HomeMy WebLinkAboutOrd 1351SECTION 600.010: DEFINITIONS.
ORDINANCE NO. 1351
AN ORDINANCE AMENDING SECTION 600.010, 600.160, 600.170, 600.171,
600.340, 600.360, 600.370, 600.430 OF THE CODE OF THE CITY OF MISSION,
KANSAS RELATING TO ALCOHOLIC BEVERAGES.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF
THE CITY OF MISSION, KANSAS AS FOLLOWS:
Section 1. The following is added to Section 610.010 of the Code of the City of
Mission:
Temporary Cereal Malt Beverage Permit: A permit issued in
accordance with the laws of the State of Kansas and the ordinances
of the City of Mission which allows the permit holder to sell cereal
malt beverages for a period of time not to exceed seventy -two (72)
hours as specified in the application and permit.
Section 2. Section 600.160 is amended as follows:
SECTION 600.160: LICENSE /PERMIT REQUIRED
It shall be unlawful for any person to sell any cereal malt
beverages (CMB) within the corporate limits of this City without
having in his possession a valid CMB retailer's business license
issued by the City for each place of business at which such
retail sales are made, or a valid special event retailer's permit
issued pursuant to Section 600.171. There are two types of
CMB retailer's business licenses that may be issued pursuant to
this Article: (1) an on- premises CMB license, which allows for
consumption of CMB on the licensed premises; and (2) an off
premises CMB license, which allows for consumption off the
licensed premises. It shall be unlawful for any person holding a
license for the sale at retail of cereal malt beverages to sell such
beverages in any other manner than is provided for with such
license or by law.
Section 3. Section 600.171 is added as follows:
SECTION 600.171: SPECIAL EVENT RETAILER'S PERMIT
A. Permit Authorized: Any person desiring to secure a special
event retailer's permit shall submit a verified application to the
City. A special event retailer's permit shall allow the permit
holder to offer for sale, sell and serve cereal malt beverages for
consumption on premises not otherwise permitted under the
Kansas Cereal Malt Beverage Act, and which may be open to the
public, subject to the following:
1. A special event retailer's permit shall specify the premises
for which the permit is issued;
2. A special event retailer's permit shall be issued for the
duration of the special event, the dates and hours of which
shall be specified in the permit.
3. No more than four special event retailer's permits may be
issued to any one applicant in a calendar year; and
4. A special event retailer's permit shall not be transferable or
assignable.
13. Application for Permit. Any person desiring to obtain a special
event retailer's permit shall submit an application, in writing, to the
City. The application shall be on a form prepared by the Attorney
General and shall contain all the information requested thereon. In
addition, the applicant must provide the City with all investigations
required pursuant to Section 600.200.
C. Approval; Denial. If the application is in proper form,
accompanied by the permit fee and all other necessary information,
and if after examination City staff determines the applicant meets
the requirements, the application shall be placed on the next
available Governing Body agenda for approval.
D. Permit Fees. The fee for a special event retailer's permit shall
be as provided by the fee schedule set out in Chapter 103, Section
103.030, said fees are payable upon the City's receipt of the
application for said permit.
E. Term of Permit, Contents. Any special event retailer's permit
issued hereunder shall be valid for a period not to exceed seventy
two (72) hours.
F. Compliance with Provisions. It shall be unlawful for any
person granted a special event retailer's permit to sell anything
other than cereal malt beverages or to sell at any time or place
other than the time and place as specified in the application and
temporary permit.
H. Revocation. A special event retailer's permit issued pursuant
to this Section may be immediately revoked by the City if there
is probable cause to believe that there has been a violation of any
applicable local, state or federal law by the permitee, or a violation
of a special event or special use permit issued by the City, if any.
Section 4. SECTION 600.340 (B) is amended as follows:
SECTION 600.340: OCCUPATION TAX UPON RETAILERS
B. The application for retail liquor occupation license shall be
accompanied by a license fee as provided by the fee schedule set
out in Chapter 103, Section 103.030, and shall be verified. Upon
receipt of the fee and application in correct form, the City Clerk
shall issue a receipt- occupation license for the period covered by
the State license.
Section 5. SECTION 600.360 is amended as follows:
SECTION 600.360: APPLICATION FOR LICENSE
Application for a private club license shall be upon forms
furnished by the City and shall be filed with the City Clerk.
Section 6. SECTION 600.370 (A) is amended as follows:
SECTION 600.370: LICENSE FEE; TERM
A. There is hereby levied a license fee as provided in Chapter 103,
Section 103.030 on each private club location in the City which
has a license issued by the State Director of Alcoholic Beverage
Control, which fee shall be paid before business is commenced
under an original State license and within five (5) days after any
renewal of a State license.
Section 7. SECTION 600.430 (A) is amended as follows:
SECTION 600.430: LICENSE FEE
A. There is hereby levied a license fee as provided in Chapter 103,
Section 103.030, on each drinking establishment located in the
City which has a drinking establishment license issued by the State
Director of Alcoholic Beverage Control, which fee shall be paid
before business is begun under an original State license and within
five (5) days after any renewal of a State license.
Section 8. SECTION 600.460 (A) is amended as follows:
SECTION 600.460: LICENSE FEE
A. There is hereby levied a license fee as provided in Chapter 103,
Section 103.030, on each caterer doing business in the City who
has a caterer's license issued by the State Director of Alcoholic
Beverage Control, which fee shall be paid before business is begun
under an original State license and within five (5) days after any
renewal of a State license.
Section 9. This Ordinance shall take effect and be in full force from and after its
publication in the official City newspaper according to law.
PASSED AND APPROVED by the City Council this 20th day of July 2011.
APPROVED by the Mayor this 20th day of July 2011.
(SEAL)
ATTEST.
Martha M. Sumrall, City Clerk
PREPARED BY:
PAYNE JONES, CHTD.
David K. Martin, City Attorhey
11000 King, Suite 200
P. O. Box 25625
Overland Park, KS 66225 -5625
Tel: (913) 469 -4100
Fax: (913) 469 -8182