CHAPTER III. BEVERAGESCHAPTER III. BEVERAGES\ARTICLE 1. CEREAL MALT BEVERAGES

ARTICLE 1. CEREAL MALT BEVERAGES

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. 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 any other manner.

(K.S.A. 41-2702)

An application for a license to sell cereal malt beverages at retail shall be made to the governing body in accordance with the provisions of section 41-2702 of the Kansas Statutes Annotated. The applicant shall be twenty-one (21) years of age and have resided six (6) months in the county.

There are hereby established license fees as follows:

(a)   For each place of business licensed to sell cereal malt beverages at retail including consumption on the premises, seventy-five dollars ($75.00) per calendar year, payable January 1, of each year.

(b)   For each place of business license to sell cereal malt beverages at retail in original and unopened containers not for consumption on the premises fifty dollars ($50.00) per calendar year, payable January 1, of each year.

(K.S.A. 41-2702)

As used in this article, the words and phrases herein defined shall have the following meanings unless the context otherwise requires:

(a)   “Person” shall include individuals, firms, copartnerships, corporations, and associations;

(b)   “Sale at retail” and “retail sale” means sales for use of consumption and not for resale in any form;

(c)   “Place of business” shall mean any place at which cereal malt beverages are sold;

(d)   “Cereal malt beverages” shall include any fermented but undistilled liquor brewed or made from malt or from a mixture of malt and/or malt substitute but shall not include any such liquor which contains more than three and two-tenths percent (3.2%) of alcohol by weight.

(a)   No cereal malt beverages may be sold:

(1)   Between the hours of eleven (11) o’clock p. m. and six (6) o’clock a.m. on week days and between the hours of twelve (12) o’clock midnight and six (6) o’clock a.m. on Saturday;

(2)   On Sunday.

(b)   No private rooms or closed booths shall be operated in said place of. business, but this provision shall not apply if the licensed premises are also currently licensed as a club under a license issued by the state director of alcoholic beverage control.

(c)   Said place of business shall be open to the public and to the police at all times during business hours, except that a premises licensed as a club under a license issued by the state director of alcoholic beverage control shall be open to the police and not to the public.

(d)   No person under twenty-one (21) years of age shall be permitted to buy or drink any of such beverages in or about said place of business. It shall be unlawful for any person under twenty-one (21) years of age to purchase or attempt to purchase any cereal malt beverages in any licensed place of business.

(e)   No person shall have any alcoholic liquor in his possession while in said place of business, unless the premises are currently licensed as a club under a license issued by the state director of alcoholic beverage control.

(K.S.A. 41-2704)

All licenses issued under the provisions of this article and the Kansas Statutes Annotated, chapter 41, article 27, shall be revoked according to the provisions of K.S.A. 41-2708.

It shall be unlawful for any person to have any cereal malt beverage in his possession upon any public street, avenue, alley, sidewalk or in a vehicle except in the original unopened container, or to drink or consume any cereal malt beverage upon any public street, avenue, alley, sidewalk or in a vehicle within the city.

It shall be unlawful for any person under the age of twenty-one (21) years to have in his or her possession any cereal malt beverage upon any street, avenue, alley sidewalk, in any vehicle or in any public place or places to which the general public has access, whether or not an admission or other fee is charged or collected.

It shall be unlawful for any person knowingly or unknowingly to sell, give away, dispose of, exchange or deliver or permit the sale, gift or procuring of any cereal malt beverage to, or for anyone under the age of twenty-one (21) years of age.

It shall be unlawful for anyone under the age of twenty-one (21) to represent that he or she is of the age of over twenty-one (21) years of age for the purpose of asking for, purchasing, or receiving any cereal malt beverage within the corporate limits of the city.

No licensee shall permit any immoral conduct in his place of business and shall keep and maintain his place of business in a clean and sanitary condition.

It shall be unlawful for any owner, operator, or licensee to operate any place of business licensed for the sale and consumption of cereal malt beverages on the premises without sufficient illumination to measure not less than five (5) foot candles of light in all portions of said place of business measured at a height of thirty-six (36) inches above the floor.

(K.S.A. 41-2704)

It shall be unlawful for any person to do any of the things or acts forbidden in this article. It shall be unlawful for any person to fail or refuse to do any of the things or acts commanded to be done by this article. Any person violating any of the provisions of this article for which another penalty is not specifically provided shall, upon conviction thereof, be fined in any amount not to exceed two hundred dollars ($200), or be imprisoned not to exceed thirty (30) days, or be both so fined and imprisoned.