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CHAPTER 04 Intoxicating Liquors and Beverages

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CHAPTER 04 Intoxicating Liquors and Beverages 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; Intoxicating Liquors and Beverages Chapter 4/City of Bel Aire, Ks. (2016) Page 71 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 Intoxicating Liquors and Beverages Chapter 4/City of Bel Aire, Ks. (2016) Page 73 election, during the hours the polls are open, within the corporate limits of the city. 2.
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