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HomeMy WebLinkAboutOrd 0315 ORDINANCE NO. 315 CITY OF MISSION, KANSAS AN ORDINANCE PROVIDING FOR THE LICENSING OF PLACES OF BUSINESS WHICH SELL CEREAL MALT BEVERAGES AND ESTABLISHING RULES AND REGULATIONS FOR THE CONDUCT OF SUCH BUSINESS: PROHIBITING PATRONS OF SUCH BUSINESSES FROM COMMITTING CERTAIN ACTS: AND REPEALING ORDINANCE NO. 5 AND ORDINANCE NO. 6. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MISSION, KANSAS: Section 1. DEFINITIONS A. CEREAL MALT BEVERAGES shall include any fermented but undistilled liquor brewed or made from malt or from a mixture of malt and /or malt substitute but shall not include any such liquor which contains more than three and two- tenths per cent (3.2 of alcohol by weight. B. GENERAL RETAILER is a license who has a license to v.4 retail cereal malt beverages for consumption on premise C. LICENSEE is a person who has a license as herein required. 17 D. PERSON shall include individuals, firms, co- partnerships, corporations and associations. E. PLACE OF BUSINESS shall mean any place at which cereal malt beverages are sold. F. RETAILER FOR CONSUMPTION OFF PREMISES is a licensee who has a license to sell at retail cereal malt beverages in original and unopened containers and not for consumption on the premises. G. SALE AT RETAIL AND RETAIL SALE mean sales for use or con- sumption and not for resale in any form. H. WHOLESALER OR DISTRIBUTOR shall mean individuals, firms, co- partnerships, corporations and associations which sell or offer for sale any beverage referred to in this ordinance, to persons, co =partnerships, corporations and associations authorized by this ordinance to sell cereal malt beverages at retail. Section 2. RETAILERS TO BE LICENSED: SCOPE OF LICENSES. No person shall sell any cereal malt beverage at retail without /O first having secured a license for each place of business which such e person desires to operate within the corporate limits of the city, as herein provided and a person having only a license to sell at retail 344 cereal malt beverages as a retailer for consumption off the premises as designated in this article shall not sell any such beverage in any Ordinance No. 315 rill other manner, and a person having only a license to sell cereal malt beverages as a general retailer shall not sell any such beverage in any other manner than that covered by such license; Provided, that a general retailer may also secure a license as a retailer for consumption off the premises on complying with the requirements of this article and securing an additional license as a retailer for consumption off the premises. Section 3. RETAIL LICENSE FEE ESTABLISHED. There are hereby prescribed retail license fees as follows: A. GENERAL RETAILER for each place of business, one hundred dollars ($100.00) per calendar year. B. RETAILER FOR CONSUMPTION OFF THE PREMISES for each place of business, fifty dollars ($50.00) per calendar year. Section 4. PARTIAL FEES PROHIBITED: RETAIL LICENSE FOR PART OF YEAR. The full amount of the retail license fee shall be required re- gardless of the time of the year in which the application for a license hereunder 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. Section 5. APPLICATION FOR RETAIL LICENSE REQUIRED. Any person desiring a retail license shall make application to the governing body of the city and accompany the application with 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 such information as the governing body of the city may require which shall include the following: A. The name and residence of the applicant and how long he 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. A statement that the applicant is a citizen of the United States and not less than twenty -one (21) years of age and that he has not within two (2) 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 or of the United States. Ordinance No. 315 ri Each such application, in case the applicant is a corporation, shall be accompanied by affidavits executed by each officer, director, and stockholder owning in the aggregate more than twenty -five per cent (25%) of the corporation's stock, and of the manager of such business, containing the same information as hereinabove required of an indi- vidual applicant, and in case the applicant is a partnership, firm or association, the applicant shall be accompanied by affidavits duly executed by each member of such firm, co- partnership or association, and of the manager of such business, containing the same information. Section 6. EXAMINATION, INVESTIGATION OF APPLICATION FOR RETAIL LICENSE. If the application for a retail license is in proper form and accompanied by cash in the amount of the license fee and the re- quired affidavits, the governing body of the city shall examine the application and affidavits, and after such examination, the governing body of the city shall refer such application to the chief of police for further investigation and report if they deem such additional in- vestigation necessary. Section 7. ISSUANCE OF RETAIL LICENSE. If the governing body with or without such investigation of the chief of police shall find the applicant to be qualified as provided rin by law, the governing body shall authorize a license to the applicant and direct the city clerk to issue a retail license to the applicant. Section 8. PERSONS NOT ENTITLED TO RETAIL LICENSE. No retail license required by this article shall be issued to: A. A person who is not a resident of the city or county and who has not been a resident in good faith of the State of Kansas for at least one year prior to said application; A person who is not of good character and reputation in the community in he resides; C. A person who is not a citizen of the United States; D. A person who within two (2) years immediately preceding the date of making application has 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 or of the United States; E. A co- partnership, unless one of the co- partners is a resident of the city or county and unless all the members of such co- partnership shall otherwise be qualified to obtain a license; L Ordinance No. 315 F. A corporation, if any manager, officer or director thereof rum or any stockholder owning in the aggregate more than twenty five per cent (25%) of the stock of such corporation, would be ineligible to receive a license hereunder for any reason other than nonresidence within the city or county; G. A person whose place of business is conducted by a manager or agent unless said manager or agent possesses the same qualifications required by the licensee. Section 9. RETAIL LICENSE PROHIBITED IN PROHIBITED ZONE. No retail license shall be issued for a place of business unless such place of business is authorized for such use under the zoning ordinance of the city. Section 10. JOURNAL TO SHOW ACTION ON RETAIL LICENSE APPLICATION. The journal of the governing body shall show the action taken on an application for a retail license hereunder. Section 11. TRANSFERABILITY OF RETAIL LICENSE. r 4 The retail license required by this ordinance shall not be trans- ferable under any circumstances from one person to another or to any A1,v,• firm, co- partnership or association containing members not included the membership of the original applicant and such license shall 11 not be transferable by the same licensee from one location to another without consent of the governing body of the city and upon such con- ditions as such governing body may prescribe. I Section 12. RETAIL LICENSE TO BE POSTED. The retail license required by this article shall be kept posted in a conspicuous place in the place of business. ection 13. CONTENTS OF RETAIL LICENSE. The license shall state the name of the licensee, the location of the place of business for which the license is issued and the calendar year for which it is issued, and that it is subject to revocation in the manner provided by law. Section 14. HOURS, DAYS SALES AND CONSUMPTION PROHIBITED. No cereal malt beverages may be sold, or may be consumed in any place open to the public between the hours of 12:00 midnight and 6:00 a.m. on any day or at any time on Sunday or on the day of any national, state, county, or local elections including primary elections, during the hours the polls are open, within the political area in which such election is held. Ordinance No. 315 !I" Section 15. CONSUMING IN PUBLIC PLACES. Within the corporate limits of the city it shall be unlawful for any person to drink or consume cereal malt beverages or have in his possession any opened container of cereal malt beverage upon the public streets, alleys, roads or highways, or upon property owned by the state, the city or any governmental sub- division thereof, or inside any vehicle while upon the public streets, alleys, roads or highways. Section 16. PRIVATE ROOMS, CLOSED BOOTHS PROHIBITED. No private rooms or closed booths shall be operated in a place of business selling cereal malt beverages, but this provision shall not apply if the licensed premises are also currently licensed as a club. Section 17. PLACE OF BUSINESS TO BE OPEN TO PUBLIC AND POLICE. A place of business where cereal malt beverages are sold shall be open to the public and to the police at all times during business hours, except that a premises licensed as a club shall be open to the police and not the public. Section 18. CURB SERVICE PROHIBITED. Ini No cereal malt beverage shall be served to any person in any automobile around or about such place of business. Section 19. POSSESSING ALCOHOLIC LIQUOR ON PREMISES. No person shall have any alcoholic liquor in his possession while in a place of business where cereal malt beverages are sold unless the premises are currently licensed as a club. Section 20. FURNISHING TO MINOR UNDER 18. No person shall knowingly or unknowingly sell, give away, dispose of, exchange and deliver, or permit the sale, giving away, or pro- curing of any cereal malt beverage for or to any person below the age of eighteen (18) years. Section 21. MISREPRESENTING AGE. f No person under the age of eighteen (18) years shall represent that he is of the agecof eighteen (18) years or over for the purpose of asking for, purchasing, or obtaining by any means any cereal malt beverage from any person whatsoever. Ordinance No. 315 r Section 22. LOITERING BY PERSONS UNDER 18. No person under the age of eighteen (18) years shall enter into or loiter about any place of business selling cereal malt beverages; Poovided, that such restriction shall not apply to the premises of a retailer who sells cereal malt beverages for consumption off his premises only, or to places where the major income is from the sale of food for consumption on the premises. Section 23. REVOCATION OF LICENSES AUTHORIZED; NOTICE; GROUNDS. The governing body of the city, upon five (5) days' notice to persons holding any such license, shall revoke such licenses for any one of the following reasons: A. If a licensee has fraudulently obtained the license by giving false information in the application therefor. B. If the licensee has violated any of the provisions of K.S.A. Chapter 41, Article 27, or of this ordinance or any other ordinance of the city prescribing rules or regulations relating to cereal malt beverages as herein defined. C. If the licensee has become ineligible to obtain a license. D. Drunkenness of the person holding such license or permitting an intoxicated person to remain in such place. E. The sale of cereal malt beverages to those under the age of eighteen (18) years. F. The nonpayment of any license fees. G. For permitting any gambling in or upon such premises. H. For permitting any person to mix drinks with materials pur- chased in said place of business or brought in for this purpose, provided that this provision shall not apply if such place of business or premises are also currently licensed as a club. I. For the employment of persons under eighteen (18) years of age in dispensing cereal malt beverages. J. For the employment of persons who have been adjudged guilty of felony or of any violation of the intoxicating liquor law. K. For purchasing or displaying a federal retail liquor tax stamp, expiring after June 30, 1937, issued by the•United States Treasury Department, except where issued for industrial, mechanical, scientific and medicinal purposes. L. If any licensee whose principal business is the sale of cereal malt beverages or "tap beer" shall permit any person or persons Ordinance No. 315 under the age of eighteen (18) years to enter into or loiter about his place of business. M. For the sale or possession of or for permitting any person to use or consume upon or in said premises alcoholic liquor as defined by the laws of the State of Kansas relating thereto, provided that this provision shall not apply if such place of business or premises are also currently licensed as a club. Section 24. COMMITTING ACT THAT IS GROUNDS FOR REVOCATION PROHIBITED. It is hereby made unlawful for any person to commit any act which is made a cause for the revocation of any license. Section 25. APPEAL FROM REVOCATION. Within twenty (20) days after the order of the governing body revoking any license, the licensee may appeal to the district court of the county in the manner as now provided by law in appeals from the probate court; Provided, that any appeal taken from an order revoking any such license shall not suspend the order of revocation during the pendency of the appeal. Section 26. RE- LICENSING AFTER REVOCATION. In case of the revocation of the license of any licensee, no new license shall be issued to such person or persons acting for or on his behalf, for a period of six (6) months thereafter, unless the order of revocation shall be set aside by the district court of the county on appeal. Section 27. SAMPLES FOR ANALYSIS. Every licensee shall, upon demand of any police officer or any other officer of the city, furnish to any such officer without com- pensation at least two (2) samples of each and every kind or character of beverage which is in the possession of any such licensee in any such place of business for the purpose of examining and testing the same. Section 28. LOCATION, VISIBILITY OF PREMISES: DANCING PROHIBITED. No general retailer's license hereunder shall be issued for any place of business in the city except for a room on the first or street floor of the premises or building in which such licensed place of business is located, which room shall have a clear glass window, through which the entire room or rooms in which any such place is conducted shall be at all times visible from the street upon which such room fronts, and no screen, curtain, sign or other obstruction of any kind shall be so placed in or adjacent to such Ordinance No. 315 window so as to prevent the clear and unobstructed view of such premises from such street, and no dancing shall be permitted in ri any such place of business: Provided, that the provisions hereof relating to conduct of such business on the street floor and the maintenance of curtains, screens or other obstructions, and dancing, shall not apply to any place conducted under a license issued to any bona fide membership and which at the date this article takes effect is duly organized, authorized, chartered and operated for lodge and fraternal purposes, and as a bona fide lodge or fraternal organization under the laws of this state or any other state or to any duly licensed club. Section 29. INSPECTION OF PREMISES. All premises where any business is conducted under any license issued pursuant to this article shall be open for inspection by police officers of the city at all times, and every person to whom any such license is issued and every employee of such person shall disclose to any officer of the city, upon demand, all infor- mation relating to the source of supply of the beverage sold by him or in his possession, when and from whom the same was purchased and any other information pertaining to the same which may be re- quired by any such officer. Section 30. INTOXICATION AND DISORDERLY CONDUCT. No licensee shall sell or use or give away or permit the sale or use or giving away within or upon such licensed premises by any person, of any intoxicating liquor of any kind, nor shall such licensee permit any intoxicated person to be or remain upon any such licensed premises, or permit any disorderly conduct in such premises, at any time, and the presence of any intoxicated person in or upon any such licensed premises, or the existence of any disorderly conduct by any persons in or upon said premises, at any time, shall be deemed to be conclusive evidence that such in- toxicated person is there, or that such disorderly conduct exists, with permission of such licensee. Section 31. LICENSE APPLICATION CONSTITUTES ACCEPTANCE OF REGULATIONS. Every person shall by his application for a license under this ordinance and by the acceptance thereof when issued, be deemed to have specifically agreed to abide by and to be bound by all of the rules, regulations and provisions set forth in this ordinance and by all other ordinances relating to and regulating any such business and the manner of sale of any such beverages. Section 32. LICENSEE RESPONSIBLE FOR ACTS OF EMPLOYEES. Every person to whom any license is issued under this article shall be responsible for the acts and conduct of all persons engaged in managing, conducting or carrying on such licensed business and for the acts and conduct of all employees engaged in carrying on such business and the violation by any such person shall be deemed the act of the licensee for all of the purposes of this ordinance. Ordinance No. 315 174 Section 33. GENERAL CLEANLINESS AND SANITATION. Every place of business licensed under this ordinance and all equipment used in connection with the sale of cereal malt beverages and all persons employed in such places of business shall be kept in a clean and sanitary condition and no person shall be employed in or about such business place who is not in good health or who is af- flicted with or suffering from any infectious or contagious disease. Section 34. RELATIONSHIP OF RETAILER TO MANUFACTURER, DISTRIBUTOR, WHOLESALER. No manufacturer, distributor, agent or wholesaler shall, directly or indirectly, sell, supply, furnish, give or pay for, or loan or lease, any furnishings, fixture or equipment on the premises of a place of business of a licensee authorized under this article to sell cereal malt beverages at retail, nor shall he, directly or in- directly, pay for any such license, or advance, furnish, lend or give money for payment of such license, or purchase or become the owner of any note, mortgage or other evidence of indebtedness of such licensee or any form of security therefor, nor shall such manufacturer, distributor or wholesaler, directly or indirectly, be interested in the ownership, conduct or operation of the business of any such licensee nor shall any manufacturer, distributor or whole- saler be interested, directly or indirectly, or as owner or part owner of said premises or as lessee or lessor thereof, in any premises upon which cereal malt beverages are sold at retail. No manufacturer, distributor or wholesaler, shall, directly or indirectly, or through a subsidiary or affiliate or by any officer, director, or member or firm of such manu- facturer, distributor or wholesaler, furnish, give, lend or rent any interior decorations other than signs, costing in the aggregate more than one hundred dollars ($100.00) in any one calendar year for use in or about or in connection with any one establishment on which products of the manu- facturer, distributor or wholesaler are sold. No person engaged in the business of manufacturing, distribution 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. 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 ordinance. No wholesaler or distributor shall sell any cereal malt beverage to any person who has not secured a license as provided for in the article. Section 35. WHOLESALERS, DISTRIBUTORS TO BE LICENSED BY STATE. It shall be unlawful for any wholesaler and /or distributor, his or its agents or employees, to sell and /or deliver cereal malt beverages within this city to persons authorized under this article to sell the same within the city unless such wholesaler and /or distributor has first secured a license from the director of revenue of the State of r il Kansas authorizing such sales. Ordinance No. 315 17 Section 36. REPEAL OF ORDINANCES. Ordinance No. 5 and Ordinance No. 6 of the City of Mission are hereby repealed. Section 37. PENALTY. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment in the county jail for not more than ninety (90) days, or both. Section 38. INVALIDITY IN PART. Should any section, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of this ordinance shall not be thereby affected. This ordinance shall take effect and be in force from and after publication in the official city newspaper. r PASSED AND APPROVED this 14th day of June, 1967. A se' ,e -7..... g e P g,,,,,„6,, George D. Anderson, Mayor ATTEST: Dorothy N. Beaver, City Clerk 4 (S E A L) r