CHAPTER III. ALCOHOLIC BEVERAGESCHAPTER III. ALCOHOLIC BEVERAGES\ARTICLE 3. CEREAL MALT BEVERAGES

No person, while in or upon a motor vehicle in or about a place of business licensed to sell cereal malt beverages, shall be served any cereal malt beverage for consumption therein or thereon; nor shall any person, while in or upon a motor vehicle located or situated in or about a place of business licensed to sell cereal malt beverages, drink or consume any cereal malt beverage.

(Code 1971, § 3-37)

No person shall, at any time, drink, consume or possess in any open container, any cereal malt beverage while such person is situated on any street, sidewalk, alley, park, cemetery or other public place in the city, except in a place of business licensed by the city for retail sale of cereal malt beverages for consumption on the premises where sold, and except for such areas adjacent to Stanton Field and Kitterman Field in the southeast corner of the Concordia Sports Complex as are designated for the purpose by signage.

(Ord. No. 2011-3014, §§ 1, 2, 5-18-2011)

It shall be unlawful for any persons to have any alcoholic liquor in their possession while in a place of business licensed to sell cereal malt beverages. It shall be unlawful for any holder of a class B cereal malt beverage license to permit any persons to have any alcoholic liquor in their possession while such persons are in the licensed place of business, unless the place of business in a premises then currently licensed as a club or drinking establishment under a license issued by the state director of alcoholic beverage control.

(K.S.A. 41-2704(f); Code 1971, § 3-42)

It shall be unlawful for any holder of a cereal malt beverage license to sell within the city any cereal malt beverage:

(1)   Between the hours of 12:00 midnight and 6:00 a.m.; and

(2)   On Sunday, except in a place of business which is licensed to sell cereal malt beverage for consumption on the premises and which derives not less than 30 percent of its gross receipts from the sale of food for consumption on the licensed premises.

(K.S.A. 41-2704(b); Code 1971, § 3-35)

It shall be unlawful for any person to consume or drink, or for any holder of a cereal malt beverage license to knowingly permit any person to consume or drink, any cereal malt beverage, or to permit such beverage to stand open for consumption on any table or bar in a container, glass or bottle in or about a place of business licensed to sell cereal malt beverages:

(1)   Between the hours of 12:00 midnight and 6:00 a.m.; or

(2)   On Sunday, except in a place of business which is licensed to sell cereal malt beverage for consumption on the premises and which derives not less than 30 percent of its gross receipts from the sale of food for consumption on the licensed premises.

(Code 1971, § 3-36)

All places of business to which a cereal malt beverage license has been issued shall be open to the public and to the police at all times during business hours, except that a premises licensed as a club under a license issued by the state director of alcoholic beverage control shall be open to the police and not to the public.

(K.S.A. 41-2704(d); Code 1971, § 3-34)

No private rooms or closed booths shall be operated in a place of business that sells cereal malt beverages, but this section shall not apply if the licensed premises are also currently licensed as a club pursuant to the Club and Drinking Establishment Act (K.S.A. 41-2701 et seq.).

(K.S.A. 41-2704(c); Code 1971, § 3-33)

It shall be the duty of any person whose place of business licensed under this article is to be conducted by a manager or agent to furnish the name of such manager or agent to the city clerk, together with such information relative to the manager’s or agent’s fitness and eligibility as may be required by the governing body, before permitting such manager or agent to conduct the place of business, and failure to comply with this section shall be grounds for revocation of the license.

(Code 1971, § 3-31)

No cereal malt beverage licensee shall permit a person under the legal age for consumption of cereal malt beverage to consume or purchase any cereal malt beverage in or about a place of business, and no licensee shall permit a person under the legal age for consumption of cereal malt beverage to possess cereal malt beverage in or about a place of business, except that a licensee’s employee who is not less than 18 years of age may dispense or sell cereal malt beverage, if:

(1)   The licensee’s place of business is licensed only to sell cereal malt beverage at retail in original and unopened containers and not for consumption on the premises; or

(2)   The licensee’s place of business is a licensed food service establishment, as defined by K.S.A. 36-501, and not less than 50 percent of the gross receipts from the licensee’s place of business is derived from the sale of food for consumption on the premises of the licensed place of business.

(K.S.A. 41-2704(e); Code 1971, § 3-39)

(a)   No retailer, or employee or agent of a retailer, licensed to sell cereal malt beverage for consumption on the licensed premises shall:

(1)   Offer or serve any free cereal malt beverage to any person;

(2)   Offer or serve to any person a drink at a price that is less than the acquisition cost of the drink to the licensee;

(3)   Sell, offer to sell or serve to any person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the general public;

(4)   Sell, offer to sell or serve any drink to any person at any time at a price less than that charged the general public on that day, except at private functions not open to the general public;

(5)   Increase the size of a drink of cereal malt beverage without increasing proportionately the price regularly charged for the drink on that day;

(6)   Encourage or permit, on the licensed premises, any game or contest which involves drinking cereal malt beverage or the awarding of drinks as prizes; or

(7)   Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections (a)(1) through (a)(6) of this section.

(b)   Nothing in subsection (a) of this section shall be construed to prohibit a retailer from offering free food or entertainment at any time.

(c)   Violation of any provision of this section shall be grounds for suspension or revocation of the retailer’s license as provided by K.S.A. 41-2708.

(d)   Every licensee subject to the provisions of this section shall make available at any time upon request a price list showing the licensee’s current prices for all cereal malt beverages.

(e)   As used in this section, the term “drink” means an individual serving of cereal malt beverage.

(K.S.A. 41-2722; Code 1971, § 3-44)

No person shall sell any cereal malt beverage at retail within the city, unless such person has a current license or permit so to do issued pursuant to this article and chapter 11 of this Code.

(K.S.A. 41-2702 et seq.; Ord. No. 2011-3015, §§ 1, 2, 6-1-2011)

Cereal malt beverage licenses and permits shall be of three kinds as follows:

(1)   Licenses authorizing the holders thereof to sell at retail cereal malt beverages in original and unopened containers, not for consumption on the premises where sold. Such licenses shall be known and designated as class A cereal malt beverage licenses.

(2)   Licenses authorizing the holders thereof to conduct places of business where cereal malt beverages are sold at retail, in original unopened containers, or in lesser amounts, and which may, or may not, be consumed on the premises where sold. Such licenses shall be known and designated as class B cereal malt beverage licenses.

(3)   Permits allowing the permit holder to offer for sale, sell and serve cereal malt beverage for consumption on unpermitted premises, which may be open to the public. Such permits shall be known and designated as special event retailers’ permits, and shall be subject to the following:

a.     A special event retailers’ permit shall specify the premises for which the permit is issued;

b.    A special event retailers’ permit shall be issued for the duration of the special event, the dates and hours of which shall be specified in the permit;

c.     No more than four special event retailers’ permits may be issued to any one applicant in a calendar year; and

d.    A special event retailers’ permit shall not be transferable or assignable.

(Ord. No. 2011-3015, §§ 1, 3, 6-1-2011)

It shall be the duty of any person desiring to obtain a license to sell cereal malt beverages at retail to file a verified application with the city clerk on forms prescribed by the state attorney general, and furnish such information relative to the applicant’s fitness and eligibility as may be required by the governing body. Such application shall be accompanied by the license tax prescribed in section 11-220 of this Code.

(Code 1971, § 3-51)

No cereal malt beverage license shall be issued to:

(1)   A person who is not a resident of the county and has not been a resident of the county for at least six months or has not been a resident in good faith of the state prior to such application.

(2)   A person who is not of good character and reputation in this community.

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

(4)   A person who within two years immediately preceding the date of making such application has been convicted of a felony or any crime involving moral turpitude, or been adjudged guilty of drunkenness, of 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.

(5)   A partnership, unless all of the members of the partnership shall otherwise be qualified to obtain a license.

(6)   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 for any reason other than the citizenship and residency requirements.

(7)   A person whose place of business is conducted by a manager or an agent unless the manager or agent possesses all the qualifications of a licensee.

(8)   A person whose place of business is conducted by a manager or agent unless the manager or agent possesses all the qualifications of a licensee.

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

(10) A person whose spouse has been convicted of a felony or other crime which would disqualify a person from licensure under this section and such felony or other crime was committed during the time that the spouse held a cereal malt beverage license.

(K.S.A. 41-2703; Code 1971, § 3-52; Ord. No. 2001-2799, § 2, 2-21-2001)

No class B cereal malt beverage license shall be granted for a place of business located in a zoning district in which the sale of cereal malt beverages for on-premises consumption is not permitted or for a city park outside of a duly licensed and designated beer garden.

(K.S.A. 41-2704; Code 1971, § 3-54)

All applications for licenses required by this article shall be examined by the governing body, and, if approved, the city clerk shall issue a license.

(Code 1971, § 3-56)

A license issued under this article shall expire on the last day of the calendar year for which it is issued.

(Code 1971, § 3-58)

It shall be the duty of a licensee under this article to exhibit such license in the place of business for which it was issued.

(Code 1971, § 3-57)

Any cereal malt beverage license may be revoked by the governing body, in the manner prescribed by state law, for the violation of or for the failure to comply with any of the terms of this chapter. Likewise, any such license may be revoked for any of the reasons specified by state law. Whenever any such license shall be revoked, neither the licensee nor an agent of the licensee shall be eligible to procure a new license for a period of six months.

(K.S.A. 41-2708; Code 1971, § 3-59)

The governing body has deemed it advisable to allow and to license limited public sale at retail, and consumption on the sale premises, of cereal malt beverages in specific areas of the public parks of the city, and, during community-wide celebrations, on certain other public grounds. Such sale shall be by responsible persons otherwise duly licensed under this Code and shall be allowed for limited periods of time as specifically provided in this chapter.

(Code 1971, § 3-72)

No cereal malt beverage may be sold at retail or consumed in any city park, or on any other public grounds of the city, whether in the central business district or otherwise; provided, however, that a beer garden licensee may use the beer garden designated on the beer garden license for purposes of retail sale, and consumption by adult consumers, of cereal malt beverages on the premises of the beer garden; and provided further that:

(1)   Such sale and consumption shall be limited to the beer garden; and

(2)   The beer garden licensee also has been issued a current valid class B license of the city issued pursuant to section 3-312, designating the beer garden as the sale premises.

(Code 1971, § 3-75)

The beer garden shall not exceed 1,000 square feet in area, shall be contiguous, and shall have its boundaries clearly marked.

(Code 1971, § 3-76)

Nothing contained in this article shall be construed as modifying, amending or repealing by implication any provisions of section 3-125 et seq., except as specifically provided in this article. Nothing contained in this article shall be construed as modifying, amending or repealing by implication any other ordinance or regulation, whether city, state or federal, relating to control of vehicular or pedestrian traffic and parking, zoning or other regulation of cereal malt beverages.

(Code 1971, § 3-80)

(a)   There is hereby created a license, to be denominated a beer garden license. A person to whom the city has issued a current valid beer garden license will be referred to in this section as a beer garden licensee.

(b)   A beer garden license shall designate, specifically, an area in a city park or, alternatively, other public grounds in the central business district in the city, which area shall be used for the purposes of the license, and which area will be referred to in this section as a beer garden.

(c)   No beer garden license shall be issued for premises other than in a city park of the city, except in the city’s central business district. No beer garden license shall be issued for public grounds in the central business district of the city except during community-wide public celebrations or holidays. For purposes of this article, the term “central business district” is defined as follows: Public grounds located in the area between the north side of Seventh Street and the south side of Fifth Street, and between the east side of Broadway Street and the west side of State Street, in the city.

(d)   The duration of a beer garden license shall not exceed two days. No person shall be issued more than three beer garden licenses during any calendar year. No beer garden license shall be transferred by the beer garden licensee to whom it was originally issued.

(e)   The license tax levied for conducting and operating a beer garden shall be as provided by section 11-220(a).

(Code 1971, §§ 3-73, 3-74, 3-77—3-79)