It shall be unlawful for a retailer of alcoholic liquor to:

(a)   Permit any person to mix drinks in or on the licensed premises unless the person is preparing or mixing samples for the purposes of conducting wine, beer, or distilled spirit tastings, or any combination thereof, as authorized by K.S.A. 41-308d, and amendments thereto;

(b)   Employ any person under the age of 21 years in connection with the operation of the retail establishment;

(c)   Employ any person in connection with the operation of the retail establishment who has been adjudged guilty of a felony;

(d)   Permit any gambling in or on the premises; or

(e)   Have in his or her possession for sale at retail any bottles, cask, or other containers containing alcoholic liquor, except in the original package; or

(f)    Sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person under 21 years of age.

(Code 2016; Ord. 1088)

(a)   No person shall sell at retail any alcoholic liquor in the original package:

(1)   On Easter Sunday, Thanksgiving Day, or Christmas Day;

(2)   On all other Sundays, before 9:00 a.m. or after 8:00 p.m.;

(3)   Before 9:00 a.m. or after 11:00 p.m. on any other day when the sale is permitted.

(b)   Enhanced cereal malt beverages may be sold on premises licensed for the retail sale of enhanced cereal malt beverages for consumption off the premises at any time when alcoholic liquor is allowed by law to be served on the premises.

(Ord. 1088; Ord. 1121)

(a)   Retail alcoholic liquor may not be sold on premises which are located in areas not zoned for such purpose, or if the premises does not comply with other city laws, including building and health codes.

(b)   Retail alcoholic liquor may not be sold 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. 41-710; Code 2016; Ord. 1088)