of time they are a bona fide registered guest at the hotel. Such temporary membership shall not be subject to the waiting period or dues requirement contained in this section.
Sec. 5-92. Regulations governing licensee.
(a) It shall be unlawful for a club licensee:
(1) To employ any person under the age of twenty-one (21) years in connection with the dispensing, of alcoholic liquor or the mixing of drinks containing alcoholic liquor;
(2) To employ knowingly or continue in employment 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 a felony or of any crime involving a morals charge in this or any other state, or of the United States. For the purposes of this subsection, the term "morals charge" shall include those charges involving prostitution, procuring any person, soliciting of a child under eighteen (18) for any immoral act involving sex, possession or sale of narcotics, marijuana, amphetamines or barbiturates, rape, incest, gambling, illegal cohabitation, adultery, bigamy, or crimes against nature;
(3) To employ knowingly or to continue in employment 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 a violation of any intoxicating liquor law of this or any other state, or of the United States, during the two (2) year period immediately following such adjudging;
(4) To fail to maintain at the licensed premises a current list of all club members and their residence addresses; or to refuse to allow the city attorney or any authorized agents or any police or peace officer to inspect the current list of the members of the club;
(5) To purchase alcoholic liquor from any person except from a person holding a valid license to sell alcoholic liquor at retail.
(6) Permit any employee of the licensee who is under the age of twenty-one (21) years of age to work on the premises where alcoholic liquor is sold by such licensee at any time when not under the on-premises supervision of either the licensee, or an employee who is twenty-one (21) years of age or over;
(7) Employ any person under the age of eighteen (18) years of age in connection with the serving of alcoholic liquor.
(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.
Sec. 5-93. Right of inspection by city.
The right of immediate entry to and inspection of any premises licensed as a club, or any premises subject to the control of any licensee, by any duly authorized officer or agent of the city, or by any law enforcement officer, shall be a condition on which every license is issued, and the application for, and acceptance of, any license shall conclusively be deemed to be the consent of the applicant and licensee to such immediate entry and inspection. Such right of immediate entry and inspection shall be at any time when the premises are occupied and is not limited to hours when the club or drinking establishment is open for business. Such consent shall not be revocable during the term of the license. Refusal of such entry shall be grounds for revocation of the license. The city attorney shall immediately report such refusal to the state director of alcoholic beverage control.
Sec. 5-94. Search of nonlicensed premise.
The existence of any place for which a license has not been issued pursuant to this division and which purports, or is held out to the public or to any person by the proprietors or their agents or employees, to be a place where alcoholic liquor is sold by the individual drink, shall be deemed to be sufficient probable cause for any judge of the district court to issue a search warrant to any law enforcement officer of the state or a subdivision of the state for the purpose of searching such place for alcoholic liquor being sold, possessed or consumed in violation of this act, any other law of the state or any ordinance of a municipal subdivision of the state.
Sec. 5-95. License required.
It shall be unlawful for any individual, firm, co-partnership, corporation or association, either as principal, officer, agent, servant or employee, to conduct, pursue, carry on and operate in the city a club without having first paid to the city clerk the license fee hereinafter provided and having procured a license from the city. The license period shall extend for the period covered by the state license.
Sec. 5-96. Application.
(a) Any person desiring a license or the renewal of a license under this division shall make application to the city clerk and accompany the application with the required license fee for each place of business for which the person desires the license. The application shall be on such form and contain such information as required by the city.
(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 and if the requirements contained in this division are met.
Sec. 5-97. Applicant to have state license.
A holder of a license for a club in the city issued by the state director of alcoholic beverage control shall present such license when applying to pay the license tax levied in section 5-98 and the tax shall be received and receipt issued for the period covered by the state license by the city clerk.
Sec. 5-98. License tax levied.
(a) Club license tax. There is hereby levied a biennial occupation or license tax on each operator of a club in the amount of five hundred dollars ($500.00), who has a club license issued by the state director of alcoholic beverage control, which tax shall be paid before business is begun under an original state license and within ten (10) days after any renewal of the state license.
(b) Installment payments. The applicant may elect to pay the biennial occupation or license tax in two (2) installments in accordance with K.S.A. 41-2606as amended. Refunds for the second year of the tax due to an un-used portion of the second year of the state license may be provided in accordance with K.S.A. 41-2607 and K.S.A. 41-2629 as amended.
Sec. 5-99. Restrictions barring issuance.
No club license shall be issued under the provisions of this division to:
(1) An applicant for a club unless the applicant meets the state qualifications for a club or drinking establishment as set forth in K.S.A. Ch. 41.
(2) To an applicant for a club that is not a resident of the county.
Sec. 5-100. Application to one premises.
The license provided in this division shall be issued for one (1) particular premises which shall be stated in the application and in the license.
Sec. 5-101. Hours of operation.
No club shall allow the serving, mixing or consumption of alcoholic liquor on its premises between the hours of 2:00 a.m. and 6:00 a.m. on any day.
Sec. 5-102. Transferability.
A club license issued under this division shall be transferable only if the following conditions are met:
(1) Ownership. The ownership must not have transferred from one (1) person to another or to any firm, partnership or corporation, containing members not included in the membership of the original applicant; and
(2) Name. The name of the business must remain the same, with no additions or deletions; and
(3) Location. The new location meets current zoning requirements.
If one (1) or more of the conditions are not met, the applicant must apply for a new license and pay the applicable fee.
Sec. 5-103. Posting.
A license issued under this division shall be kept posted in plain view next to or below the state license in a conspicuous place on the licensed premises.
Sec. 5-104. Contents of license.
The license issued under this division shall state the name of the licensee, the location of the place of business for which the license is issued, the period for which it is issued, and that it is subject to revocation in the manner provided by law and by this division.
Sec. 5-105. – Sec. 5-109. Reserved.
Article IV. CATERERS
Sec. 5-110. License required.
It is unlawful for any person licensed by the state as a caterer to offer for sale, sell and serve cereal malt beverage, enhanced cereal malt beverage, or alcoholic liquor for consumption on unlicensed premises, which may be open to the public, within the city, without having in such person's possession a valid, unexpired and unrevoked caterer's license issued by the city.
Sec. 5-111. License Application.
Any person desiring to secure a caterer’s license or renew an existing caterer’s license under the provisions of this article shall make a verified application with the city clerk upon a form provided by the city clerk. Such application shall be accompanied by the biennial license tax required by section 5-112 and a copy of the caterer's license issued by this state.
Sec. 5-112. License tax.
There is hereby levied a biennial license tax on each caterer doing business in the city who has a caterer's license issued by this state, which tax shall be paid before business is begun under an original state license and within five days after any renewal of a state license. The amount of such biennial license tax shall be adopted by the governing body as part of the city schedule of fees.
Sec. 5-113. Issuance of license.
All applications for new or renewal city caterer’s licenses shall be submitted to the city clerk for approval. Upon presentation of a state license and the city license application, payment of the city license tax, and a determination that there are no conflicts with any alcoholic beverage ordinances of the city, the city clerk shall issue a city license for the period covered by the state license.
Sec. 5-114. Business regulations.
(a) No caterer licensed hereunder shall allow the serving, mixing, or consumption of cereal malt beverage, enhanced cereal malt beverage, or alcoholic liquor between the hours of 2:00 a.m. and 6:00 a.m. on any day at an event catered by such caterer. Upon request or demand made at any time by any police officer of the city during the hours of the event catered by the caterer licensed hereunder, the licensee, owner or manager, or assistant manager, or other person then in charge of the catered event, shall produce and deliver to such officer for inspection and copying, or for other purposes consistent with the provisions of this chapter, a list which correctly reflects the names, addresses and ages of all persons employed by such caterer and of all persons who are owners of such caterer's business on the date upon which such request or demand is made.
(b) Every licensee shall cause the caterer license to be placed in plain view on any premises within the city where the caterer is serving or mixing cereal malt beverage, enhanced cereal malt beverage, alcoholic liquor for consumption on the premises.
(c) No caterer shall conduct an event upon licensed premises unless the caterer also holds the license for the licensed premises.
Sec. 5-115. Unlawful acts of licensee.
It is unlawful for any licensee under this section to:
(1) Employ any person under 21 years of age in connection with the mixing or dispensing of drinks containing alcoholic liquor.
(2) Employ knowingly or continue in employment 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 a felony or of any crime involving a morals charge in this or any other municipality, this state or any other state, or of the United States.
(3) Knowingly employ or continue to 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 two or more violations of K.S.A. 21-5607 , as amended, furnishing alcoholic liquor to minors or a similar law of this and any other municipality, this state, or any other state, or of the United States, pertaining to furnishing alcoholic liquor to minors within the immediately preceding five years, or who has been adjudged guilty of three or more violations of any intoxicating liquor law of this or any other municipality, this state or any other state, or of the United States, not involving the furnishing of alcoholic liquor to minors within the immediately preceding five years.
(4) Purchase alcoholic liquor from any person except from a person authorized by law to sell such alcoholic liquor to such licensee.
(5) Employ any person under the age of 18 years in connection with the serving of alcoholic liquor.
(6) Permit any employee of the licensee who is under the age of 21 years to work on premises where alcoholic liquor is sold by such licensee at any time when such employee is not under the on-premises supervision of either the licensee or an employee who is 21 years of age or over.
Sec. 5-116. Notice of operation.
(a) Prior to any special event at which a caterer will sell or serve cereal malt beverage, enhanced cereal malt beverage or alcoholic beverages by the individual drink within the city limits, the caterer shall provide written notice to the City as part of the Special Event Permit application at least thirty days prior to the event. The notice shall contain the location, name of the group sponsoring the event, a clear description of the event premises which shall be in enough detail that the event premises are identifiable, the exact date and times the caterer will be serving, and the estimated number of individuals participating in the event.
(b) If a licensed caterer is requesting to participate in a Common Consumption Area the licensee must also provide the city with a photo or sample of the plastic or aluminum cup that displays the licensee’s name, logo or other identifying mark that is unique to the licensee.
(c) Notification shall not be required for weddings, funerals, events sponsored by religious institutions, or business, industry, or trade sponsored meetings including but not limited to, awards presentations, and retirement celebrations.
Sec. 5-117. Possession or consumption by minors prohibited; exceptions.
(a) No licensee or any owner, officer or employee thereof, shall knowingly or unknowingly permit the possession or consumption of cereal malt beverage, enhanced cereal malt beverage, or alcoholic liquor, by a minor on premises where alcoholic beverages are sold by such licensee, except that a licensee's employee who is not less than 18 years of age may serve alcoholic liquor under the on-premises supervision of the licensee, or an employee who is 21 years of age or older.
(b) Violation of this section is a misdemeanor punishable by a fine of not less than $200.00 or more than $500.00, or imprisonment not exceeding 30 days, or both.
ARTICLE V. ALCOHOLIC BEVERAGE SPECIAL EVENT RETAILER’S PERMIT
Division 1. Alcoholic Liquor.
Sec. 5-118. Permit Required.
It is unlawful for any person granted a temporary permit by the state to offer for sale, sell or serve on property the title of which is vested in the city any alcoholic liquor authorized by such state permit without having in such person's possession a valid, unexpired and unrevoked alcoholic beverage special event retailer’s permit issued by the city. An alcoholic beverage special event retailer’s permit shall not be required for any person granted a temporary permit by the state who has received approval to participate in a Common Consumption Area.
Sec. 5-119. Application for Alcoholic Beverage Special Event Retailer’s Permit.
(a) All applications for an alcoholic beverage special event retailer’s permit shall be submitted at least thirty days before the event. Written application for the local temporary alcoholic liquor permit shall be made to the city clerk and shall clearly state:
(1) The name of the applicant;
(2) The group for which the event is planned;
(3) The location of the event;
(4) The date and time of the event; and
(5) Any anticipated need for police, fire or other municipal services.
(b) All applications shall include a diagram of the boundaries of the area for the event.
(c) If a temporary permit holder is requesting to participate in a common consumption area the permit holder must also provide the city with a photo or sample of the plastic or aluminum cup that displays the licensee’s name, logo or other identifying mark that is unique to the licensee.
Sec. 5-120. Permit fee.
The amount of the fee for an alcoholic beverage special event retailer’s permit shall be as adopted by the governing body as part of the city schedule of fees. Such fee shall be paid before the event is begun by the group or individual holding a temporary permit issued by the state.
Sec. 5-121. Issuance of local temporary alcoholic liquor permit.
Upon presentation to the city clerk of a state temporary permit and local alcoholic beverage special event retailer’s permit application, payment of the local alcoholic beverage special event retailer’s permit fee and a determination by the zoning administrator that the proposed location for use of the temporary permit does not conflict with or violate any city zoning or alcoholic beverage ordinances, the city shall issue a local alcoholic beverage special event retailer’s permit approved by the city manager with or without conditions based upon the information contained in the written application form provided by the city to the applicant in consideration on the basis of criteria adopted by resolution of the governing body subject to all applicable rules in effect for such location or facility for the period covered by the state license.
Sec. 5-122. Permit Regulations.
(a) No local alcoholic beverage special event retailer’s permit holder shall allow the serving, mixing or consumption of alcoholic liquor on the premises covered by the event between the hours of 2:00 a.m. and 9:00 a.m. on any day at an event for which a local temporary alcoholic liquor permit has been issued. Upon request or demand made at any time by any police officer during the hours of the event for which a local temporary alcoholic liquor permit has been issued hereunder, the permit holder, owner or manager, or assistant manager, or other person then in charge of the event, shall produce and deliver to such officer for inspection and copying, or for other purposes consistent with the provisions of this chapter.
(b) A local alcoholic beverage special event retailer’s permit shall be issued for a period of time not to exceed three consecutive days, the dates and hours of which will be specified in the state temporary permit as well as on the local alcoholic beverage special event retailer’s permit. Not more than four alcoholic beverage special event retailer’s permits may be issued to any one applicant in a calendar year.
(c) A local alcoholic beverage special event retailer’s permit shall not be transferable or assignable.
(d) The alcoholic beverage special event retailer’s permit holder shall cause the permit to be placed in plain view on any premises within the city where the holder of the permit is serving or mixing alcoholic liquor for consumption on the premises.
(e) The boundary of any premises covered by an alcoholic beverage special event retailer’s permit shall be marked by a line of demarcation unless the event is taking place within the boundaries of a common consumption area and the state temporary permit holder has received permission to participate in a common consumption area.
(f) No alcoholic liquor sold at an event covered by a temporary permit shall be served in a glass container.
(g) An individual may carry an original container of alcoholic liquor onto the event premises with the approval of the temporary permit holder and under the following conditions:
(1) The temporary permit holder shall not store any such containers of alcoholic liquor on the event premises; and
(2) Each individual carrying any such container onto the event premises shall remove such container when the individual exits the event premises.
(3) No glass container may be brought onto the event premises.
(h) The permit holder is responsible for the cleaning of litter and other material during and after the event.
Sec. 5-123. Unlawful acts of permit holder.
It is unlawful for any licensee under this section to:
(1) Employ knowingly, continue in employment, or use the services of 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 a felony or of any crime involving a morals charge in this or any other municipality, this state or any other state, or of the United States.
(2) Knowingly employ or continue to 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 two or more violations of K.S.A. 21-5607 , as amended, furnishing alcoholic liquor to minors or a similar law of this and any other municipality, this state, or any other state, or of the United States, pertaining to furnishing alcoholic liquor to minors within the immediately preceding five years, or who has been adjudged guilty of three or more violations of any intoxicating liquor law of this or any other municipality, this state or any other state, or of the United States, not involving the furnishing of alcoholic liquor to minors within the immediately preceding five years.
(3) Employ or use the services of any person who has been convicted within the previous two years of a violation of any intoxicating liquor law of this or any other municipality, this state or any other state, or of the United States, to dispense, mix, or serve alcohol.
(4) Purchase alcoholic liquor from any person except from a person authorized by law to sell such alcoholic liquor to such licensee.
(5) Employ or use the services of any person who is under the age of 21 and not supervised by the temporary permit holder or an employee who is at least 21 years of age.
(6) Employ or use the services of any person under 21 years of age in connection with the mixing or dispensing of drinks containing alcoholic liquor.
(7) Employ or use the services of any person under the age of 18 years in connection with the serving of alcoholic liquor.
Division 2. Cereal Malt Beverage (CMB) Permits
Sec. 5-124. Local CMB special event retailer’s permit required.
It is unlawful for any person to offer for sale, sell or serve CMBs on property the title of which is vested in the city without having in such person's possession a valid, unexpired and unrevoked local CMB special event retailer's permit issued by the city. The city manager or designee may approve a local CMB special event retailer's permit which shall allow the permit holder to offer for sale, sell or serve CMBs for consumption on property the title of which is vested in the city, subject to the following:
(1) A local CMB special event retailer's permit shall specify the premises for which the permit is issued;
(2) A local CMB special event retailer's permit shall be issued for the duration of the special event, the dates and hours of which shall be specified in the permit;
(3) No more than four local CMB special event retailer's permits may be issued to any one applicant in a calendar year; and
(4) A local CMB special event retailer's permit shall not be transferable or assignable.
(5) Provided however, a CMB special event retailer’s permit shall not be required for any special event that has received approval to participate in a common consumption area.
Sec. 5-125. Application for permit.
(a) All applications for a CMB special event retailer’s permit shall be submitted at least thirty days before the event. Written application for the local temporary CMB special event retailer’s permit shall be made to the city clerk and shall clearly state:
(1) The name of the applicant;
(2) The group for which the event is planned;
(3) The location of the event;
(4) The date and time of the event; and
(5) Any anticipated need for police, fire or other municipal services.
(b) All applications shall include a diagram of the boundaries of the area for the event.
(c) If a CMB special event retailer is requesting to participate in a common consumption area the permit holder must also provide the city with a photo or sample of the plastic or aluminum cup that displays the licensee’s name, logo or other identifying mark that is unique to the licensee.
Sec. 5-126. Permit fee.
The amount of the fee for a local CMB special event retailer's permit shall be adopted by the governing body as part of the city schedule of fees. Such fee shall be payable upon the filing of an application for the local CMB special event retailer's permit.
Sec. 5-127. Criteria for permit issuance.
Upon presentation to the city clerk of a local CMB special event retailer’s permit application, payment of the local CMB special event retailer’s permit fee and a determination by the zoning administrator that the proposed location for use of the temporary permit does not conflict with or violate any city zoning or alcoholic beverage ordinances, the city shall issue a local CMB special event retailer’s permit approved by the city manager with or without conditions based upon the information contained in the written application form provided by the city to the applicant in consideration on the basis of criteria adopted by resolution of the governing body subject to all applicable rules in effect for such location or facility for a period of time not to exceed three consecutive days.
Sec. 5-128.Permit regulations.
(a) No local CMB special event retailer’s permit holder shall allow the serving, or consumption of CMB on the premises covered by the event between the hours of 2:00 a.m. and 9:00 a.m. on any day at an event for which a local CMB special event retailer’s permit has been issued. Upon request or demand made at any time by any police officer during the hours of the event for which a local CMB special event retailer’s permit has been issued hereunder, the permit holder, owner or manager, or assistant manager, or other person then in charge of the event, shall produce and deliver to such officer for inspection and copying, or for other purposes consistent with the provisions of this chapter.
(b) A local CMB special event retailer’s permit shall be issued for a period of time not to exceed three consecutive days, the dates and hours of which will be specified in the local permit. Not more than four CMB special event retailer’s permits may be issued to any one applicant in a calendar year.
(c) A local CMB special event retailer’s permit shall not be transferable or assignable.
(d) The CMB special event retailer’s permit holder shall cause the permit to be placed in plain view on any premises within the city where the holder of the permit is serving CMB for consumption on the premises.
(e) The boundary of any premises covered by a CMB special event retailer’s permit shall be marked by a line of demarcation unless the event is taking place within the boundaries of a common consumption area and the CMB special event retailer’s permit holder has received permission to participate in a Common Consumption Area.
(f) No CMB sold at an event covered by a temporary permit shall be served in a glass container.
(g) An individual may carry an original container of CMB onto the event premises with the approval of the temporary permit holder and under the following conditions:
(1) The temporary permit holder shall not store any such containers of CMB on the event premises; and
(2) Each individual carrying any such container onto the event premises shall remove such container when the individual exits the event premises.
(3) No glass container may be brought onto the event premises.
(h) The permit holder is responsible for the cleaning of litter and other material during and after the event.
Section 2. Repealer. Existing Salina Code Chapter Five is repealed.
Section 3. Publication. The City Clerk shall cause this ordinance, as soon as practicable after it has been passed and signed, to be published on the City’s website as the designated official city newspaper.
Section 4. Effective date. This ordinance shall be in full force and effect from and after September 1, 2025.
Passed: June 9, 2025
Greg Lenkiewicz, Mayor
ATTEST:
Nikki Goding, City Clerk