The "Cereal Malt Beverage License" issued by the city of Eudora pursuant to this article, authorizes the sale of cereal malt beverages and enhanced cereal malt beverages, as defined in section 1, by those retailers in compliance with this article and other laws and regulations that may apply.

(Ord. 1088)

(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.

(K.S.A. 41-2702: Code 1977, 3-102: Code 1985; Ord. 1088)

Any person desiring a license shall make an application to the governing body of the city 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;

(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 of the United States;

(f)    Each application or a general retailer's license shall be accompanied by a certificate from the city codes administrator certifying that he or she has inspected the premises to be licensed and that the same comply with the provisions of chapter 8 of this code;

(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 provisions of chapter 7 of this code. The city clerk shall investigate each applicant to determine whether qualified as licensed. The application shall be scheduled for consideration by the governing body at the earliest meeting consistent with current notification requirements.

(h)   Receipt of a Certificate of Registration on the City's Retailers Registry; and

(i)    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 of the city 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 article. The chief shall report to the city commission not later than five (5) working days subsequent to the receipt of such application. The application shall be scheduled for consideration by the city commission at the earliest meeting consistent with current notification requirements.

(Code 1985; Code 2016; Ord. 1088; Ord. 1121)

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

(b)   The city clerk's office shall notify the applicant of an existing license thirty (30) days in advance of its expiration.

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

(d)   An applicant who has not had an enhanced cereal malt beverage license in Eudora shall attend the governing body meeting when the application for a new license will be considered.

(e)   Pursuant to K.S.A. 41-2703a, as amended, 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.

(Code 1985; Code 2016; Ord. 1088)

(a)   The journal of the governing body 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 1977, 3-10a; Code 1985; Ord. 1088)

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

(Code 1985; Ord. 1088)

No retailer's license shall be issued to:

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

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

(c)   A person who, within two (2) 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 the violation of any other intoxicating liquor law of any state or of the United States.

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

(e)   A corporation or a limited liability company if any member, manager, officer or director thereof, or any stockholder or member owning in the aggregate more than twenty-five percent (25%) of the stock or the ownership interests of such corporation or limited liability company would be ineligible to receive a license hereunder for any reason other than citizenship requirements.

(f)    A corporation or a limited liability company, if any member, manager, officer or director thereof, or any stockholder or member owning in the aggregate more than twenty-five percent (25%) of the stock or the ownership interests of such corporation or limited liability company, has been an officer, manager or director, or a stockholder owning in the aggregate more than twenty-five percent (25%) of the stock or the ownership interests of a corporation or limited liability company 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.

(g)   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.

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

(i)    A person who has not submitted his or her fingerprints to the police department immediately after making the license application and within a sufficient length of time before the examination thereof by the governing body to permit the use of fingerprints in the determination of any requirements made by this article of applicants for licenses, if so requested by the chief of police.

(Ord. 661, Sec. 2; Ord. 1088; Ord. 1121)

(a)   No license shall be granted to sell enhanced cereal malt beverages on premises which are located in areas not zoned for such purpose, or if the premises do not comply with other city laws, including building and health codes.

(b)   No license shall be granted to sell enhanced cereal malt beverages at any place of business or location within 200 feet of any public or parochial school or church; provided, that if any such facility shall be established within 200 feet after such premises have been licensed, then such premises shall be an eligible location for licensing.  For schools, the distance shall be measured from the nearest property line of the school to the nearest portion of the building occupied by the business selling or serving the beverages.  For churches, the distance shall be measured from the church building to the portion of the building occupied by the business selling or serving the beverage.

(c)   The prohibition set out in subsection (b) of this section shall further not apply to any business that obtains an enhanced cereal malt beverage, club, drinking establishment, caterer, temporary permit, farm winery, or microbrewery license issued by the city when the licensee has petitioned for and received a waiver of the distance limitation from the governing body.  The governing body shall grant such waiver only following notice to property owners within such 200-foot distance (in such manner as the city may require) and a public hearing and a finding by the governing body that the proximity of the establishment is not adverse to the public welfare or safety.

(K.S.A. 41-2704; Ord. 661, Sec. 2; Ord. 1088)

(a)   Fees for general and limited retailers of enhanced cereal malt beverages shall be as adopted by the governing body and on record in the office of the city clerk from time to time. Such fee shall be in addition to such fees as are to be remitted to the Division of Alcohol Beverage Control pursuant to K.S.A. 41-2702, as amended. License fees are non-refundable and non-transferable.

(b)   The full amount of the license fee shall be required regardless of the time of 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.

(K.S.A. 41-2702; Code 1977, 3-103; Code 1985; Code 2016; Ord. 1088; Ord. 1121)

(a)   The governing body of the city, upon five (5) days' notice to the persons holding a license to sell enhanced cereal malt beverages, may revoke or suspend the license for any one of the following reasons:

(1)   The licensee has violated any of the provisions of this article, or any provisions of K.SA 41-2701 et seq., as amended;

(2)   Drunkenness of the licensee or permitting any intoxicated person to remain upon the licensee's place of business;

(3)   The sale of cereal malt beverages or enhanced cereal malt beverages to any person under the legal age for consumption of cereal malt beverages or enhanced cereal malt beverages;

(4)   Permitting any person to mix drinks with materials purchased in or upon the place of business or brought in for that purpose;

(5)   For the sale or possession of, or for permitting any person to use or consume on the licensed premises, any alcoholic liquor, except enhanced cereal malt beverages; or

(6)   The licensee has been convicted of a violation of the Kansas beer and cereal malt beverage keg registration act, as amended.

(b)   The provisions of subsections (a)(4) and (a)(5) shall not apply if such place of business or premises also are currently licensed as a club or drinking establishment pursuant to the Kansas club and drinking establishment act, as amended.

(c)   The governing body of the city, upon five (5) days' notice to the persons holding a license to sell enhanced cereal malt beverages, shall revoke or suspend the license for any one of the following reasons:

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

(2)   If the licensee has become ineligible to obtain a license under this article;

(3)   The nonpayment of any license fees;

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

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

(6)   For 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 years, adjudged guilty of a felony or any violation of the intoxicating liquor laws of this state, or another state, or the United States; or

(7)   There has been a violation of K.S.A. 21-6204 (maintaining or permitting a public nuisance), as amended.

(K.S.A. 41-2708; Ord. 661, Sec. 2; Ord. 1088; Ord. 1121)

(a)   Whenever any law enforcement officer or other city official has reason to believe that a licensee has violated the provisions of section 3-210, that officer or official shall cause a written complaint to be filed with the commission.

(1)   Such complaint shall sufficiently define the charges against the licensee and grounds upon which his or her license is sought to be suspended or revoked.

(2)   On receipt of such complaint, the commission shall set a hearing upon the complaint and shall give written notice of such hearing to the licensee. A copy of the complaint shall accompany the notice. The hearing shall be initially scheduled during a regular meeting of the commission and shall be at least ten (10) days from the date the notice is sent.

(3)   At the hearing, evidence shall be presented in support of the complaint by the city prosecutor and the licensee shall have the right to be present and represented by counsel, the right to cross-examine witnesses, and the right to present witnesses and evidence on his or her own behalf. A continuance of such hearing may be granted by the commission for good cause shown.

(4)   The commission shall decide whether or not the allegations in the complaint are true by a majority vote of those members present at the meeting, if they find any allegations to be true, such finding shall constitute one violation and the commission shall proceed to determine the disposition of the matter.

(b)   The commission, upon finding that an allegation based upon subsection 3-21 0(a) is true, may revoke or suspend the licensee's license.

(c)   The commission, upon finding that an allegation based upon any other subsection of 3- 21 0(a), is true, may make the following dispositions:

(1)   Upon a licensee's first violation within a three-year period, suspend his or her license for not less than one day or more than ten (10) days;

(2)   Upon a licensee's second violation within a three-year period, suspend his or her license for not less than five (5) days or more than two (2) months;

(3)   Upon a licensee's third or subsequent violation within a three-year period, suspend his or her license for not less than thirty (30) days or more than six (6) months or may revoke the licensee's license.

(d)   The commission, upon finding that an allegation based upon subsection 3-210(b) is true, shall revoke or suspend the licensee's license.

(e)   The decision and disposition of the commission shall be reduced to writing and the dates of any suspension shall be stated therein. A copy of such decision shall be forthwith sent to the licensee and any such suspension or revocation may begin immediately.

(Ord. 661, Sec. 4; Ord. 1088; Ord. 1121)

Within twenty (20) days after the order of the commission 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. In case of the revocation of the license of any licensee, no new license shall be issued to the former licensee, or to any person acting for or on the former licensee's behalf, for a period of six months thereafter.

(K.S.A. 41-2708; Ord, 661, Sec. 2; Ord. 1088)

If a licensee desires to change the location of his or her place of business, he or she shall make 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 $5.  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 1985; Ord. 1088)

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 article to sell the same within this city unless such wholesaler and/or distributor has first secured a license from the director of alcohol beverage control and agents and employees designated by the director with the approval of the secretary of revenue of the State of Kansas authorizing such sales.

(K.S.A. 79-3837; Code 1985; Ord. 1088)

It shall be the duty of every licensee to observe the following regulations. Noncompliance shall constitute a code violation.

(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 police and health officers of the city, county, and state;

(c)   Except as provided by subsection (d), no enhanced cereal malt beverages may be sold or dispensed: (i) except as to Sundays, between the hours of 12:00 midnight and 6:00 a.m.; (ii) on Easter Sunday; (iii) in the original package before 9:00 a.m. or after 8:00 p.m. on all other Sundays; or (iv) for consumption on the licensed premises on Sunday, except in a place of business which is licensed to sell enhanced cereal malt beverage for consumption on the premises, which derives not less than thirty percent (30%) of its gross receipts from the sale of food for consumption on the licensed premises. Closing hours for clubs shall conform to K.S.A. 41-2614 and any amendments thereto;

(d)   Notwithstanding the provisions of Section 3-215(c) above, enhanced cereal malt beverages may be sold on premises which are licensed pursuant to both the Kansas cereal malt beverage act (K.S.A. 41-2701 et seq.) and the Kansas club and drinking establishment act (K.S.A. 41-2601 et seq.) at any time alcoholic liquor is allowed by law to be served on such premises.

(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 pursuant to the Kansas Club and Drinking Establishment Act 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 license 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 of enhanced cereal malt beverage;

(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. This provision shall not apply to the state lottery;

(j)    No licensee or agent or employee of the licensee shall permit any person to mix alcoholic drinks with materials purchased in the place of business or brought in for such purpose unless the licensee is also currently licensed as a club or drinking establishment pursuant to the club and drinking establishment act;

(k)   No licensee shall permit a person under the legal age for consumption of enhanced cereal malt beverage in or about a place of business and no licensee shall permit a person under the legal age for consumption of enhanced cereal malt beverage to possess enhanced cereal malt beverage in or about a place of business, except that a licensee's employee who is not less than 18 years of age may dispense or sell enhanced cereal malt beverage if:

(1)   The licensee's place of business is licensed only to sell enhanced cereal malt beverage at retail in original and unopened containers and not for consumption on the premises; or

(2)   The licensee's place of business is a licensed food establishment, and not less than fifty percent (50%) of the gross receipts from the licensee's place of business is derived from the sale of food for consumption on the premises of the licensed place of business.

(Ord. 661, Ord. 841; Code 2016; Ord. 1088; Ord. 1121)

It shall be the duty of every person to observe the following regulations. Noncompliance constitutes a code violation.

(a)   No person under the age of 21 shall purchase, consume or attempt to purchase consume or possess any enhanced cereal malt beverage in any licensed place of business.

(b)   No person shall have any alcoholic liquor in his or her possession while in the place of business, unless the premises are currently licensed under a license issued by the State Director of Alcoholic Beverage Control

(c)   No person under the age of 21 shall consume or be served alcoholic liquor and a sign so stating shall be prominently posted in all such places;

(d)   No person shall remove or carry out from the licensee's place of business, any open container of enhanced cereal malt beverage, except to the extent that "to-go" service is permitted under Kansas law, and a sign so stating shall be prominently posted in all such places of business.

(Ord. 661, Sec. 2; Code 2016; Ord. 1088; Ord. 1121)

The following conduct by an enhanced cereal malt beverage licensee, manager or employee of any licensed enhanced cereal malt beverage establishment is deemed contrary to public welfare and is prohibited:

(a)   Remaining or permitting any person to remain in or upon the premises who exposes to view any portion of males/females' pubic hair, anus, buttocks or genitals;

(b)   Permitting any employee on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any other employee or any patron;

(c)   Encouraging or permitting any patron on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva, or genitals of any employee;

(d)   Performing, or permitting any person to perform, on the licensed premises acts of or acts which simulate:

(1)   Sexual intercourse, masturbation, sodomy, or any other sexual act which is prohibited by law; or,

(2)   Touching, caressing or fondling such persons' breasts, buttocks, anus or genitals.

(e)   Using, or permitting any person to use, on the licensed premises, any artificial devices or inanimate objects to depict any of the acts prohibited by paragraph (d) of this section;

(f)    Showing, or permitting any person to show, on the licensed premises any motion picture, film, photograph, electronic reproduction, or other visual reproduction depicting:

(1)   Acts or simulated acts of sexual intercourse, masturbation, sodomy, or any sexual act which is prohibited by law;

(2)   The touching, caressing or fondling of the buttocks, anus, genitals or the female breasts;

(3)   Scenes in which a person displays the buttocks, anus, genitals or the female breasts.

(g)   As used in this section, the term "premises" means the premises licensed by the city as an enhanced cereal malt beverage establishment and such other areas, under the control of the licensee or his or her employee or employees, that are in such close proximity to the licensed premises that activities and conduct of persons within such other areas may be viewed by persons on or within the licensed premises.

(Code 1985; Ord. 1088; Ord. 1121)

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 1985; Ord. 1088)

(a)   It shall be unlawful for any person under the minimum age established by state law for the consumption of enhanced cereal malt beverage to remain on any premises where the sale of enhanced cereal malt beverages is licensed for on-premises consumption.

(b)   This section shall not apply if the person under such lawful 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 fifty percent (50%) of its gross receipts in each calendar year from the sale of enhanced cereal malt beverages for on premises consumption.

(Code 1985; Ord. 1088)