(a) It shall be unlawful for any person to sell any cereal malt beverage at retail without a license for each place of business where cereal malt beverages are to be sold at retail.
(b) It shall be unlawful for any person, having a license to sell cereal malt beverages at retail only in the original and unopened containers and not for consumption on the premises, to sell any cereal malt beverage in any other manner.
(K.S.A. 41-2702: Code 1977, 3-102: Code 1985)
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 and how long he or she has resided within the State of Kansas;
(b) The particular place for which a license is desired;
(c) The name of the owner of the premises upon which the place of business is located;
(d) The names and addresses of all persons who hold any financial interest in the particular place of business for which a license is desired;
(e) A statement that the applicant is a citizen of the United States and not less than 21 years of age and that he. or she has not within two years immediately preceding the date of making application been convicted of a felony or any crime involving moral turpitude, or been adjudged guilty of drunkenness, or driving a motor vehicle while under the influence of intoxicating liquor or the violation of any other intoxicating liquor law of any state 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.
(Code 1985; Code 2016)
(a) All applications for a new and renewed cereal malt beverage license shall be submitted to the city clerk 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 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 10 days in advance and been reviewed by the above city departments.
(d) An applicant who has not had a cereal malt beverage license in Eudora shall attend the governing body meeting when the application for a new license will be considered.
(Code 1985; Code 2016)
(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)
Each license shall be posted in a conspicuous place in the place of business for which the license is issued.
No retailer’s license shall be issued to:
(a) 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.
(b) A person who has not been a resident of this state for at least one year immediately preceding application for a retailer’s license.
(c) A person who is not of good character and reputation in the community in which the person resides.
(d) A person who is not a citizen of the United States.
(e) 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 the violation of any other intoxicating liquor law of any state or of the United States.
(f) A partnership, unless all the members of the partnership are otherwise qualified to obtain a license.
(g) 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.
(h) 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.
(i) 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.
(j) A person whose spouse would be ineligible to receive a retailers license for any reason other than citizenship, residence requirements or age, except that this subsection (j) shall not apply in determining eligibility for a renewal license.
(k) 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)
(a) No license shall be issued for the sale at retail of any cereal malt beverage on premises which are located in areas not zoned for such purpose.
(b) It shall be unlawful to sell or dispense at retail any cereal malt beverage at any place within the city limits that is within a 100 foot radius of any church building, school building, or school yard of any building or structure used for polling on the date of any national, state, or local elections during the hours polls are open.
(c) Provisions of this section shall not apply to any establishment holding a private club license issued by the State of Kansas.
(d) The distance limitation of subsection (b) above shall not apply to any establishment holding a cereal malt beverage license issued by the city when the licensee has petitioned for and received a waiver of the distance limitation. The governing body shall grant such a waiver only following public notice and hearing.
(K.S.A. 41-2704; Ord. 661, Sec. 2)
Fees for the following licenses shall be set by resolution of the governing body from time to time:
(a) General Retailer -- for each place of business selling cereal malt beverages at retail.
(b) Limited Retailer -- for each place of business selling only at retail cereal malt beverages in original and unopened containers and not for consumption on the premises. 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.
(K.S.A. 41-2702; Code 1977, 3-103; Code 1985; Code 2016)
(a) The governing body of the city, upon five days written notice to a person holding a license to sell cereal malt beverages, may revoke or suspend the license for anyone of the following reasons:
(1) The licensee has fraudulently obtained the license by giving false information, in the application therefore;
(2) The licensee has violated any of the provisions of this article or of Article 27 of Chapter 41 of the Kansas Statutes Annotated;
(3) The licensee has become ineligible to obtain a cereal malt beverage license under Article 27 of Chapter 451 of the Kansas Statutes Annotated;
(4) Drunkenness of the licensee or permitting any intoxicated person to remain in the licensee’s place of business;
(5) The sale of cereal malt beverages to any person under the legal age for consumption of cereal malt beverage;
(6) The nonpayment of any license fees;
(7) Permitting any gambling in or upon the licensee’s place of business;
(8) Permitting any person to mix drinks with material purchased in the place of business or brought in for that purpose;
(9) The employment of any persons under 18 years of age in dispensing or selling cereal malt beverages;
(10) The employment of persons who have been adjudged guilty within the preceding two years of a felony or of any violation of the intoxicating liquor laws of this state, another state of the United States;
(11) The sale or possession of, or permitting any person to use or consume on the licensed premises, any alcoholic liquor.
(b) The provisions of subsections (a)(8) and (11) shall not apply if the place of business or premises are also currently licensed as a club or drinking establishment pursuant to the club and drinking establishment act.
(K.S.A. 41-2708; Ord. 661, Sec. 2)
(a) Whenever any law enforcement officer has reason to believe that a licensee has violated the provisions of section 3-208(a), that officer 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 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 3-208(a)(1), (3), or (6) is true, may revoke the licensee’s license.
(c) The commission, upon finding that an allegation based upon any other subsection of 3-208(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 10 days;
(2) Upon a licensee’s second violation within a three year period, suspend his or her license for not less than five days or more than two months;
(3) Upon a licensee’s third or subsequent violation within a three year period, suspend his or her license for not less than 30 days or more than six months or may revoke the licensee’s license.
(d) 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)
Within 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)
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.
It shall be unlawful for any wholesaler and/or distributor, his, her or its agents or employees, to sell and/or deliver cereal malt beverages within the city, to persons authorized under this article to sell the same within this city unless such wholesaler and/or distributor has first secured a license from the director of revenue, state commission of revenue and taxation of the State of Kansas authorizing such sales.
(K.S.A. 79-3837; Code 1985)
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) and subsection (l), no cereal malt beverages may be sold or dispensed between the hours of 12:00 midnight and 6:00 a.m., or consumed between the hours of 12:00 a.m. and 6:00 a.m., 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. Closing hours for clubs shall conform to K.S.A. 41-2614 and any amendments thereto;
(d) Cereal malt beverages may be sold at any time alcoholic liquor is allowed by law to be served on premises, which are licensed pursuant to K.S.A. 41-2701 et seq, and licensed by the State Director of Alcoholic Beverage Control;
(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 cereal malt beverage to any person under the legal age for consumption of 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 or agent or employee of the licensee shall employ any person under the legal age for consumption of cereal malt beverage in dispensing cereal malt beverages. No licensee shall employ any person who has been judged guilty of a felony;
(l) The sale at retail of cereal malt beverages in the original package is allowed within the city on any Sunday, except Easter, between the hours of 12:00 noon and 8:00 p.m.
(Ord. 661, Ord. 841; Code 2016)
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 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 cereal malt beverage and a sign so stating shall be prominently posted in all such places of business.
(Ord. 661, Sec. 2; Code 2016)
The following conduct by a cereal malt beverage licensee, manager or employee of any licensed 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 the female breasts below the top of the areola or 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 a 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.
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.
(a) It shall be unlawful for any person under the minimum age established by state law for the consumption of cereal malt beverage to remain on any premises where the sale of 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 50% of its gross receipts in each calendar year from the sale of cereal malt beverages for on premises consumption.
The relationship of retailers to manufacturers, distributors, agents and wholesalers shall be as follows:
(a) No manufacturer distributor, agent or wholesaler, shall, directly or indirectly, sell, supply, furnish, give or pay for, or loan or lease, any furnishings, fixtures or equipment on the premises of a place of business of a licensee authorized under this article to sell cereal malt beverages at retail in the city.
(b) Nor shall he or she, directly or indirectly, pay for any such license, or advance, furnish, lend or give money for payment of such license, or purchase or become owner of any note, mortgage, or other evidence of indebtedness of such license or any form of security therefore, nor shall such manufacturer, distributor, or wholesaler, directly or indirectly, be interested in the ownership, conduct or operation of the business of any such license, nor shall any manufacturer, distributor, or wholesaler be interested, directly or indirectly as owner or part owner of the premises or as a lessee or lessor thereof, in any premises upon which cereal malt beverages are sold at retail.
(c) No manufacturer, distributor, or wholesaler, shall, directly or indirectly, or through a subsidiary or affiliate or by any officer, director or firm of the manufacturer, distributor or wholesaler, furnish, give, lend or rent any interior decorations other than signs, costing in the aggregate more than $100 in anyone calendar year for use in or about or in connection with anyone establishment on which products of the manufacturer, distributor, or wholesaler are sold.
(d) No person engaged in the business or manufacturing, distributing or wholesaling cereal malt beverages shall directly or indirectly pay for, or advance, furnish, or lend money for the payment of any license for another.
(e) Any licensee who shall permit or assent, or be a party in any way to any violation or infringement of the provisions of this section shall be deemed guilty of a violation of this article, and any money loaned contrary to a provision of this article shall not be recovered back, or any note, mortgage, or other evidence of indebtedness, or security, or any lease or contract obtained or made contrary to this article shall be unenforceable and void.
(Code 1977, 3-113)