CHAPTER III. BEVERAGESCHAPTER III. 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 1959,3-201; Code 1984)

There is hereby levied an occupation tax on any person holding a license for any of the purposes hereafter mentioned issued by the state director of alcoholic beverage control shall pay an occupation tax to the city as follows:

(a)   Alcoholic liquor distributor: for the first and each additional distributing place of business operated in the city by the same licensee and jobbing alcoholic liquors, except beer - $300 annually.

(b)   Beer distributor: for the first and each additional wholesale distributing place of business operated in the city by the same licensee and wholesaling or jobbing beer, containing more than 3.2 percent of alcohol by weight, only - $150 annually;

(c)   Retailers: alcoholic liquids including beer containing more than 3.2 percent of alcohol by weight, for consumption off the premises (sales in the original packages only) - $600 biennially. The tax shall be paid before business is begun under an original state license and within 10 days after the renewal of a state license.

(K.S.A. 41-310; Code 1959, 3-202; Code 2015)

A holder of a license for the retail sale of alcoholic liquids by the package in the city issued by the state director of alcoholic beverage control shall present such license when applying to pay the occupation or license tax levied in section 3-202 of this article and the tax shall be received and receipt issued for the period covered by the state license by the city clerk.

(Code 1959,3-203)

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 1959, 3-204; Code 1984)

No person shall sell at retail any alcoholic liquor:

(a)   On Sunday before 9:00 a.m. 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; Code 1984; K.S.A. 41-2911; Ord. 1533; Code 2015; Ord. 1677)

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

(e)   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 1984)

(a)   It shall be unlawful for any person under the age of 21 to represent that he or she is of age for the purpose of purchasing or attempting to purchase any alcoholic liquor, or attempt to purchase or purchase alcoholic liquor from any person. No person under the age of 21 shall have any alcoholic liquor in his or her possession.

(b)   No person shall knowingly sell, give away, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person who is an incapacitated person, or any person who is physically or mentally incapacitated by the consumption of such liquor.

(c)   Any person convicted of violating this section shall be punished by a fine of not more than $100 or by imprisonment for not to exceed 30 days, or both.

(K.S.A. 41-715; Code 1959, 3-205; Code 1984)

No person shall knowingly or unknowingly sell, give away, furnish, dispose of, procure, exchange or deliver, or permit the selling, giving away, furnishing, disposing of, procuring, exchanging or delivering of any alcoholic beverage in any building, structure or premises, for consumption in such building or upon such premises if such consumption is within 200 feet from the nearest property line of any existing hospital, school, church or library.

(K.S.A. 41-710; Code 1984)