CHAPTER III. BEVERAGESCHAPTER III. BEVERAGES\ARTICLE 1. CEREAL MALT BEVERAGES

For the purpose of this article, the following terms shall have the following meanings:

(a)   Person - shall include individuals, firms, co-partnerships, corporations and associations;

(b)   Sale at retail and retail sale - shall mean sales for use or consumption and not for resale in any form;

(c)   Place of business - shall mean any place at which cereal malt beverages are sold within the corporate limits of the City of Andover, Kansas;

(d)   Cereal malt beverages - shall include any fermented but undistilled liquor brewed or made from a mixture of malt and/or malt substitute, but shall not include any such liquor which contains more than three and two/tenths per cent (3.2%) of alcohol by weight: 

(e)   Licensee - is a person as defined in “A” who has a license as herein required.

(Ord. 291, Sec. 3)

Nothing herein shall be construed as permitting the sale at wholesale of cereal malt beverages within the City of Andover, Kansas.

(Ord. 291, Sec. 4)

(a)   It shall be unlawful for any person to sell any cereal malt beverage at retail without a license for each place of business where cereal malt beverages are to be sold at retail.

(b)   It shall be unlawful for any person, having a license to sell cereal malt beverages at retail only in the original and unopened containers and not for consumption on the premises, to sell any cereal malt beverage in any other manner.

(Code 2011)

Any person desiring a license shall make an application to the governing body of the City of Andover and accompany the application by 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 of Kansas, and shall contain:

(a)   The name and residence of the applicant and how long he or she has resided within the State of Kansas;

(b)   The particular place for which a license is desired;

(c)   The name of the owner of the premises upon which the place of business is located;

(d)   The names and addresses of all persons who hold any financial interest in the particular place of business for which a license is desired;

(e)   A statement that the applicant is a citizen of the United States and not less than 21 years of age and that he or she has not within two years immediately preceding the date of making application been convicted of a felony or any crime involving moral turpitude, or been adjudged guilty of drunkenness, or 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;

(f)   Each application for a general retailer's license shall be accompanied by a certificate from the city health officer certifying that he or she has inspected the premises to be licensed and that the same comply with the health code and/or ordinances of the city;

(g)   Each application for a general retailer's license must be accompanied by a certificate from the city fire chief certifying that he or she has inspected the premises to be licensed and that the same comply with the fire code and/or ordinances of the city.

The application shall be accompanied by a statement, signed by the applicant, authorizing any governmental agency to provide the city with any information pertinent to the application.  One copy of such application shall immediately be transmitted to the chief of police for investigation of the applicant. It shall be the duty of the chief of police to investigate such applicant to determine whether he or she is qualified as a licensee under the provisions of this Ordinance.  The chief shall report to the city council not later than five working days subsequent to the receipt of such application.  The application shall be scheduled for consideration by the governing body at the earliest meeting consistent with current notification requirements.

(Code 2011)

(a)   All applications for a new or renewed cereal malt beverage license shall be submitted to the city clerk at least 10 days in advance of the governing body meeting at which they will be considered.

(b)   The city clerk shall notify the holder of an existing license 30 days in advance of its expiration.

(c)   The city clerk shall provide copies of all applications to the police department, to the fire department, and to the health department, when they are received.  The police department shall run a records check on all applicants and the fire department and health department will inspect the premises in accordance with city fire codes and/or ordinances.  The departments will then recommend approval, or disapproval, of applications within five working days of the department's receipt of the application.

(d)   The governing body will not consider any application for a new or renewed license that has not been submitted 10 days in advance and been reviewed by the above city departments.

(e)   An applicant who does not hold a cereal malt beverage license in the city hall shall attend the governing body meeting when the application for a new license will be considered.

(Code 2011)

(a)   The journal of the governing body meeting shall show the action taken on the application.

(b)   If the license is granted, the city clerk shall issue the license which shall show the name of the licensee and the year for which issued.

(c)   No license shall be transferred to another licensee.

(d)   If the license shall be denied, the license fee shall be immediately returned to the person who has made application.

(Code 2011)

Each license shall be posted in a conspicuous place in the place of business for which the license is issued.

(Code 2011)

No license shall be issued to:

(a)   A person who has not been a resident in good faith of the state of Kansas for at least one year immediately preceding application and a resident of Butler County for at least six months prior to filing of such application.

(b)   A person who is not a citizen of the United States.

(c)   A person who is not of good character and reputation in the community in which he or she resides.

(d)   A person, who, within two years immediately preceding the date of application, has been convicted of a felony or any crime involving moral turpitude, or has been adjudged guilty of drunkenness or 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.

(e)   A partnership, unless all of the members of the partnership shall otherwise be qualified to obtain a license.

(f)   A corporation if any manager, officer or director thereof or any stockholder owning in the aggregate more than 25 percent of the stock of such corporation would be ineligible to receive a license hereunder for any reason other than nonresidence within the city or county.

(g)   A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 25 percent of the stock of such corporation, has been an officer, manager or director, or a stockholder owning in the aggregate more than 25 percent of the stock, of a corporation which: 1) has had a retailer's license revoked under K.S.A. 41-2708 and amendments thereto; or 2) has been convicted of a violation of the drinking establishment act or the cereal malt beverage laws of this state.

(h)   A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee.

(i)    A person whose spouse would be ineligible to receive a retailer's license for any reason other than  citizenship, retailer residency requirements or age, except that this subsection (i) shall not apply in determining eligibility for a renewal license.

(Code 2011)

(a)   No license shall be issued for the sale at retail of any cereal malt beverage on premises which are located in areas not zoned for such purpose.

(b)   It shall be unlawful to sell or dispense at retail any cereal malt beverage at any place within the city limits that is within a 200 foot radius of any church, school or library.

(c)   The provisions of this section shall not apply to any establishment holding a private club license issued by the State of Kansas.

(d)   The distance limitation of subsection (B) above shall not apply to any establishment holding a cereal malt beverage license issued by the city when the licensee has petitioned for and received a waiver of the distance limitation.  The governing body shall grant such a waiver only following public notice and hearing.

(Code 2011)

The license fees shall be as follows:

(a)   General Retailer - for each place of business selling cereal malt beverages at retail for consumption on the premises, $50.00 per calendar year.

(b)   Limited Retailer - for each place of business selling only at retail cereal malt beverages in original and unopened containers and not for consumption on the premises, $50.00 per calendar year.

The full amount of the license fee shall be required regardless of the time of the year in which the application 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.

(Code 2011)

The chief of police, upon five days' written notice, shall have the authority to suspend such license for a period not to exceed 30 days, for any violation of the provision of this chapter or other laws pertaining to cereal malt beverages, which violation does not in his or her judgment justify a recommendation of revocation.  The licensee may appeal such order of suspension to the governing body within seven days from the date of such order.

(Code 2011)

The governing body, upon five days' written notice to a person holding a license to sell cereal malt beverages, may permanently revoke or cause to be suspended such license for a period of not more than 30 days for any of the following reasons:

(a)   If a licensee has fraudulently obtained the license by giving false information in the application thereof;

(b)   If the licensee has violated any of the provisions of this article or has become ineligible to obtain a license under this ordinance;

(c)   Drunkenness of a person holding such license, drunkenness of a licensee's manager or employee while on duty and while on the premises for which the license is issued, or for a licensee, his or her manager or employee permitting any intoxicated person to remain in such place selling cereal malt beverages;

(d)   The sale of cereal malt beverages to any person under the legal age of consumption;

(e)   For permitting any gambling in or upon any premises licensed under this article;

(f)   For permitting any person to mix drinks with materials purchased in any premises licensed under this article or brought in the premises for this purpose.

(g)   For the employment of any person under the age established by the State of Kansas for employment involving dispensing cereal malt beverages;

(h)   For the employment of persons adjudged guilty of a felony or a violation of any law relating to intoxicating liquor;

(i)    For the sale or possession of or for permitting the use or consumption of alcohol liquor within or upon any premises licensed under this article;

(j)    The nonpayment of any license fees;

(k)   If the licensee has become ineligible to obtain a license under any alcoholic liquor, private club, or drinking establishment ordinance of the city.

(l)    The provisions of subsections (F) and (I) shall not apply if such place of business is also currently licensed as a private club.

(Code 2011)

The licensee, within 20 days after the order of the governing body revoking any license, may appeal to the District Court of Butler County and the District Court shall proceed to hear such appeal as though such Court had original jurisdiction in the matter.  Any appeal taken under this section shall not suspend the order of revocation of the license of any licensee, nor shall any new license be issued to such person or any person acting for or on his or her behalf, for a period of six months thereafter.

(Code 2011)

If a licensee desires to change the location of his or her place of business, he or she shall make an application to the governing body showing the same information relating to the proposed location as in the case of an original application.  Such application shall be accompanied by a fee of $25.00.

If the application is in proper form and the location is not in a prohibited zone and all other requirements relating to such place of business are met, a new license shall be issued for the new location for the balance of the year for which a current license is held by the licensee.

(Code 2011)

It shall be unlawful for any wholesaler and/or distributor, his, her or its agents or employees, to sell and/or deliver cereal malt beverages within the city, to persons authorized under this ordinance to sell the same within this city unless such wholesaler and/or distributor has first secured a license from the State of Kansas authorizing such sales.

(Code 2011)

It shall be the duty of every licensee to OBSERVE the following regulations:

(a)   The place of business licensed and operating under this article shall at all times have a front and rear exit unlocked when open for business.

(b)   The premises and all equipment used in connection with such business shall be kept clean and in a sanitary condition and shall at all times be open to the inspection of the license and health officers of the city, county and state.

(c)   The retail sale of cereal malt beverages on Memorial Day, Independence Day, Labor Day and any Sunday, except Easter Sunday, are permitted.  The hours for retail sale of cereal malt beverages on permitted Sundays, are limited to 12:00 noon to 8:00 pm.

(d)   Cereal malt beverages may be sold at any time alcoholic liquor is allowed by law to be served on the premises which are licensed pursuant to K.S.A. 41-2701 et seq., and licensed as a club by the State of Kansas.

(e)   The place of business shall be open to the public and to the police at all times during business hours, except that premises licensed as a club under a license issued by the State of Kansas shall be open to the police and not to the public.

(f)   It shall be unlawful for any licensee or agent or employee of the licensee to become intoxicated in the place of business for which such license has been issued.

(g)   No licensee or agent or employee of the licensee shall permit any intoxicated person to remain in the place of business for which such license has been issued.

(h)   No licensee or agent or employee of the licensee shall sell or permit the sale of cereal malt beverage to any person under the legal age for consumption.

(i)    No licensee or agent or employee of the licensee shall permit any gambling in the place of business for which such license has been issued.

(j)    No licensee or agent or employee of the licensee shall permit any person to mix alcohol drinks with materials purchased in said place of business or brought in for such purpose.

(k)   No licensee shall employ any person who has been judged guilty of a felony.

(Ord. 1335, Sec. 1)

All parts of the licensed premises including furnishings and equipment shall be kept clean and in a sanitary condition, free from flies, rodents and vermin at all times.  The licensed premises shall have at least one rest room for each sex easily accessible at all times to its patrons and employees.  The rest room shall be equipped with at least one lavatory with hot and cold running water, be well lighted, and be furnished at all times with paper towels or other mechanical means of drying hands and face.  Each rest room shall be provided with adequate toilet facilities which shall be of sanitary design and readily cleanable.  The doors of all toilet rooms shall be self closing and toilet paper at all times shall be provided.  Easily cleanable receptacle shall be provided for waste material and such receptacles in toilet rooms for women shall be covered.  The rest rooms shall at all times be kept in a sanitary condition and free of offensive odors and shall be at all times subject to inspection by the city health officer or designee.

(Code 2011)

It shall be unlawful for any person under 21 years of age to remain on any premises where the sale of cereal malt beverages is licensed for on-premises consumption.  This section shall not apply if the person under 21 years of age is an employee of the licensed establishment, or is accompanied by his or her parent or guardian, or if the licensed establishment derives not more than 50 percent of its gross receipts in each calendar year from the sales of cereal malt beverages for on-premises consumption.

(Ord. 573)

The Governing Body may, upon proper application, issue a temporary permit for the sale of cereal malt beverages.  Any such application for a temporary permit shall be made to the City Clerk and shall provide the following information:

(a)   The name of the Applicant.

(b)   The group for which the event is planned.

(c)   The location of the event.

(d)   The date and time of the event.

(e)   Any anticipated need for police, fire, or other municipal service.

Upon receipt of such Application accompanied by a permit fee of $50.00, the Governing Body may authorize the issuance of such temporary permit notwithstanding location restrictions as provided for within Section 3-109 herein.  All other provisions and regulations found within Chapter III applicable to the sale of cereal malt beverages will be applicable to such permit. 

(Ord. 1402, Sec. 1)