Chapter 3 · Beverages

Article 3. Alcoholic Liquor

Sections 3-301 to 3-307 · 7 sections

3-301 State license required.

(a)It shall be unlawful for any person to keep for sale, offer for sale or sell any alcoholic liquor as defined by the Kansas Liquor Control Act without first having obtained a state license to do so. (K.S.A. 41-308)

(b)The holder of a license for the retail sale in the City of alcoholic liquors by the package issued by the state director of alcoholic beverage control shall present such license to the City Clerk when applying to pay the occupation tax levied by the City and the tax shall be received and a receipt shall be issued for the period covered by the state license.

(K.S.A. 41-208; Ord. 551; Ord. 663; Code 2022)

3-302 Occupational tax.

There is hereby levied a biennial occupation tax, as listed on the City’s master fee schedule, on any person holding a license issued by the state director of alcoholic beverage control for the retail sale within the city of alcoholic liquors for consumption off the premises. Such tax shall be paid by the retailer to the City Clerk before business is begun under an original state licenses and shall be paid within five days after any renewal of a state license.

(K.S.A. 41-310(l)(1); Ord. 551; Ord. 663; Code 2022)

3-303 Posting of receipt.

Every licensee under this article shall cause the city alcoholic liquor retailer’s occupation tax receipt to be placed in plain view, next to or below the state license in a conspicuous place on the licensed premises.

(Ord. 663; Code 2022)

3-304 Hours of sale.

No person shall sell at retail any alcoholic liquor:

(a)On Sunday before 12:00 noon or after 8:00 p.m.

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

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

(K.S.A. 41-712; Ord. 551; Ord. 663; Ord. 824; Code 2022)

3-305 Business regulations.

(a)Permit any person to mix drinks in or on the licensed premises; K.S.A. 41-713;

(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)Furnish any entertainment in his or her premises or permit any pinball machine or game of skill or chance to be located in or on the premises;

(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;

(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.

(Ord. 663; Code 2022)

3-306 Restrictions on location.

No person shall knowingly or unknowingly sell, give away, furnish, dispose of, procure, exchange or deliver, or permit the selling, giving away, furnishing, disposing of, procuring, exchanging or delivering of any alcohol beverage in any building, structure or premises which are located within 200 feet of any public or parochial school or college or church, except that if any such school, college or church is established within 200 feet of any licensed premises after the premises have been licensed, the premises shall be an eligible location for retail licensing.

(K.S.A. 41-715; Ord. 551; Ord. 647; Ord. 663; Code 2022)

3-307 Penalty.

Any person, firm or corporation violating any of the provisions of this article for which another penalty is not otherwise specifically provided, shall upon conviction thereof, be fined in any sum not exceeding $500, or be imprisoned for not to exceed six months, or be both so fined and imprisoned.

(Ord. 551; Ord. 663; Code 2022)