Enhanced Cereal Malt Beverage means cereal malt beverage as that term is defined in KS.A. 41-2701, and amendments thereto, and such term shall include beer containing not more than 6% alcohol by volume when such beer is sold by a retailer licensed under the Kansas cereal malt beverage act.
(Ord. 1871; Code 2020)
The “Cereal Malt Beverage License” issued by the city of Marysville “City” pursuant to this article, authorizes the sale of enhanced cereal malt beverage as defined in 3-202, by those retailers in compliance with this ordinance and other laws and regulations that may apply.
(Ord. 1871; Code 2020)
(a) It shall be unlawful for any person to sell any enhanced cereal malt beverage at retail without a license for each place of business where enhanced cereal malt beverages are to be sold at retail.
(b) It shall be unlawful for any person, having a license to sell enhanced cereal malt beverages at retail only in the original and unopened containers and not for consumption on the premises, to sell any enhanced cereal malt beverage in any other manner.
(Ord. 1162; Code 1987; Ord. 1871)
Any person desiring a license shall make an application to the governing body of the city and accompany the application by the required license fee for each place of business for which the person desires the license. The application shall be verified, and 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 or 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 not less than 21 years of age and that he or she has not within two 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 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 inspector certifying that he or she has inspected the premises to be licensed.
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 of the city for investigation of the applicant. It shall be the duty of the chief of police to investigate such applicant to determine whether he or she is qualified as a licensee under the provisions of this chapter. The chief shall report to the city clerk not later than five 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. 1162, Sec. 2; Code 1987; Ord. 1871; Code 2020)
(a) All applications for a new and renewed enhanced cereal malt beverage license shall be submitted to the city clerk 10 days in advance of the governing body meeting at which they will be considered.
(b) The city clerk’s office shall notify the applicant of an existing license 30 days in advance of its expiration.
(c) The clerk’s office shall provide copies of all applications to the police department and to the city inspector, when they are received. The police department will run a record check on all applicants and the city inspector will inspect the premises. The departments will then recommend approval, or disapproval, of applications within five 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 10 days in advance and been reviewed by the above city departments.
(Ord. 1162, Sec. 4; Code 2011; Ord. 1871; Code 2020)
(a) The minutes of the governing body 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.
(Code 1987; Ord. 1871; Code 2020)
Each license shall be posted in a conspicuous place in the place of business for which the license is issued.
(Ord. 1162, Sec. 5; Code 1987; Ord. 1871; Code 2020)
No license shall be issued to:
(a) A person who has not been a resident in good faith of the state of Kansas for at least one year immediately preceding application and a resident of Marshall county for at least six 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 or she resides.
(d) A person who, within two years immediately preceding the date of making 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 25 percent of the stock of such corporation would be ineligible to receive a license hereunder for any reason other than non-residence within the city or county.
(g) A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 2 5 percent of the stock of such corporation, has been an officer, manager or director, or a stockholder owning in the aggregate more than 25 percent of the stock, of a corporation which: (A) Has had a retailer’s license revoked under KS.A. 41-2708 and amendments thereto; or (B) 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.
(Code 2011; Ord. 1871; Code 2020)’
(a) No license shall be issued for the sale at retail of any enhanced 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 enhanced cereal malt beverage at any place within the city limits that is within a 200-foot radius of any church or school measured from front door to front door following the center line of the sidewalk.
(c) Provisions shall not apply to any establishment holding a private club license issued by the State of Kansas.
(Ord. 1162, Sec. 9; Code 1987; Ord. 1871; Code 2020)
The rules and regulations regarding license fees shall be as follows:
(a) General Retailer -- for each place of business selling enhanced cereal malt beverages at retail, $100 per calendar year.
(b) Limited Retailer -- for each place of business selling only at retail enhanced cereal malt beverages in original and unopened containers and not for consumption on the premises, $50 per calendar year.
(c) In addition to the fee prescribed in (a) above, each applicant for a retailer’s license or renewal of such a license shall remit an additional fee of $25. Such fee will be remitted to the Director who shall authorize a state stamp to be affixed to the license. No such stamp shall be affixed to any license except such stamps as provided by the Director and no retailer’s license shall be issued or renewed unless such stamp has been affixed thereto. 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.
(Code 2011; Ord. 1871; Code 2020)
The chief of police, 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 ordinance or other laws pertaining to enhanced cereal malt beverages, which violation does not in his or her judgment justify a recommendation of revocation. The licensee may appeal such order of suspension to the governing body within seven days from the date of such order.
(Code 2011; Ord. 1871; Code 2020)
The governing body of the city, upon five days’ written notice, to a person holding a license to sell enhanced cereal malt beverages shall permanently revoke or cause to be suspended for a period of not more than 30 days such license for any of the following reasons:
(a) If a licensee has fraudulently obtained the license by giving false information in the application therefor;
(b) If the licensee has violated any of the provisions of this section or has become ineligible to obtain a license under this section;
(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 or her manager or employee permitting any intoxicated person to remain in such place selling enhanced cereal malt beverages;
(d) The sale of enhanced cereal malt beverages to any person under 21 years of age;
(e) For permitting any gambling in or upon any premises licensed;
(f) For permitting any person to mix drinks with materials purchased in any premises licensed 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 enhanced 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 premise licensed;
(j) The nonpayment of any license fees;
(k) If the licensee has become ineligible to obtain a license;
(l) The provisions of subsections (f) and (i) shall not apply if such place of business is also currently licensed as a private club.
(Ord. 1871; Code 2020)
The governing body of the city shall hold a hearing upon any question of revocation of a license, and upon such hearing the governing body shall have power to revoke any license issued under the provisions hereof if a majority of said governing body find the licensee has violated any law, ordinance or regulation governing the sale of cereal malt beverages. No formality shall be required in such hearing and the same may be conducted in any manner which may be deemed appropriate by the governing body.
(Ord. 1162, Sec. 17)
Whenever, by action of the governing body of the city, a license to conduct the business of selling cereal malt beverages has been revoked for any cause whatever, no license shall be issued to any person to sell cereal malt beverages at the location of the place where such license to sell cereal malt beverages has been revoked, for a period of not less than six (6) months from and after the date that said revocation becomes and is final.
(Ord. 1871; Code 2020)
Any person, firm or corporation who shall violate any of the foregoing provisions relating to the manufacturing, sale and distribution of cereal malt beverages shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than Ten Dollars ($10.00), nor more than One Hundred Dollars ($100.00), or be imprisoned no less than ten (10) days, nor more than thirty (30) days, or be punished by both such fine and imprisonment. In addition to the penalties in this section provided, should any retail dealer violate any said provisions, his license may be revoked in the manner provided by laws.
(Ord. 1871; Code 2020)
The licensee, within 20 days after the order of the governing body revoking any license, may appeal to the district court of Marshall county and the district court shall proceed to hear such appeal as though such court had original jurisdiction in the matter. Any appeal taken 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 or her behalf, for a period of six months thereafter.
(Ord. 1162, Sec. 16; Code 2011; Ord. 1871; Code 2020)
If a licensee desires to change the location of his or her place of business, he or 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 $10. 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.
(Code 1987; Ord. 1871; Code 2020)
It shall be unlawful for any wholesaler and/or distributor, his, her or its agents or employees, to sell and/or deliver enhanced cereal malt beverages within the city, to persons authorized to sell the same within this city unless such wholesaler and/ or distributor has first secured a license from the director of revenue, state commission of revenue and taxation of the State of Kansas authorizing such sales.
(Ord. 1871; Code 2020)
It shall be the duty of every licensee to observe the following regulations:
(a) Hours of sale. No cereal malt beverage may be sold:
(1) On Easter Sunday; or
(2) Before 6:00 am. or after 12 midnight Monday through Saturday; or before 12:00 noon or after 8:00 p.m. on Sunday.; or
(3) Except in a place of business which is licensed to sell cereal malt beverages for consumption on the premises, which derives not less than 30 percent of its gross receipts from the sale of food for consumption on the licensed premises, where cereal malt beverages may be sold, dispensed and consumed. The governing body of the city shall have the authority to require such places of business to verify that at least 30 percent of its gross receipts are from the sale of food.
(b) 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.
(c) No private rooms or closed booths shall be operated in a place of business, but this provision shall not apply if the licensed premises are also currently licensed as a club pursuant to the club and drinking establishment act.
(d) 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 the city, county and state.
(e) Cereal malt beverages may be sold on premises which are licensed pursuant to both the acts contained in K.S.A. 41-2601 and K.S.A. 41-2701 at any time when alcoholic liquor is allowed by law to be served on the premises.
(f) Each place of business shall be open to the public and to law enforcement officers at all times during business hours, except that a premise licensed as a club pursuant to the club and drinking establishment regulations contained in K.S.A. 41- 2601 shall be open to law enforcement officers and not to the public.
(g) No licensee shall permit a person under the legal age for consumption of cereal malt beverages to consume or purchase any cereal malt beverage in or about a place of business, and no licensee shall permit a person under the legal age for consumption of cereal malt beverages to possess cereal malt beverages in or about a place of business, except that a licensee’s employee who is not less than 18 years of age may dispense or sell cereal malt beverages, if:
(1) The licensee’s place of business is licensed only to sell cereal malt beverages at retail in original and unopened containers and not for consumption on the premises; or
(2) The licensee’s place of business is a licensed food service establishment and not less than 50% of the gross receipts from the licensee’s place of business is derived from the sale of food for consumption on the premises of the licensed place of business.
(h) No person shall have any alcoholic liquor in such person’s possession while in a place of business, unless the premises are currently licensed as a club or drinking establishment pursuant to K.S.A. 41-2601.
(i) 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.
(j) 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.
(k) No licensee or agent or employee of the licensee shall sell or permit the sale of cereal malt beverages to any person under 21 years of age.
(l) No licensee or agent or employee of the licensee shall permit any gambling in the place of business, excluding state-run lotteries, for which such license has been issued.
(m) No licensee or agent or employee of licensee shall permit any person to mix alcoholic drinks with materials purchased in the place of business or brought in for such purposes.
(n) No licensee, agent or employee of licensee shall permit any threatening, quarrelsome, boisterous conduct or language or any annoying, unnecessary and offensive noises by mechanical devices or otherwise in or about his or her place of business.
(o) No licensee shall employ any person who has been judged guilty of a felony.
(Ord. 1429; Code 2011; Ord. 1871; Ord. 1878; Code 2020))
The following conduct by an enhanced cereal malt beverage licensee, manager or employee of any licensed enhanced cereal malt beverage establishment is deemed contrary to public welfare and is prohibited:
(a) Remaining or permitting any person to remain in or upon the premises who exposes to view any portion of the female breasts below the top of the areola or any portion of males/female’s pubic hair, anus, buttocks or genitals;
(b) Permitting any employee on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any other employee or any patron;
(c) Encouraging or permitting any patron on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva, or genitals of any employee;
(d) Performing or permitting any person to perform on the licensed premises acts of or acts which simulate:
(1) Sexual intercourse, masturbation, sodomy, or any other sexual act which is prohibited by law; or
(2) Touching, caressing or fondling such persons’ breasts, buttocks, anus or genitals.
(e) Using or permitting any person to use on the licensed premises, any artificial devices or inanimate objects to depict any of the acts prohibited by paragraph ( d).
(f) Showing or permitting any person to show on the licensed premises any motion picture, film, photograph, electronic reproduction, or other visual reproduction depicting:
(1) Acts or simulated acts of sexual intercourse, masturbation, sodomy, or any sexual act which is prohibited by law;
(2) The touching, caressing or fondling of the buttocks, anus, genitals or the female breasts;
(3) Scenes in which a person displays the buttocks, anus, genitals or the female breasts.
(g) The term premises means the premises licensed by the city as an enhanced cereal malt beverage establishment 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 on or within the licensed premises.
(Ord. 1871; Code 2020)
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 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. 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 of offensive odors and shall be at all times subject to inspection by the city health officer or designee.
(Ord. 1871; Code 2020)