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 or State Director of Alcoholic Beverage Control as appropriate and 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 or Beer containing not more than 6% Alcohol by volume; 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, Microdistillery, or Microbrewery, or being a Caterer.
(c) The Licensee shall submit any State licenses as required under K.S.A. 41-2702, prior to any City license being issued.
(Ord. 4553-05; Ord. 4981-19; Ord. 4986-19; Ord. 5121-23; Ord. 5130-23)
(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) On-Premises CMB Retailer License, which shall permit the retail Sale of Cereal Malt Beverages and Beer containing not more than 6% Alcohol by volume for consumption on the premises for which the license is issued.
(2) Off-Premises CMB Retailer License, which shall permit the retail Sale of Cereal Malt Beverages and Beer containing not more than 6% Alcohol by volume in original and unopened containers which is not for consumption on the premises for which the license is issued.
(3) 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.
(4) Class A Club license, which shall permit the operation on the premises for which the license is issued for a Class A Club under a license issued by the State Director of Alcohol Beverage Control pursuant to the Kansas Liquor Control Act.
(5) Class B Club license, which shall permit the operation on the premises for which the license is issued for a Class B Club under a license issued by the State Director of Alcohol Beverage Control pursuant to the Kansas Liquor Control Act.
(6) 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.
(7) 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.
(8) Drinking Establishment/Caterer license, which shall permit all of the activities under both a Drinking Establishment license and a Caterer license.
(9) Microbrewery license, 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.
(10) 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.
(11) Microdistillery License, which shall permit the operation on the premises for which the license is issued of a Microdistillery 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 Retailer Permit. Shall permit the retail Sale or serving of Cereal Malt Beverages and Beer containing not more than 6% Alcohol by volume for consumption on unlicensed premises which may be open to the public and associated with a special event being conducted by the permittee, subject to the terms and conditions of such permit.
(2) Temporary Permit. 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.
(3) Common Consumption Permit. Shall allow the consumption of Alcoholic Liquor or Cereal Malt Beverage in any area designated by such permit, pursuant to the City Ordinance establishing the consumption area and approved and issued by the State Director of Alcohol Beverage Control.
(c) Licenses issued by the City Clerk shall be for the following terms:
(1) Cereal Malt Beverage licenses under subsections (a)(1) and (a)(2) of this Chapter shall expire at the end of the calendar year for which said license is issued.
(2) Alcohol liquor licenses under subsections (a)(3) through (a)(11) of 4-202 shall be for a term expiring on the date of expiration of the licensee’s corresponding State license.
(Ord. 4553-05; Ord. 4981-19; Ord. 4986-19; Ord. 5121-23; Ord. 5130-23)
(a) There is hereby levied an annual occupation or license fee upon each of the following licensees as follows:
(1) On-Premises CMB Retailer License, an annual fee of $200.
(2) Off-Premises CMB Retailer License, an annual fee of $50.
(3) Sale of CMB on a Railway Car, an annual fee of $100.
(b) In addition to the payment of the taxes described in subsection (a)(1) and (a)(2) above, each licensee must purchase, from the City Clerk, a $25.00 state CMB stamp to be affixed to the license.
(c) There is hereby levied a biennial occupation or license tax upon each of the following licensees pursuant to K.S.A. 41-310 et seq 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.
(9) Microdistillery license, a biennial tax of $500.
(d) There is hereby levied a permit fee for the issuance of each of the following permits:
(1) Special Event Cereal Malt Beverage permit, $100.00.
(2) Temporary Alcoholic Liquor permit, $25.00 per day.
(3) Common Consumption permit, $100.
(e) In addition to the payment of the fees described in subsection (d)(1) above, each permit holder must purchase, from the City Clerk, a $25.00 state CMB stamp to be affixed to the permit.
(f) The occupation and applicable 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.
(g) 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 to conduct all or any part of the event for which such permit is issued.
(Ord. 4553-05; Ord. 4773-11; Ord. 4981-19; Ord. 4986-19; Ord. 5121-23; Ord. 5130-23)
(a) Any person desiring a Cereal Malt Beverage 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 (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 violation of any other intoxicating liquor law of any state or of the United States.
(b) If the application is in proper form, and the applicant is qualified as provided by law, the City shall issue a license to such applicant. Provided, however, that no Retailers license shall be issued to:
(1) A person who is not a Harvey County resident, has not been a resident of Harvey County for at least six (6) 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 (1) year immediately preceding application for a Retailer’s license.
(3) A person who is not a citizen of the United States.
(4) 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 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.
(5) A partnership, unless all the members of the partnership are otherwise qualified to obtain a license.
(6) 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.
(7) 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.
(8) A person whose spouse would be ineligible to receive a Retailer’s license for any reason other than citizenship.
(9) 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.
(c) After examination of an application for a Retailer’s license, the City 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 25% of the stock of such corporation, has been an officer, manager, director or a stockholder owning in the aggregate more than 25% of the stock, of a corporation which has:
(1) 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 Club and Drinking Establishment act or the Cereal Malt Beverage laws of this state.
(Ord. 4553-05; Ord. 4981-19; Ord. 4986-19; Ord. 5121-23; Ord. 5130-23)
Any person desiring a license as an Alcoholic Liquor Retailer, a Club, a Drinking Establishment, a Caterer, and Drinking Establishment/Caterer, a Microbrewery, a Microdistillery, 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 due. Applicants for a license involving Sale or consumption on a Railway Car are directed to the state Director of Alcohol Beverage Control.
(Ord. 4553-05; Ord. 4981-19; Ord. 4986-19; Ord. 5121-23; Ord. 5130-23)
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) 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, or a United States Post Office money order.
(b) No more than four (4) special event permits may be issued to anyone applicant in a calendar year.
(c) A special event permit shall not be transferable or assignable.
(d) In addition to the information required to be provided with an application for license under this Chapter, an applicant for a Special Event Cereal Malt Beverage permit shall also provide the following additional information:
(1) For a corporate applicant, 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 Code.
(e) 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 (3) consecutive days, all of which must be days lawful for consumption of Cereal Malt Beverages under the provisions of this chapter.
(f) 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.
(g) 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 (1) 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.
(h) 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.
(i) 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 two hundred (200) feet of any existing residence without the consent of the owners or occupants thereof.
(j) A special event permit holder shall not be subject to the provisions of the Beer and Cereal Malt Beverage Keg Registration Act.
(Ord. 4553-05; Ord. 4773-11; Ord. 4981-19; Ord. 4986-19; Ord. 5121-23; Ord. 5130-23)
The City Attorney shall at all times have the power to enjoin any party from selling Cereal Malt Beverages within the City notwithstanding said party having a license and permit if it shall appear that the licensee has violated any provision or regulation of the Cereal Malt Beverage Act or this Chapter. Injunction proceedings shall be the same as is now prescribed for the enjoining of intoxicating liquor nuisances.
(Ord. 4981-19; Ord. 4986-19; Ord. 5121-23; Ord. 5130-23)
(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.
(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 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 Temporary 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 Temporary 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 two hundred (200) feet of any existing residence without the consent of the owners or occupants thereof.
(Ord. 4981-19; Ord. 4986-19; Ord. 5121-23; Ord. 5130-23)
Before a license or permit shall be issued, the City Manager or their designee shall have the authority to inspect any licensed premises as to the electrical, sanitary, plumbing and other provisions of this Chapter and the City Code. 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. 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 Chapter, and the licensee shall submit to any and all such inspections upon request.
(Ord. 4981-19; Ord. 4986-19; Ord. 5121-23; Ord. 5130-23)
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; Ord. 4981-19; Ord. 4986-19; Ord. 5121-23; Ord. 5130-23)
Any license or permit issued under this Chapter, and all of the rights and privileges thereunder, shall terminate:
(a) 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;
(b) As to Alcoholic Liquor licenses and permits under Section 4-202(a)(3) through (a)(11), and under Section 4-202(b)(2), any suspension, revocation or expiration 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.
(Ord. 4553-05; Ord. 4773-11; Ord. 4981-19; Ord. 4986-19; Ord. 5121-23; Ord. 5130-23)
(a) Upon five (5) days’ notice to the persons holding a license, the City may revoke or suspend the license for any of the following reasons:
(1) The licensee has violated any of the provisions of K.S.A. 41-2701 et seq., and amendments thereto, or any rules or regulations made by the City, as the case may be;
(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 Beer containing not more than 6% Alcohol by volume to any person under the Legal Age for Consumption of 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 as defined by K.S.A. 41-102, and amendments thereto, except Beer containing not more than 6% Alcohol by volume; or
(6) the licensee has been convicted of a violation of the Beer and Cereal Malt Beverage Keg Registration Act.
(b) The provisions of subsections 4-212(a)(4) and 4-212(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.
(c) The Governing Body of the City, upon five (5) days’ notice to the persons holding a license, shall revoke or suspend the license for any one 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 under this act;
(3) the non-payment of any license fees;
(4) permitting any gambling in or upon the licensee’s Place of Business;
(5) the employment of persons under 18 years of age in dispensing or selling Cereal Malt Beverages or Beer containing not more than 6% Alcohol by volume;
(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; or
(7) there has been a violation of K.S.A. 21-4106 or 21-4107, prior to their repeal, or K.S.A. 2016 Supp. 21-6204, and amendments thereto, in or upon the licensee’s Place of Business.
(d) Within twenty (20) days after the order of the City revoking or suspending any license, the licensee may appeal to the district court 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 the license shall not suspend the order of revocation or suspension during the pendency of any such appeal.
(Ord. 4981-19; Ord. 4986-19; Ord. 5121-23; Ord. 5130-23)
(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 City without an additional license fee upon proper application being made and granted therefor, and upon the surrender of the original license.
(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; Ord. 4981-19; Ord. 4986-19; Ord. 5121-23; Ord. 5130-23)
(a) On-Premises CMB Retailer Licenses & Special Event Cereal Malt Beverage Retailer Permits:
(1) Sales of Cereal Malt Beverages and Beer containing not more than 6% Alcohol by volume are allowed between the hours of 6:00 a.m. and 12:00 a.m. midnight on non-holiday Mondays through Saturdays. However, the hours of legal Sales are extended to 2:00 a.m. of the following day if the business also has a Drinking Establishment license or Club license.
(2) Sales of Cereal Malt Beverages and Beer containing not more than 6% alcohol by volume are prohibited on Sunday, except in a Place of Business which is licensed to sell Cereal Malt Beverage for consumption on-premises and which derives not less than 30% of its gross receipts from the Sale of Food for consumption on the licensed premises.
(3) Notwithstanding 4-214(a)(1), Cereal Malt Beverages and Beer containing not more than 6% Alcohol by volume may be sold on premises which are licensed pursuant to both the Kansas Cereal Malt Beverage Act and the Club and Drinking Establishment Act at any time when Alcoholic Liquor is allowed by law to be served on the premises.
(b) Off-Premises CMB Retailer Licenses: Sales of Cereal Malt Beverages or Beer in the Original Package and containing not more than 6% Alcohol by volume may be sold within the City of Newton between the hours of 6:00 a.m. and 12:00 a.m. midnight on non-holiday Mondays through Saturdays. Sale is allowed within the City of Newton on any Sunday and any holiday except Easter. The Sunday Sale at Retail of cereal malt beverage in the Original Package for off-premises consumption is only allowed between the hours of 12:00 p.m. noon and 8:00 p.m.
(c) Alcoholic Liquor Retailer Licenses: The Sales of Alcoholic beverages in the Original Package for off-premises consumption is allowed within the City of Newton between the hours of 9:00 a.m. and 11:00 p.m. on non-holiday Mondays through Saturdays, and from 12:00 p.m. noon to 8:00 p.m. on any Sunday and any holiday except Easter, Thanksgiving Day and Christmas Day.
(Ord. 4553-05; Ord. 4981-19; Ord. 4986-19; Ord. 5121-23; Ord. 5130-23)
(a) No Cereal Malt Beverage 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.
(b) No On-Premises CMB 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 an On-Premises CMB 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.
(Ord. 4553-05; Ord. 4981-19; Ord. 4986-19; Ord. 5121-23; Ord. 5130-23)
(a) Notwithstanding any other provision of law, any limited liability company applying for a license under the Kansas Cereal Malt Beverage Act shall be required to meet the qualifications for licensure of a corporation under K.S.A. 41-2703, and amendments thereto, except that only those individuals owning in the aggregate 25% or more of the ownership interest in such limited liability company shall be required to meet the qualifications for an individual to obtain a license.
(b) Any limited liability company applying for a license under the Kansas Cereal Malt Beverage Act shall submit a copy of its articles of organization and operating agreement to the director in such form and manner as prescribed by the director.
(Ord. 4981-19; Ord. 4986-19; Ord. 5121-23; Ord. 5130-23)