CHAPTER 3. BEVERAGESCHAPTER 3. BEVERAGES\Article 3. Alcoholic Liquor

(a)   It shall be unlawful for any person to keep for sale, offer for sale, or expose for sale or sell any alcoholic liquor as defined by the “Kansas liquor control act” without first having obtained a state license to do so.

(b)   The holder of a license for the retail sale in the city of alcoholic liquors by the package issued by the state director of alcoholic beverage control shall present such license to the city clerk when applying to pay the occupation tax levied in section 3-302 and the tax shall be received and a receipt shall be issued for the period covered by the state license.

(Code 2021)

There is hereby levied a biennial occupation tax of $300 on any person holding a license issued by the state director of alcoholic beverage control for the retail sale within the city of alcoholic liquors for consumption off the premises. Such tax shall be paid by the retailer to the city clerk before business is begun under an original state license and shall be paid within five days after any renewal of a state license.

(K.S.A. 41-310(l)(1); Ord. 11-3; Code 2021)

Every licensee under this article shall cause the city alcoholic liquor retailer’s occupation tax receipt to be placed in plain view, next to or below the state license in a conspicuous place on the licensed premises.

(Code 2021)

No person shall sell at retail any alcoholic liquor:

(a)   On Sunday before 12:00 noon or after 8:00 p.m.;

(b)   On Easter Sunday, Thanksgiving Day or Christmas Day; or

(c)   Before 9:00 a.m. or after 11:00 p.m. on any day when the sale thereof is permitted.

(K.S.A. 41-712; K.S.A. 41-2911; Ord. 05-6; Code 2021)

It shall be unlawful for a retailer of alcoholic liquor to:

(a)   Permit any person to mix drinks in or on the licensed premises;

(b)   Employ any person under the age of 21 years in connection with the operation of the retail establishment;

(c)   Employ any person in connection with the operation of the retail establishment who has been adjudged guilty of a felony;

(d)   Furnish any entertainment in his or her premises or permit any pinball machine or game of skill or chance to be located in or on the premises; or

(a)   Have in his or her possession for sale at retail any bottles, cask, or other containers containing alcoholic liquor, except in the original package.

(f)   Sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person under 21 years of age.

(Code 2021)

(a)   No alcoholic liquor shall be sold by a person holding a license or permit from the city whose place of business or other premises are located within 200 feet of any school, college or church, said distance to be measured from the nearest property line of such school, college or church to the nearest portion of the building occupied by the premises; except that if any such school, college or church is established within 200 feet of any licensed premises after the premises have been licensed, the premises shall be an eligible location for retail licensing.

(b)   No license or permit shall be issued for the sale of alcoholic liquor if the building or use does not meet the zoning ordinance requirements of the city or conflicts with other city laws, including building and health codes.

(K.S.A. 41-710; Code 2021)

Any person or entity selling alcoholic liquors at retail, or offering to sale at retail, without paying the biennial license fee shall be subject to a fine of up to $2,000.00. This penalty is in addition to any other penalty provided by any other city ordinance or state law.

(Ord. 11-3; Code 2021)