CHAPTER IV. BEVERAGESCHAPTER IV. BEVERAGES\ARTICLE 2. ALCOHOLIC LIQUOR AND CEREAL MALT BEVERAGE LICENSES AND PERMITS

No person shall engage in any of the following activities within the corporate limits of the city without first having secured, and without having in full force and effect, an applicable license or permit from the city as set forth in this chapter:

(a)   To sell at retail, keep for sale at retail, offer for sale at retail, or expose for sale at retail any cereal malt beverage, violation of which shall be punishable as prescribed in Section 4-501(a); or

(b)   To engage in any business, enterprise or activity for which a license is required under the Kansas Liquor Control Act involving the sale at retail, the keeping of sale at retail, or the exposing for sale at retail of any alcoholic liquor, or constituting the operation of a Club, drinking establishment or microbrewery, or being a caterer, violation of which shall be punishable as prescribed in Section 4-501 (b).

(Ord. 4553-05)

(a)   Licenses issued by the city clerk shall be of the following classes, which shall permit the activities described in relation thereto, subject to the conditions and restrictions set forth in this chapter:

(1)   Cereal Malt Beverage General Retailer license, which shall permit the retail sale of cereal malt beverages for consumption on the premises for which the license is issued, but shall not permit the retail sale of cereal malt beverages in original and unopened containers which is not for consumption on the premises.

(2)   Cereal Malt Beverage Limited Retailer license, which shall permit the retail sale of cereal malt beverages for consumption on the premises for which the license is issued by a food service establishment which derives not less than 50% of its gross receipts from the licensed premises from the sale of food for consumption on the licensed premises, but shall not permit the retail sale of cereal malt beverages in original and unopened containers which is not for consumption on the premises.

(3)   Cereal Malt Beverage Restricted Retailer license, which shall permit the retail sale of cereal malt beverages in original and unopened containers which is not for consumption on the premises for which the license issued, but shall not permit the retail sale of cereal malt beverages for consumption on the premises.

(4)   Alcoholic Liquor Retailer license, which shall permit the retail sale of alcoholic liquor on the premises for which the license is issued, in original and unopened containers and not for consumption on the premises.

(5)   Class A Club license, which shall permit the operation on the premises for which the license is issued of a Class A Club under a license issued by the State Director of Alcohol Beverage Control pursuant to the Kansas Liquor Control Act.

(6)   Class B Club license, which shall permit the operation on the premises for which the license is issued of a Class B Club under a license issued by the State Director of Alcohol Beverage Control pursuant to the Kansas Liquor Control Act.

(7)   Drinking Establishment license, which shall permit the operation on the premises for which the license is issued of a Drinking Establishment under a license issued by the State Director of Alcohol Beverage Control pursuant to the Kansas Liquor Control Act.

(8)   Caterer license, which shall permit the maintenance in the city, on the premises for which the license is issued, of a principal place of business under a Caterer license issued by the State Director of Alcohol Beverage Control, and which shall permit the retail sale or serving of alcoholic liquor by the individual drink, and the provision of services related to the serving thereof, on unlicensed premises in the city which may be open to the public.

(9)   Drinking Establishment/Caterer license, which shall permit all of the activities under both a Drinking Establishment license and a Caterer license.

(10) Microbrewery license, which shall permit which shall permit the operation on the premises for which the license is issued of a Microbrewery under a license issued by the State Director of Alcohol Beverage Control pursuant to the Kansas Liquor Control Act.

(11) Farm Winery license, which shall permit the operation on the premises for which the license is issued of a Farm Winery under a license issued by the State Director of Alcohol Beverage Control pursuant to the Kansas Liquor Control Act.

(b)   Permits issued by the city clerk shall be of the following classes, which shall permit the activities described in relation thereto, subject to the conditions and restrictions set forth in this chapter:

(1)   Special Event Cereal Malt Beverage permit, which shall permit the retail sale or serving of cereal malt beverages for consumption on unlicensed premises which may be open to the public and associated with a special event being conducted by the licensee, subject to the terms and conditions of such permit.

(2)   Temporary Alcoholic Liquor permit, which shall permit the retail sale or serving of alcoholic liquor for consumption on unlicensed premises in the city which may be open to the public, pursuant to a Temporary Permit issued by the State Director of Alcohol Beverage Control, subject to the terms and conditions of such permit and of such license.

(c)   Licenses issued by the city clerk shall be for the following terms:

(1)   Cereal malt beverage licenses under subsections (a)(1) through (a)(3) above shall be for a term commencing on the date the license is issued, expiring one year after such date.

(2)   Alcohol liquor licenses under subsections (a)(4) through (a)(11) above shall be for a term expiring on the date of expiration of the licensee’s corresponding State license.

(Ord. 4553-05)

(a)   There is hereby levied an annual occupation or license tax upon each of the following licensees as follows:

(1)   Cereal Malt Beverage General Retailer license, an annual tax of $200, except, however, if the licensed premises is a railway car, in which case the annual tax shall be $100.

(2)   Cereal Malt Beverage Limited Retailer license, an annual tax of $200, except, however, if the licensed premises is a railway car, in which case the annual tax shall be $100.

(3)   Cereal Malt Beverage Restricted Retailer license, an annual tax of $50.

(b)   There is hereby levied a biennial occupation or license tax upon each of the following licensees as follows:

(1)   Alcoholic Liquor Retailer license, a biennial tax of $600.

(2)   Class A Club license, a biennial tax of $500.

(3)   Class B Club license, a biennial tax of $500.

(4)   Drinking Establishment license, a biennial tax of $500.

(5)   Caterer license, a biennial tax of $500.

(6)   Drinking Establishment/Caterer license, a biennial tax of $500.

(7)   Microbrewery license, a biennial tax of $500.

(8)   Farm Winery license, a biennial tax of $500.

(c)   There is hereby levied a permit fee for the issuance of each of the following permits:

(1)   Special Event Cereal Malt Beverage permit, $100.

(2)   Temporary Alcoholic Liquor permit, $100.

(d)   The occupation or license tax shall be paid before business is begun in the city under an original state license and within 10 days after the annual renewal of the state license. Such occupation or license taxes are nonrefundable, regardless of any abandonment or cessation of operations under such license, and regardless of any suspension or revocation of such license prior to the end of its term.

(e)   The permit fee shall be paid at the time of the application for the permit. Such permit fees are non-refundable, regardless of any denial of the application, and regardless of any abandonment, failure or inability of the licensee to conduct all or any part of the event for which such permit is issued.

(f)   Notwithstanding the provisions of subsection (e) above, an applicant for a biennial license may elect to pay one-half of the license fee at the time of the application, provided that in such event the applicant must pay the remaining one-half of the license fee plus 10% of such remaining balance on or by the anniversary date of the issuance of the license. Failure to pay said amount by such anniversary date shall result in the automatic cancellation of such license for the remainder of the license term; provided, however, that if the Director of Alcoholic Beverage Control of the Department of Revenue of the State of Kansas grants an extension of the time for the payment of the remainder of the State license fee, such extension shall likewise extend the deadline for the payment of the city license fee.

(Ord. 4553-05; Ord. 4773-11)

(a)   Any person desiring a Cereal Malt Beverage General Retailer license of a Cereal Malt Beverage Restricted Retailer license shall make an application to the governing body, through the city clerk, which application shall be accompanied by the required occupation or license tax for each place of business for which the person desires the license by certified or cashier’s check of a bank within this state, United States Post Office money order, or cash in the full amount of the tax. The application shall be verified and upon a form prepared by the Attorney General of the State of Kansas and shall contain:

(1)   The name and residence of the applicant and how long the applicant has resided within the State of Kansas;

(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 21 years of age, and that the applicant 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.

(b)   If the application is in proper form and accompanied by cash in the amount of the license fee, the governing body of the city shall, if the applicant is qualified as provided by law, issue a license to the applicant; provided, however, that no license shall be issued to:

(1)   A person who is not a resident of the county in which the place of business covered by the license is located, has not been a resident of such county for at least six months or has not been a resident in good faith of the State of Kansas.

(2)   A person who has not been a resident of this state for at least one year immediately preceding application for a retailer’s license.

(3)   A person who is not of good character and reputation in the community in which the person resides.

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

(5)   A person who, within two years immediately preceding the date of application, has been convicted of a felony or 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.

(6)   A partnership, unless all the members of the partnership are otherwise qualified to obtain a license.

(7)   A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 25% of the stock of such corporation, would be ineligible to receive a license hereunder for any reason other than the citizenship and residency requirements.

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

(9)   A person whose place of business is conducted by a manager or agent unless the manager or agent possesses all the qualifications of a licensee.

(10) 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 (b)(10) shall not apply in determining eligibility for a renewal license.

(11) 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 act.

(Ord. 4553-05)

Any person desiring a license as an Alcoholic Liquor Retailer, a Club, a Drinking Establishment, a Caterer, and Drinking Establishment/Caterer, a Microbrewery or a Farm Winery shall make an application to the governing body, through the city clerk. The applicant’s license issued by the State Director of Alcohol Beverage Control shall be presented with such application, accompanied by payment of the required occupation or license tax for each place of business for which the person desires the license by certified or cashier’s check of a bank within this state, United States Post Office money order, or cash in the full amount of the tax.

(Ord. 4553-05)

A Special Event Cereal Malt Beverage Permit may be issued for the sale, associated with a special event being conducted by the licensee, of cereal malt beverages for consumption on the designated premises only, subject to the following conditions and restrictions:

(a)   A Special Event Cereal Malt Beverage permit may be issued only to a non-profit corporation organized under the laws of the State of Kansas, or authorized to engage in activities in the State of Kansas.

(b)   An application for a Special Event Cereal Malt Beverage permit shall be accompanied by payment of the permit fee by certified or cashier’s check of a bank within this state, United States Post Office money order.

(c)   No more than four (4) special event permits may be issued to anyone applicant in a calendar year.

(d)   A special event permit shall not be transferable or assignable.

(e)   In addition to the information required to be provided with an application under City Code Sec. 4-204, an applicant for a Special Event Cereal Malt Beverage permit shall also provide the following additional information:

(l)    A certificate issued by the Kansas Secretary of State showing that the applicant corporation is in good standing under the laws of the State of Kansas.

(2)   A description of the nature and extent of the special event activities which the permittee will be conducting in connection with the permitted sale activities, including those to be conducted simultaneously with the permitted sale activities.

(3)   A detailed description of the premises or portion of a premises where the permitted activities are to be conducted; and, if all or any part of the permitted premises is to be outdoors, a diagram shall be provided illustrating reasonably to scale the boundaries thereof in relation to any other fixed objects or premises boundary lines.

(4)   A detailed schedule outlining the duration of the event to include both the dates and hours for which the permit shall be issued.

(5)   A description or illustration of all points of access to the permitted premises; and, as to any outdoors areas, the type of fencing which is to be used.

(6)   A description and number of the event staff and security personnel to be utilized, and a description of the measures which will be utilized to control access, to determine the age and identification of the persons attending, and to otherwise prevent violations of the City’s ordinance and Code provisions pertaining to the sale and consumption of cereal malt beverages.

(f)   A Special Event Cereal Malt Beverage permit shall be issued only for the day(s) of the event identified in the application, which shall not exceed three consecutive days, all of which must be days lawful for consumption of cereal malt beverages under the provisions of this chapter.

(g)   Permitted special events shall be conducted in conformity with all provisions of this chapter, including the hours of sale and the rules and regulations set forth in this chapter as to cereal malt beverages.

(h)   Any permitted premises which is or includes outdoor areas must at all times during the permitted event be enclosed by suitable fencing in such a manner as to allow access only through one or more official gates or entrances, which gates or entrances must be staffed and controlled by the permittee’s event staff or security personnel at all times during the event.

(i)    In issuing a Special Event Cereal Malt Beverage permit for outdoor premises, the governing body may impose additional restrictions on times of sale under the license and such other conditions or restrictions as the governing body may deem reasonably necessary to protect the public peace, safety and welfare.

(j)    A Special Event Cereal Malt Beverage permit may be issued for properties in any zoning classification; provided, however, no such permit may be issued for any outdoor premises which is within the distance limitations under Code Sec. 4-213 or that is within 200 feet of any existing residence without the consent of the owners or occupants thereof.

(k)   A special event permit holder shall not be subject to the provisions of the beer and cereal malt beverage keg regulations under Section 4-401 of the Code of the City of Newton, Kansas.

(Ord. 4553-05; Ord. 4773-11)

(a)   Any person desiring a permit to conduct an event under a Temporary Permit issued by the State Director of Alcohol Beverage Control under the Kansas Liquor Control Act shall make an application to the governing body, through the city clerk. The applicant’s Temporary Permit issued by the State Director of Alcohol Beverage Control shall be presented with such application, accompanied by payment of the required permit fee by certified or cashier’s check of a bank within this state, United States Post Office money order, or cash in the full amount of the tax.

(b)   A permit to conduct an event under a Temporary Permit shall be issued only for the day(s) of the event identified in the application and in the Temporary Permit.

(c)   Permitted events shall be conducted in conformity with all provisions of this chapter, including the hours of sale and the rules and regulations set forth in this chapter applicable to the alcoholic liquor.

(d)   Any permitted premises which is or includes outdoor areas must at all times during the permitted event be enclosed by suitable fencing in such a manner as to allow access only through one or more official gates or entrances, which gates or entrances must be staffed and controlled by the permittee’s event staff or security personnel at all times during the event.

(e)   In addition, an applicant for a permit to conduct an event under a Temporary Permit shall also provide the following additional information:

(1)   A description of the nature and extent of the event activities which the permittee will be conducting in connection with the permitted sale activities, including those to be conducted simultaneously with the permitted sale activities.

(2)   A detailed description of the premises or portion of a premises where the permitted activities are to be conducted; and, if all or any part of the permitted premises is to be outdoors, a diagram shall be provided illustrating reasonably to scale the boundaries thereof in relation to any other fixed objects or premises boundary lines.

(3)   A description or illustration of all points of access to the permitted premises; and, as to any outdoors areas, the type of fencing which is to be used.

(4)   A description and number of the event staff and security personnel to be utilized, and a description of the measures which will be utilized to control access, to determine the age and identification of the persons attending, and to otherwise prevent violations of the City’s ordinance and Code provisions pertaining to the sale and consumption of alcoholic liquor.

(f)   In issuing a permit for outdoor premises, the governing body may impose additional restrictions on times of sale under the permit and such other conditions or restrictions as the governing body may deem reasonably necessary to protect the public peace, safety and welfare.

(g)   A permit may be issued for properties in any zoning classification; provided, however, no such permit may be issued for any outdoor premises which is within the distance limitations under section 4-213 or that is within 200 feet of any existing residence without the consent of the owners or occupants thereof.

(Ord. 4553-05)

Before a license or permit shall be issued, the City Manager shall cause the portion of any building in which the licensed premises is to be located to be inspected by the building, electrical, sanitary and plumbing inspectors of the city. No application shall be approved by the governing body unless said building shall conform to the provisions of this chapter and of all laws, health, fire, sanitary and plumbing regulations of the city. If the building and business premises conforms to said laws and regulations, the City Manager shall so certify on the application of said applicant. The City Manager shall thereafter cause periodic inspections to be conducted of the building and business premises at any time and from time to time as deemed necessary for the enforcement of the provisions of this article, and the licensee shall submit to any and all such inspections upon request.

(Ord. 4553-05)

Every person to whom a license or permit has been issued under this chapter shall cause such license or permit to be displayed in a conspicuous place on the licensed premises along with any related license or permit issued by the State Director of Alcohol Beverage Control.

(Ord. 4553-05)

(a)   Any license or permit issued under this chapter, and all of the rights and privileges thereunder, shall terminate:

(1)   Upon the expiration of the term of such license or permit, unless such license or permit is renewed prior to the expiration of such term;

(2)   As to alcoholic liquor licenses and permits under Section 4-202(a)(4) through (a)(11), and under Section 202(b)(2), such licenses or permit shall automatically terminate upon termination or revocation of the licensee’s or permittee’ s corresponding license or permit; and

(3)   As to alcoholic liquor licenses and permits under Section 4-202(a)(4) through (a)(11), and under Section 4-202(b)(2), any suspension of such licensee’s or permittee’ s corresponding State license or permit shall also serve to automatically suspend the licensee’s or permittee’ s city license or permit.

(b)   Upon written recommendation of the Chief of Police, the City Manager or the City Clerk, and after five days’ written notice to the licensee, the governing body may suspend for up to one year, revoke or place on probation any license or permit issued under this chapter for any of the following reasons:

(1)   Fraudulently obtaining the license or permit by the giving of false information in the application therefor;

(2)   Nonpayment of, or any failure in the payment of, any license or permit fees;

(3)   The licensee or permittee becoming ineligible to obtain a license or permit under this chapter after having been issued a license;

(4)   Failure to comply with any of the reporting or recordkeeping requirements, or failure to comply with any inspection requirements, as applicable to such licensee or permittee; or

(5)   Commission by the licensee or permittee, or by such person’s manager or employee in the course of their duties, of any violation of the provisions or requirements of this chapter, or of the provisions of the Kansas Liquor Control Act, or of any provisions of the Beer and Cereal Malt Beverage Keg Registration Act, or any other ordinance or law of the State of Kansas relating to cereal malt beverages or alcoholic liquor.

(c)   Within thirty (30) days after the order suspending or revoking any license or permit issued under this chapter, the holder of such license or permit may appeal to the District Court of Harvey County pursuant to K.S.A. 60-2101(d). Absent an order from the Harvey County District Court to the contrary, no appeal taken from an order revoking or suspending any such license or permit shall suspend the order of revocation or suspension during the pendency of any such appeal. In the event of the revocation of any license or permit, neither the prior holder thereof, nor any person acting for or on behalf thereof, shall be issued a new license or permit of any kind under this chapter for a period of one year thereafter.

(Ord. 4553-05; Ord. 4773-11)

(a)   No license or permit issued under this chapter shall be transferable to any other person or party. In the event the holder of a license under which a place of business is designated should desire to change the location of that place of business during the year for which such a license or permit was issued, a new license may be issued by the governing body of the city without an additional license fee upon proper application having been made and granted therefor, and upon the surrender of the original license by the holder thereof.

(b)   In the event a licensee changes managers during the terms of the license, the licensee shall immediately file with the City Clerk a statement setting forth the name and address of the new manager and the information as to such manager as designated in the applicable license application requirements.

(Ord. 4553-05)

(a)   No cereal malt beverages shall be sold:

(1)   Between the hours of 12:00 midnight and 6:00 a.m.; or

(2)   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 30% of its gross receipts from the sale of food for consumption on the licensed premises;

(3)   Violations of this subsection (a) being punishable as prescribed in Section 4-501(a).

(b)   No alcoholic liquor shall be sold:

(1)   Before 9:00 a.m. or after 10:00 p.m. on Mondays through Fridays, and before 9:00 a.m. or after 11:00 p.m. on Saturdays, on any day when sales are permitted;

(2)   On Sunday; or

(3)   On Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day;

(4)   Violations of this subsection (b) being punishable as prescribed in Section 4-501(b).

(Ord. 4553-05)

(a)   No Cereal Malt Beverage General Retailer license shall be issued for any place of business which is within 200 feet of any property on which is located a public or parochial school, or within 200 feet of any property on which a church is located. The distance shall be measured from the nearest property line on the property on which the school or church is located to the nearest portion of the licensed premises. However, if a Cereal Malt Beverage General Retailer license is issued for a location which complies with this restriction, but thereafter and during the term of such license a school or church locates on a property which is within the distance restrictions, such proximity shall not disqualify the licensee from continuing to do business at such licensed premises, nor disqualify the licensee from renewal of the license, and shall not disqualify the issuance of a license to any otherwise eligible person acquiring such business, as long as such licensed business activities are continuously operated without the lapse or revocation of any such license.

(b)   No Cereal Malt Beverage General Retailer license shall be issued for any place of business which is not located in that part of the C-3 Central Business District zoning classification which is located between Seventh Street and Second Street and between Oak Street and Poplar Street; provided, however, that this restriction shall not apply to a place of business which is also licensed as a Club under this chapter.

(c)   No Cereal Malt Beverage Restricted Retailer license and no Cereal Malt Beverage Limited Retailer license shall be issued for any place of business which is not located in a C-l Neighborhood Business District, or in a C-2 General Business District, or in a C-3 Central Business District, or in a C-T Transitional Business District.

(d)   No premises may serve as the licensed premises for both a Cereal Malt Beverage General Retailer and for a Cereal Malt Beverage Restricted Retailer, or for both a Cereal Malt Beverage Limited Retailer and for a Cereal Malt Beverage Restricted Retailer.

(e)   A license for a Cereal Malt Beverage General Retailer or for a Cereal Malt Beverage Limited Retailer may be denied if the premises is in close proximity to premises licensed for a Cereal Malt Beverage Restricted Retailer, and a license for a Cereal Malt Beverage Restricted Retailer may be denied if the premises is in close proximity to premises licensed for a Cereal Malt Beverage General Retailer or for a Cereal Malt Beverage Limited Retailer, unless each such premises is a clearly separate and distinct business premises from the other without direct interconnection by which members of the public may pass from one such premises into the other. The presence of common public hallways or walkways, such as common areas within a shopping mall, shall not constitute such a direct interconnection.

(Ord. 4553-05)