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 malt or from a mixture of malt or malt substitute or any flavored malt beverage, but shall not include any such liquor which is more than three and two/tenths percent (3.2%) of alcohol by weight;
(e) Enhanced cereal malt beverage - shall mean cereal malt beverage as that term is defined herein, and such term shall include beer containing not more than 6% alcohol by volume when such beer is sold by a retailer licensed under the Kansas cereal malt beverage act;
(f) Licensee - is a person as defined in subsection (A) above who has a license as herein required.
(Ord. 291, Sec. 3; Ord. 1702)
Nothing herein shall be construed as permitting the sale at wholesale of enhanced cereal malt beverages within the City of Andover, Kansas.
(Ord. 291, Sec. 4; Ord. 1702)
(a) It shall be unlawful for any person to sell any enhanced cereal malt beverage at retail without a license for each place of business where enhanced cereal malt beverages are to be sold at retail.
(b) It shall be unlawful for any person, having a license to sell enhanced cereal malt beverages at retail only in the original and unopened containers and not for consumption on the premises, to sell any enhanced cereal malt beverage in any other manner.
(Code 2011; Ord. 1702)
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.
(a) The application shall be verified, and upon a form prepared by the attorney general of the State of Kansas, and shall contain at least the information required by K.S.A. 41-2702, as from time to time amended, including successor provisions thereto;
(b) 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;
(c) 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; Ord. 1702)
(a) All applications for a new or renewed enhanced 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 attempt to 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 enhanced cereal malt beverage license in the city shall use its best efforts to attend the governing body meeting when the application for a new license will be considered.
(Code 2011; Ord. 1702)
(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; Ord. 1702)
Each license shall be posted in a conspicuous place in the place of business for which the license is issued.
(Code 2011; Ord. 1702)
No license shall be issued to a person or entity other than in accordance with K.S.A. 41-2703 and 41-2703a, as from time to time amended, including successor provisions thereto.
(Code 2011; Ord. 1702)
(a) No license shall be issued for the sale at retail of any enhanced 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 enhanced cereal malt beverage at any place within the city limits that is within a 200 foot radius of any church or school.
(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 an enhanced 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; Ord. 1702)
The license fees shall be as follows:
(a) General Retailer - for each place of business selling enhanced cereal malt beverages at retail for consumption on the premises, $50.00 per calendar year plus required state licensing fee ($25.00).
(b) Limited Retailer - for each place of business selling only at retail enhanced cereal malt beverages in original and unopened containers and not for consumption on the premises, $50.00 per calendar year plus required state licensing fee ($25.00).
(c) Special Event Retailer (Temporary) – for each place of business selling enhanced cereal malt beverages at retail for a special event approved by the governing body of the City, $50.00 per event plus required state licensing fee ($25.00).
(d) Change of Location - 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 (plus any state licensing fee). 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.
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. Any retailer in possession of a duly issued and unrevoked cereal malt beverage license on April 1, 2019, shall be deemed to possess an enhanced cereal malt beverage license for the remainder of its term.
(Code 2011; Ord. 1702)
The governing body of the City may, upon five days' written notice, suspend or revoke such license in accordance with the terms of K.S.A. 41-2708 as from time to time amended, including any successor provisions thereto.
(Code 2011; Ord. 1702)
It shall be unlawful for any wholesaler and/or distributor, his, her or its agents or employees, to sell and/or deliver enhanced 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; Ord. 1702)
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 enhanced cereal malt beverages on any Sunday, except Easter Sunday, are permitted. The hours for retail sale of enhanced cereal malt beverages on permitted Sundays are limited to 9:00 a.m. to 8:00 p.m.
(d) Enhanced 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. 41-2601 et seq. and amendments thereto, 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 enhanced 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 alcoholic 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; Ord. 1702; Ord. 1803)
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 restroom for each sex easily accessible at all times to its patrons and employees. The restroom 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 restroom 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 receptacles shall be provided for waste material and such receptacles in toilet rooms for women shall be covered. The restrooms 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; Ord. 1702)
It shall be unlawful for any person under 21 years of age to remain on any premises where the sale of enhanced 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 enhanced cereal malt beverages for on-premises consumption.
(Ord. 573; Ord. 1702)