Chapter 4 INTOXICATING LIQUORS AND BEVERAGES Article 1 CEREAL MALT BEVERAGES Article 2 CATERING PERMIT Article 3 TEMPORARY PERMIT
Article 1 CEREAL MALT BEVERAGES Section 4.1.1 License Required Section 4.1.2 Sales Prohibited Section 4.1.3 Applicants Section 4.1.4 Premise Inspection Section 4.1.5 Fire Code Section 4.1.6 Application Form Section 4.1.7 License/Permit Fees; State Excise Tax Section 4.1.7a Special Event Retailers’ Permit Section 4.1.8 No Refunds Section 4.1.9 Nontransferable Section 4.1.10 Examination of Application Section 4.1.11 Issuance of License Section 4.1.12 Restriction upon Location Section 4.1.13 Regulations Section 4.1.14 Sanitary Conditions Required Section 4.1.15 Other Prohibited Conduct Section 4.1.16 Revocation of License Section 4.1.17 Change of Location Section 4.1.18 Sale on Credit Unlawful Section 4.1.19 Violation
Section 4.1.1 License Required No person shall sell any cereal malt beverages within the corporate limits of this city without having first secured a valid license issued by the City for the place of business at which such retail sales are made. (Ord. 366)
Section 4.1.2 Sales Prohibited It shall be unlawful for any person holding a license for the sale at retail of cereal malt beverages only in original and unopened containers and not for consumption on the premises, to sell such beverages in any other manner than is provided for in the license. (Ord. 366)
Section 4.1.3 Applicants The names and addresses of all persons who hold any financial interest in the particular place of business of which a license is desired. (Ord. 366) Intoxicating Liquors and Beverages Chapter 4/City of Bel Aire, Ks. (2016) Page 70
Section 4.1.4 Premise Inspection Each application for a general retailer's license shall be accompanied by a certificate from the City health officer certifying that the premise to be licensed has been inspected and that the premises comply with the health code and other applicable Code sections of the city. (Ord. 366)
Section 4.1.5 Fire Code Each application for a general retailer's license must be accompanied by a certificate from the Sedgwick County Fire Marshall certifying that the premises to be licensed comply with the applicable city fire code. (Ord. 366)
Section 4.1.6 Application Form Any person desiring to secure a license under the provisions of this article shall make a verified application in duplicate to the City Clerk and accompany the application by the required license fee for the place of business for which a license is required. The application shall be verified and upon a form which shall have been approved by the Attorney General of the State of Kansas and shall contain:
1. The name and residence of the applicant, and how long he has resided within the State of Kansas; 2. The particular place for which a license is desired; 3. The name of the owner of the premises upon which the place of business is located; 4. 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 of driving a motor vehicle while under the influence of intoxicating liquor, or of the violation of any other intoxicating liquor law of any state of the United States; 5. All applications for a new or renewed cereal malt beverage license shall be submitted to the City Clerk; 6. The City Clerk shall notify the holder of an existing license 30 days in advance of its expiration; 7. At the direction of the City Manager, the City Clerk shall provide copies of all applications to the City Manager. The police department shall run a records check on all applicants, the fire department and health officer will inspect the premises in accordance with city fire codes and ordinances. The police, fire and health information will be submitted with recommendation within five working days of the department's receipt of the application;
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8. Upon completion of the application review, the City Manager shall submit the application and recommendation to the governing body within 20 days of receipt of the application. An application fee of $50.00 for a license to retail cereal malt beverages shall not be refundable whether the license is approved or denied. (Ord. 366)
Section 4.1.7 License Fees The following fees are hereby prescribed for each annual license authorized by this Article: General Retailer - For each place of business selling cereal malt beverages at retail, two-hundred twenty-five dollars ($225.00) (Set by the State of Kansas) for the calendar year;
Limited Retailer - For each place of business selling only at retail cereal malt beverages in original and unopened containers and not for consumption on premises, seventy-five dollars ($75.00) (Set by State of Kansas) per calendar year. (Ord. 366)
Section 4.1.8 No Refunds The full amount of the license fee shall be required regardless of the time of 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 for which the license shall be issued. There shall be no refund in any case when licensees quit business prior to the end of the calendar year, or when the license is revoked for any cause provided for under this article. (Ord. 366)
Section 4.1.9 Nontransferable No License hereunder shall be transferable to another person. (Ord. 366)
Section 4.1.10 Examination of Application If the application is in proper form and accompanied by cash in the amount of the license fee, the governing body shall examine the application and after such examination of the governing body of the city, shall, if the application is qualified as provided by law, issue a license as required by law; PROVIDED, that no license shall be issued to: 1. A person who has not been a resident in good faith of the State of Kansas for at least one (1) year and a resident of the County of Sedgwick for at least six (6) months prior to filing of the application; 2. A person who is not of good character and reputation in the community in which he resides; 3. A person who is not a citizen of the United States; Intoxicating Liquors and Beverages Chapter 4/City of Bel Aire, Ks. (2016) Page 72
4. A person who within two (2) years immediately preceding the date of the 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 the state or of the United States; 5. A partnership, unless one of the copartners is a resident of Sedgwick County in which the premises covered by the license is located and unless all the members of such co-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 twenty-five percent (25%) of the stock of such corporation, would be ineligible to receive a license hereunder for any reason other than citizenship or non-residence within the city or county; 7. A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required of the licensee. (Ord. 366)
Section 4.1.11 Issuance of License The journal of the governing body shall show the action taken on the application and if the license is granted the governing body shall direct the City Clerk to issue the proper license. Among other things, the license shall state that it is not transferable to other person in the calendar year for which issued. The license shall be kept posted in a conspicuous place in the place of business licensed. (Ord. 366)
Section 4.1.12 Restriction upon Location 1. No license shall be issued for the sale at retail of any cereal malt beverage on premises, which are located in areas not zoned for such purpose. 2. It shall be unlawful to sell or dispense at retail any cereal malt beverage at any place within the city limits that is within a 300-foot radius of any church, school or library as measured between buildings. 3. The provisions of this section shall not apply to any establishment holding a private club license issued by the State of Kansas. (Ord. 366)
Section 4.1.13 Regulations Provisions relating to the hours of closing, standards of conduct, minors in the establishment and other regulations shall be as follows: 1. No cereal malt beverages may be sold between the hours of twelve o'clock (12:00) midnight and six o'clock (6:00) a.m. of any day or any Sunday or on the day of any national, state, county or city election, including primary
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election, during the hours the polls are open, within the corporate limits of the city. 2. Wholesalers and/or distributors. 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 of the Code to sell the same within the city unless such wholesaler and/or distributor has first secured a license from the State of Kansas authorizing such sales; 3. No private rooms or closed booths shall be operated in any licensed place of business; 4. The licensed place of business shall be open to the public and to police officers of the city at all times during business hours; 5. No person under twenty-one (21) years of age shall be permitted to buy or drink any of such beverages in or about the place of business; 6. No person shall have any alcoholic liquor in his possession while in the place of business; 7. The licensee, in the operation of such place of business, shall at all times comply with the sanitary and health regulations and Code sections of the city. 8. The place of business licensed and operating under this article shall at all time have a front and rear exit unlocked when open for business. (Ord. 366)
Section 4.1.14 Sanitary Conditions Required
All parts of the licensed premises including furnishings and equipment shall be kept clean and in a sanitary condition, free from flies, rodents and vermin at all times. The licensed premises shall have at least one ADA compliance restroom for each sex easily accessible at all times to its patrons and employees. The restroom shall be equipped with at least one lavatory with hot and cold running water, be well lighted, and be furnished at all times with paper towels or other mechanical means of drying hands and face.
Each restroom shall be provided with adequate toilet facilities which shall be of sanitary design and readily cleanable. Easily cleanable receptacles shall be provided for waste material and such receptacles in toilet rooms for women shall be covered. The restrooms shall at all times be kept in a sanitary condition and free of offensive odors and shall be at all times subject to inspection by the city health officer or designee. (Ord. 366)
Section 4.1.15 Other Prohibited Conduct
The following conduct by a drinking establishment licensee, manager or employee or any person under the direction and control of a tavern licensee, occurring on the licensed premises, is deemed contrary to public welfare and is prohibited:
1. Exposing or permitting any person to remain on the licensed premises who exposes to view any portion of the female breasts below the top of the areola or any portion of the male/female pubic hair, anus, buttocks or genitals; 2. Permitting any employee on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any other employee or of any patron; Intoxicating Liquors and Beverages Chapter 4/City of Bel Aire, Ks. (2016) Page 74
3. Encouraging or permitting any patron on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any employee; 4. Performing or permitting any person to perform on the licensed premises acts of or acts which simulate:
(a) Sexual intercourse, masturbation, sodomy, or any other sexual act which is prohibited by law; or
(b) Touching, caressing or fondling the breasts, buttocks, anus or genitals of the actor or another.
5. Using or permitting any person to use on the licensed premises, any artificial device or inanimate object to depict any of the acts which simulate:
(a) Sexual intercourse, masturbation, sodomy, or any other sexual act which is prohibited by law; or
(b) Touching, caressing or fondling the breasts, buttocks, anus or genitals of the actor or another.
6. Showing or permitting any person to use on the licensed premises, any motion picture films, photographs, video tape, or other electronic or mechanical visual reproduction depicting:
(a) Acts or simulated acts of sexual intercourse, masturbation, sodomy, or any sexual act which is prohibited by law;
(b) The touching, caressing or fondling of the buttocks, anus, genitals or female breasts; or
(c) Scenes in which a person displays the buttocks, anus, genitals or female breasts.
7. As used in this section, the term "licensed premises" shall mean the premises licensed by the City of Bel Aire, Kansas pursuant to this Article and such other areas, under the control of the licensee or his or her employee or employees that are in such close proximity to the licensed premises that activities and conduct of persons within such other areas may be viewed by persons within the licensed premises. (Ord. 77)
Section 4.1.16 Revocation of License The City Manager, upon five days' written notice, shall have the authority to suspend such license for a period not to exceed 30 days, for any violation of the provisions of this chapter or other laws pertaining to cereal malt beverages, which violation does not in his or her judgment justify a recommendation of revocation. The license may appeal such order of suspension to the governing body within seven days from the date of such order. The City Manager shall revoke or suspend such license for anyone of the following reasons: Intoxicating Liquors and Beverages Chapter 4/City of Bel Aire, Ks. (2016) Page 75
1. If a license has fraudulently obtained the license by giving false information in the application therefore; 2. If the licensee has violated any of the provisions of this Article or any rule or regulation made by the governing body as the case may be; 3. If the licensee has become ineligible to obtain a license in this Article; 4. Drunkenness of the person holding such license or permitting any intoxicated person to remain in such place; 5. The sale of cereal malt beverages to those under the age of twenty-one (21) years; 6. The nonpayment of any license fees; 7. For permitting any gambling in or upon such premises; 8. For permitting any person to mix drinks with material purchased in the place of business or brought in for this person; 9. For the employment of persons under twenty-one (21) years of age in dispensing cereal malt beverages; 10. For the employment of persons who have been adjudged guilty of felony or any violation of the intoxicating liquor law; 11. For the sale or possession of or for permitting any person to use or consume, upon or in the premises, alcoholic liquor as defined by the laws of the State of Kansas relating thereto Provided, that the provisions of the foregoing subsections 8. and 11. of this subsection shall not apply if such place of business or premises are also currently licensed as a club under a license issued by the State Director of Alcoholic Beverage Control.
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 or suspending any such license shall not suspend the order of revocation or suspension during the pendency of any such appeal. In case of the revocation of the license of any licensee, no new license shall be issued to such person or any person acting for or on his behalf, for a period of six (6) months thereafter. (Ord. 366)
Section 4.1.17 Change of Location The place of business of any licensee may be changed from one location to another within the city upon special application to the governing body describing the new location and upon the approval of the governing body and the payment of a fee of fifteen dollars ($15.00). (Ord. 366)
Section 4.1.18 Sale on Credit Unlawful
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It shall be unlawful for any retailer to sell or furnish cereal malt beverages at retail to any person on credit or on a passbook or order on a store, or in exchange for any goods, wares or merchandise or for any payment of services rendered. (Ord. 366)
Section 4.1.19 Violation Any person violating the provisions of this Article upon conviction shall be deemed guilty of a misdemeanor. (Ord. 366)
ARTICLE 2 CATERERS Section 4.2.1 Section 4.2.2
Section 4.2.1 License Required It shall be unlawful for any person licensed by the State of Kansas as a caterer to sell alcoholic liquor by the drink, to sell or serve any liquor by the drink within the city without obtaining a local caterer’s license from the city clerk.
Section 4.2.2 Occupational Tax (a) There is hereby levied a biennial occupational tax in the amount of five hundred dollars ($500.00) 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 days after any renewal of a state license. (b) All applications for new or renewal city licenses shall be submitted to the city clerk. Upon presentation of a state license, payment of the city occupational tax and completion of the license application process, the city clerk shall issue a city license for the period covered by the state license, if there are no conflicts with any zoning or alcoholic beverage ordinances of the city. (c) The license period shall extend for the period covered by the state license. No occupational tax shall be refunded for any reason. (d) Every licensee shall cause the caterer license to be placed in plain view on any premises within the city where the caterer is serving or mixing alcoholic liquor for consumption on the premises.
Section 4.2.3 Business Regulations (a) No caterer licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor between the hours of 2:00 a.m. and 6:00 a.m. on any day. (b) No alcoholic beverages or cereal malt beverages shall be given, sold or traded to any person under 21 years of age.
Section 4.2.4 Notice to Chief of Police Prior to any event at which a caterer will sell or serve alcoholic liquor by the individual drink, the caterer shall provide written notice to the chief of police at least one (1) business day prior to the event if the event will take place within the city. The notice shall contain Intoxicating Liquors and Beverages Chapter 4/City of Bel Aire, Ks. (2016) Page 77
the location, name of the group sponsoring the event, and the exact date and times the caterer will be serving alcoholic beverage or cereal malt beverage.
Section 4.2.5 Additional Provisions The following sections of Article 1 of this Chapter shall be applicable to this Article as if fully set forth herein: Section 4.1.8; 4.1.9; 4.1.17.
ARTICLE 3 TEMPORARY PERMITS Section 4.3.1. Permit Required Section 4.3.2 Permit Fee Section 4.3.2 City Temporary Permit. Section 4.3.4 Permit Regulations. Section 4.3.5 Special Event Approval
Section 4.3.1 Permit Required (a) It shall be unlawful for any person granted a temporary permit by the State of Kansas to sell or serve any alcoholic liquor within the city without first obtaining a local temporary permit from the city clerk. (b) Temporary Permit means a permit, issued in accordance with the laws of the State of Kansas, which allows the permit holder to offer for sale, sell and serve alcoholic liquor for consumption on unlicensed premises, open to the public, subject to the terms of the permit.
Section 4.3.2 Permit Fee (a) There is hereby levied a temporary permit fee in the amount of $100.00 per day on each group or individual holding a temporary permit issued by the state director of alcoholic beverage control authorizing sales within the city, which fee shall be paid before the City’s Temporary Permit to operate is issued. (b) Every temporary permit holder shall cause both the State Temporary Permit and the City’s temporary permit receipt to be placed in plain view on any premises within the city where the holder of the temporary permit is serving or mixing alcoholic liquor for consumption on the premises.
Section 4.3.3 City Temporary Permit (a) It shall be unlawful for any person to conduct an event under a state issued temporary permit without first applying for a local temporary permit at least sixty (60) days before the event. Written application for the local temporary permit shall be made to the city clerk and shall clearly state: (1) the name of the applicant; (2) the group for which the event is planned; (3) the location of the event; (4) the date and time of the event; (5) any anticipated need for law enforcement, fire or other municipal services. (b) Upon presentation of a state temporary permit, payment of the city’s temporary permit fee, understanding and agreement to pay all costs of publication Intoxicating Liquors and Beverages Chapter 4/City of Bel Aire, Ks. (2016) Page 78
associated with the temporary permit, and a written application as provided for in subsection (a), the city clerk shall issue a local temporary permit to the applicant if there are no conflicts with any zoning or other ordinances of the city. (c) The city clerk shall notify the chief of police whenever an application for a temporary permit has been requested and forward a copy of the application to the chief of police.
Section 4.3.4 Permit Regulations (a) No temporary permit holder shall allow the serving, mixing or consumption of alcoholic liquor between the hours of 2:00 a.m. and 6:00 a.m. at any event for which a temporary permit has been issued. (b) No alcoholic beverages shall be given, sold or traded to any person under 21 years of age.
Section 4.3.5 Special Event Approval (a) Alcoholic liquor may be consumed at a Special Event held on public streets, alleys, roads, sidewalks or highways in accordance with a Temporary Permit issued by the State of Kansas pursuant to K.S.A 41-2645, and amendments thereto, only after such Special Event has been approved by the Governing Body by Resolution specifically citing this subsection of this Article regarding alcoholic liquor. An application requesting approval of such Special Event shall be submitted to the City Clerk sixty (60) days prior to such Special Event, and shall include all information required by 4.3.3, as well as a specific description of the area to be included in such Special Event, manner of posting such area, manner of controlling alcoholic liquor from being taken into or out of such area, and any other safety information specifically required by the application, Police Chief, or Governing Body. (b) Special Event shall in no manner be construed to allow alcoholic liquor to be consumed inside vehicles while on public streets, alleys, roads or highways within the boundaries of any such Special Event. (c) No person shall remove any alcoholic liquor from inside the boundaries of a Special Event as designated by the Resolution authorizing such Special Event. The boundaries of such Special Event shall be clearly marked by signs, a posted map or other means which reasonably identify the area in which alcoholic liquor may be possessed or consumed at such Special Event. (d) No person shall possess or consume alcoholic liquor inside the premises licensed as a Special Event that was not sold or provided by the licensee holding the associated State and City issued temporary permits. (e) The Governing Body may require the holder of the Special Event to provide adequate insurance, naming the City as an additional insured, if such Special Event is to take place on any public property or roadway. (f) Special Event means a picnic, bazaar, festival or other similar community gathering.
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