CHAPTER III. BEVERAGESCHAPTER III. BEVERAGES\ARTICLE 2. CEREAL MALT BEVERAGES

ARTICLE 2. CEREAL MALT BEVERAGES

As used in this Article, the words and phrases herein defined shall have the following meaning unless the context otherwise requires:

(a)   “CEREAL MALT BEVERAGE” means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor which is more than 3.2% alcohol by weight;

(b)   “DIRECTOR”           means the Director of Alcoholic Beverage Control of the Department of Revenue;

(c)   “PERSON” means any individual, firm, partnership, corporation or association;

(d)   “RETAILER” means any person who sells or offers for sale any cereal malt beverage for use or consumption and not for resale in any form;

(e)   “MANUFACTURER” means a manufacturer as defined by K.S.A. 41-102 and amendments thereto;

(f)   “PLACE OF BUSINESS” means any place at which cereal malt beverages are sold;

(g)   “DISTRIBUTOR” means a beer distributor licensed pursuant to the Kansas Liquor Control Act.

(h)   “LEGAL AGE FOR CONSUMPTION OF CEREAL MALT BEVERAGE” means 21 years of age, except that “LEGAL AGE FOR CONSUMPTION OF CEREAL MALT BEVERAGE” shall mean 18 years of age if at any time the provisions of P.L. 98-363 penalizing states for permitting persons under 21 years of age to consume cereal malt beverage are repealed or otherwise invalidated or nullified.

(Ord. 789; Code 2015)

(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.

(Ord. 789; Code 2015)

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, 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 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 ad judged 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;

The application shall be accompanied by a statement, signed by the applicant, authorizing any governmental agency to provide the city with any information pertinent to the application. One copy of such application shall immediately be transmitted to the City Council for investigation of the applicant. The city may investigate such applicant to determine whether he or she is qualified as a licensee under the provisions of this article.

The application shall be scheduled for consideration by the governing body at the earliest meeting consistent with current notification requirements.

(Ord. 789; Code 2015)

(a)   All applications for a new or renewed cereal malt beverage license shall           be submitted to the City Clerk for consideration at a meeting of the City Council.

(b)   The City Clerk shall notify the holder of an existing license 30 days in advance of its expiration.

(c)   The City Clerk shall provide copies of all applications to the City Council. The City Council may cause a records check to be run on applicants.

(d)   An applicant who does not hold a cereal malt beverage license in the city shall attend the governing body meeting when the application for a new license will be considered.

(Ord. 789; Code 2015)

(a)   The journal of the governing body meeting 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.

(Ord. 789; Code 2015)

Each license shall be posted in a conspicuous place in the place of business for which the license is issued.

(Ord. 789; Code 2015)

No license shall be issued to:

(a)   A person who has not been a resident in good faith of the State of Kansas for at least one year immediately preceding application and a resident of Chase County for at least six months prior to filing such application.

(b)   A person who is not a citizen of the United States.

(c)   A corporation unless the corporation is a Kansas corporation which has lawfully existed for at least one year immediately preceding application or a corporation that has not operated the place of business to be licensed within Chase County for at least six (6) months prior to the filing of the application for license.

(d)   A person who is not of good character and reputation in the community in which he or she resides.

(e)   A person who within two (2) years immediately preceding the date of application has been convicted of a felony or any crime involving moral turpitude, or has been ad judged 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.

(f)   A partnership, unless one of the partners is a resident of the county in which the licensed premises is located and all members of the partnership shall otherwise be 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 percent 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.

(h)   A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee.

(i)    A person whose spouse would be ineligible to receive a retailer’s license for any reason other than citizenship, retailer residence requirements or age, except that this subjection (i) shall not apply in determining eligibility for a renewal license.

(Ord. 789; Code 2015)

The license fees shall be as follows:

(a)   General Retailer -- for each place of business selling cereal malt beverages at retail for consumption on the premises and in original and unopened containers not for consumption on the premises, $75.00 per calendar year.

(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, $50.00 per calendar year.

The 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.

(Ord. 789; Code 2015)

The governing body, upon five days written notice to a person holding a license to sell cereal malt beverages, may permanently revoke or cause to be suspended such license for a period of not more than 30 days for any 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 this article or has become ineligible to obtain a license under this article.

(c)   Drunkenness of the licensee or permitting any intoxicated person to remain in the licensee’s place of business.

(d)   The sale of cereal malt beverages to any person under the legal age for consumption;

(e)   For permitting any gambling in or upon any premises licensed under this article;

(f)   For permitting any person to mix drinks with materials purchased in any premises licensed under this article or brought into the premises for this purpose;

(g)   For the employment of any person for the purpose of dispensing cereal malt beverages under the age established by the State of Kansas for employment involving dispensing cereal malt beverages;

(h)   For the employment of persons adjudged guilty of a felony or of a violation of any law relating to intoxicating liquor;

(i)    For the sale or possession of, or for permitting the use or consumption of alcoholic liquor within or upon any premise licensed under this article;

(j)    The nonpayment of any license fees;

(k)   If the licensee has become ineligible to obtain a license under any alcoholic liquor, private club, or drinking establishment ordinance of the city;

(l)    The provisions of subsection (f) and (i) shall not apply if such place of business is also currently licensed as a private club or drinking establishment.

(Ord. 789; Code 2015)

The licensee, within 20 days after the order of the governing body revoking any license, may appeal to the District Court of Chase County and the District Court shall proceed to hear such appeal as though such Court had original jurisdiction in the matter. Any appeal taken under this section shall not suspend the Order of revocation of the license of any licensee, nor shall any new license be issued to such person or any person acting for or on his or her behalf, for a period of six months thereafter.

(Ord. 789; Code 2015)

If a licensee desires to change the location of his or her place of business, he or she shall make an 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 $25.00. 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.

(Ord. 789; Code 2015)

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 State of Kansas authorizing such sales.

(Ord. 789; Code 2015)

It shall be the duty of every licensee to observe the following regulations.

(a)   Except as provided by subsection (b) and (j), no cereal malt beverages may be sold or dispensed between the hours of 12:00 midnight and 6:00 a.m., or on Sunday, or on the day of any national, state, county or city election, including primary elections, during the hours the polls are open, within the political area in which such election is being held. Closing hours for clubs shall conform to K.S.A. 41-2614 and any amendments thereto.

No cereal malt beverage shall be consumed upon the premises of a place of business licensed to sell cereal malt beverage between the hours of 12:30 a.m. and 6:00 a.m. on Tuesday through Friday, between the hours of 1:00 a.m. and 6:00 a.m. on Saturday; between and hours of 1:00 a.m. Sunday and 6:00 a.m. on Monday; or on the day of any national, state or city election, including primary elections, during the hours the polls are open within the political area in which such election is held.

(b)   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 as a club or drinking establishment by the State of Kansas.

(c)   The place of business shall be open to the public and to law enforcement at all times during business hours, except that premises licensed as a club under a license issued by the State of Kansas shall be open to law enforcement and not to the public.

(d)   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.

(e)   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.

(f)   No licensee 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.

(g)   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.

(h)   No licensee or agent or employee of the licensee shall permit any person to mix alcoholic drinks with materials purchased in said place of business or brought in for such purpose.

(i)    No licensee shall employ any person who has been judged guilty of a felony.

(j)    The sale at retail of cereal malt beverage in the original package is allowed within the City of Cottonwood Falls, Kansas, on any Sunday, except Easter, between the hours of 12:00 p.m. and 8:00 p.m.

(Ord. 789; Ord. 882; Code 2015)

No person while upon a public street, alley, or sidewalk, to which the general public has access, shall drink or consume any cereal malt beverage or have any cereal malt beverage in his or her possession except in the original and unopened containers.

(Ord. 789; Code 2015)

(a)   No person shall consume any cereal malt beverage while operating any vehicle upon any street or highway.

(b)   Any person, convicted for violating the provisions of this section shall be punished by a fine of not less than fifty dollars ($50.00) or more than two hundred dollars ($200.00), or by imprisonment for not more than three (3) months, or both.

(Ord. 789; Code 2015)

(a)   No person under the legal age for consumption of cereal malt beverage shall possess, consume, obtain, purchase or attempt to obtain or purchase cereal malt beverage except as authorized by law.

(b)   Violation of this section by a person 18 or more years of age but less than the legal age for consumption of cereal malt beverage is a misdemeanor punishable by a fine of not less than $100 nor more than $250. In addition to such fine, the court may order the offender to perform 40 hours of public service.

(c)   Any person less than 18 years of age who violates this section is a juvenile offender under the Kansas Juvenile Offenders Code.

(d)   This section shall not apply to the possession and consumption of cereal malt beverage by a person under the legal age for consumption of cereal malt beverage when such possession and consumption is permitted and supervised, and such beverage is furnished, by the person’ s parent or legal guardian.

(Ord. 789; Code 2015)

Any person violating any of the provisions of this article for which a penalty is not otherwise provided, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding two hundred dollars ($200.00) or by imprisonment for not exceeding three (3) months, or by both such fine and imprisonment.

(Ord. 789; Code 2015)