Liquor License Information
3-201. LICENSE REQUIRED. It shall be unlawful for any person granted a drinking establishment license by the State of Kansas to sell or serve any alcoholic liquor authorized by such license within the City without first obtaining a City license from the City Clerk. (Ord. 860)
3-202. LICENSE FEE. Regulations relating to the license fee are as follows:
a. There is hereby levied an annual license fee in the amount of two hundred fifty dollars ($250) on each drinking establishment located in the City which has a drinking establishment 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 (5) 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 license fee and the license application, 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 license fee shall be refunded for any reason.
d. Every licensee shall cause the City drinking establishment license to be placed in plain view next to or below the state license in a conspicuous place on the licensed premises. (Ord. 860)
3-203. BUSINESS REGULATIONS. Regulations pertaining to this section are as follows:
a. A drinking establishment licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor on its premises between the hours of 9:00 a.m. and 12:00 a.m. on any day.
b. Cereal malt beverages may be sold on premises licensed for the retail sale of cereal malt beverage for on-premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises.
c. No alcoholic beverages or cereal malt beverages shall be given, sold or traded to any person under twenty-one (21) years of age. (Ord. 860, amended by Ord. 1288)
3-204. PENALTY. If the licensee has violated any of the provisions of this article, the Governing Body of the City, upon five (5) days' written notice to the person holding such license to sell alcoholic liquor, may permanently revoke or cause to be suspended for a period of not more than thirty (30) days such license and the individual holding the license may be charged in municipal court with a violation of the alcoholic liquor laws of the City and upon conviction shall be punished by:
a. A fine of not more than four hundred ninety-nine dollars ($499);
b. Imprisonment in jail for not more than one hundred seventy-nine (179) days; or
c. By both such fine and imprisonment not to exceed (a) and (b) above.
ARTICLE VI. CEREAL MALT BEVERAGE RETAILERS
3-601. LICENSE REQUIRED OF RETAILERS. Provisions regarding licenses required of retailers are as follows:
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 other manner. (Ord. 860)
3-602. APPLICATION. Any person desiring a license shall make an application to the Governing Body of the City and accompany the application with 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/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 hold 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 is not less than twenty-one (21) years of age and that he/she 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 has 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 any state or of the United States;
f. Each application for a general retailer's license shall be accompanied by a certificate from the City of Fairway or Johnson County, Kansas, health officer certifying that he/she has inspected the premises to be licensed and that the same comply with the health code and/or ordinances of the City;
g. Each application for a general retailer's license must be accompanied by a certificate from the city fire chief certifying that he/she has inspected the premises to be licensed and that the same comply with the fire code and/or ordinances of the City;
h. 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 Chief of Police for investigation of the applicant. It shall be the duty of the Chief of Police to investigate such applicant to determine whether he/she is qualified as a licensee under the provisions of this article. The Chief of Police shall report to the City Clerk not later than five (5) working days subsequent to the receipt of such application. The application shall be scheduled for consideration by the Governing Body at the earliest meeting consistent with current notification requirements. (Ord. 860)
3-603. LICENSE APPLICATION PROCEDURES. Provisions regarding procedures for making license application are as follows:
a. All applications for a new or renewed cereal malt beverage licenses shall be submitted to the City Clerk at least ten (10) days in advance of the Governing Body meeting at which they will be considered;
b. The City Clerk shall notify the holder of an existing license thirty (30) days in advance of its expiration;
c. The City Clerk shall provide copies of all applications to the police department, to the fire department, and to the health department, when they are received. The Police Department shall run a records check on all applicants and the fire department and health department will inspect the premises in accordance with city fire codes and/or ordinances. The departments will then recommend approval, or disapproval, of applications within five (5) working days of the department's receipt of the application;
d. The Governing Body will not consider any application for a new or renewed license that has not been submitted ten (10) days in advance and been reviewed by the above City departments;
e. 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. 860)
3-604. LICENSE GRANTED. Provisions regarding the granting or denial of a license are as follows:
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. 860)
3-605. LICENSE TO BE POSTED. Each license shall be posted in a conspicuous place in the place of business for which the license is issued. (Ord. 860)
3-606. LICENSE, DISQUALIFICATION. No license shall be issued to the following:
a. A person who has not been a resident in good faith of the state of Kansas for at least one (1) year immediately preceding application and a resident of Johnson County for at least six (6) months prior to filing of such application;
b. A person who is not a citizen of the United States;
c. A person who is not of good character and reputation in the community in which he/she resides;
d. 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 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 any state or of the United States;
e. A partnership, unless all the members of the partnership shall otherwise be qualified to obtain a license;
f. 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 nonresidence within the City or county;
g. 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 has been an officer, manager or director, or a stockholder owning in the aggregate more than twenty-five percent (25%) of the stock, of a corporation which:
(1) has had a retailer's license revoked under K.S.A.41-2708 and amendments thereto; or
(2) has been convicted of a violation of the drinking establishment act or the cereal malt beverage laws of this state.
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 residency requirements or age, except that this subsection (i) shall not apply in determining eligibility for a renewal license. (Ord. 860)
3-607. RESTRICTION UPON LOCATION. Provisions regarding restriction upon location are as follows:
a. 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;
b. 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 one hundred fifty foot (150') radius of any church, school or library;
c. The provisions of this section shall not apply to any establishment holding a private club license issued by the State of Kansas;
d. The distance limitation of subsection (b) above shall not apply to any establishment holding a cereal malt beverage license issued by the City when the licensee has petitioned for and received a waiver of the distance limitation. The Governing Body shall grant such a waiver only following public notice and hearing. (Ord. 860)
3-608. LICENSE FEE. 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, two hundred dollars ($200) 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, fifty dollars ($50) 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. 860)
3-609. SUSPENSION OF LICENSE. The Chief of Police, upon five (5) days' written notice, shall have the authority to suspend such license for a period not to exceed thirty (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/her judgment justify a recommendation of revocation. The licensee may appeal such order of suspension to the Governing Body within seven (7) days from the date of such order. (Ord. 860)
3-610. LICENSE SUSPENSION/REVOCATION BY GOVERNING BODY.
The Governing Body, upon five (5) 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 thirty (30) days for any of the following reasons:
a. If a licensee has fraudulently obtained the license by giving false information in the application therefore;
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 a person holding such license, drunkenness of a licensee's manager or employee while on duty and while on the premises for which the license is issued, or for a licensee, his/her manager or employee permitting any intoxicated person to remain in such place selling cereal malt beverages;
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 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 premises 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 or subsections (f) and (i) shall not apply if such place of business is also currently licensed as a private club. (Ord. 860)
3-611. LICENSE SUSPENSION/REVOCATION; APPEAL. The licensee, within twenty (20) days after the order of the Governing Body revoking any license, may appeal to the district court of Johnson 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/her behalf, for a period of six (6) months thereafter. (Ord. 860)
3-612. CHANGE OF LOCATION. If a licensee desires to change the location of his/her place of business, he/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 twenty-five dollars ($25). 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. 860)
3-613. 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 person 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. 860)
3-614. BUSINESS REGULATIONS. It shall be the duty of every licensee to observe the following regulations:
a. The place of business licensed and operating under this article shall at all times have a front and rear exit unlocked when open for business;
b. The premises and all equipment used in connection with such business shall be kept clean and in a sanitary condition and shall at all times be open to the inspection of the police and health officers of this city, county and state;
c. Except as provided by subsection (d), no cereal malt beverages may be sold or dispensed between the hours of 11:00 p.m. to the following morning at 9:00 a.m., or consumed between the hours of 11:00 p.m. to the following morning at 9:00 a.m., or on Sunday, except in a place of business which is licensed to sell cereal malt beverages for consumption on the premises, and which derives not less than thirty percent (30%) of its gross receipts from the sale of food for consumption on the licensed premises. Closing hours for clubs shall conform to K.S.A. 41-2614 and any amendments thereto; (Ord. 1060)
d. 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 by the State of Kansas;
e. The place of business shall be open to the public and to the police 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 the police and not to the public;
f. 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;
g. 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;
h. 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;
i. 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;
j. 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;
k. No licensee shall employ any person who has been adjudged guilty of a felony. (Ord. 860)
3-615. 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 restroom for each sex easily accessible at all times to its patrons and employees. The restrooms 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. The doors of all toilet rooms shall be self closing and toilet paper at all times shall be provided. 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 from offensive odors and shall be at all times subject to inspection by the City of Fairway or Johnson County, Kansas, health officer or designee. (Ord. 860)
3-616. MINORS ON PREMISES. Provisions relating to minors on premises are as follows:
a. It shall be unlawful for any person under twenty-one (21) years of age to remain on any premises where the sale of cereal malt beverages is licensed for on premises consumption.
b. This section shall not apply if the person under twenty-one (21) years of age is an employee of the licensed establishment, or is accompanied by his/her parent or guardian, or if the licensed establishment derives not more than fifty percent (50%) of its gross receipts in each calendar year from the sale of cereal malt beverages for on-premises consumption. (Ord. 860)