As used in this article, the words and phrases herein defined shall have the following meaning, unless the context otherwise requires:
(a) Person shall include individuals, firms, co-partnerships, corporation, associations and/or limited liability companies
(b) Sale at Retail and Retail Sale mean sales for the use or consumption and not for resale in any form.
(c) Place of Business shall mean any place in which cereal malt beverages are sold.
(d) Wholesaler or Distributor shall mean individuals, firms, co-partnerships, corporations associations and/or limited liability companies which sell or offer for sale any beverage referred to in this article, to individuals, firms, co-partnerships, corporations, associations and/or limited liability companies authorized by this article to sell cereal malt beverages at retail.
(e) Cereal Malt Beverage 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 3 2/10% (3.2%) of alcohol by weight.
(f) Limited Retailer shall mean a licensee who has a license to make retail sales of cereal malt beverage in original, unopened containers, and not for consumption on the premises.
(K.S.A. 41-2702; Ord. 200; Code 2018)
No person shall sell any cereal malt beverage at retail without first having secured a license for each place of business which such person desires to operate within the corporate limits of the city of Pretty Prairie, Kansas, as herein provided. A person having a license to sell only at retail in original and unbroken case lots, and not for consumption on the premises, shall not sell such beverages in any other manner.
(Ord. 200; Code 2018)
There are hereby prescribed license fees to sell cereal malt beverages at retail as follows:
(a) General Retailer. For each place of business selling cereal malt beverages at retail, $100 per year on an annual basis.
(b) Limited Retailer. For each place of business selling cereal malt beverages at retail, in original, unopened containers, and not for consumption on the premises, $50 per year on an annual basis.
(K.S.A. 41-2702(d); Ord. 200; Code 2018)
(a) Any person desiring a license as required under the provisions of this article shall make an application to the Governing Body and accompany the application by the required fee for each place of business for which the person desires the license. The application shall be verified and upon the form prepared by the Attorney General of the State and shall contain:
(1) The name and residence of the applicant, and how long he has resided within the state.
(2) The particular place for which the license is desired.
(3) The name of the owner of the premises upon which the place of business is located
(4) A statement that the applicant is a citizen of the United States of America, not less than 21 years of age, and that he has not, within two years immediately preceding the date of making the application, been convicted of a felony or any crime involving moral turpitude, or been adjudged guilty of drunkenness, or of driving a motor vehicle while under the influence of alcohol or drugs, or of the violation of any other intoxicating liquor law of any state or of the United States of America.
(5) The applicant shall state whether the applicant is applying for a general retailer license or a limited retailer license.
(b) Each such application, in case the applicant is a corporation or a limited liability company, shall be accompanied by affidavits executed by each officer, director, stockholder or partner owning, in the aggregate, more than 25% of the corporation stock, and of the manager of such business containing the same information as hereinabove required of an individual applicant, and in case the applicant is a partnership, firm or association, the application shall be accompanied by an affidavit duly-executed by each member of such partnership, firm or association, and of the manger of such business containing the same information as above-required of an individual applicant. The application, or a copy thereof, may be transmitted to such other departments of the city as may be designated by the Governing Body of the city for investigation of the applicant and place of business.
Issuance or Denial of License: Disqualification. If the application is in proper form and accompanied by the license fee as provided in Section 3 above, the Governing Body shall examine the application and if, upon such examination of the application, the Governing Body shall find that the applicant is qualified as provided by law, the Governing Body shall issue a license to the applicant; provided, however, that no license shall be issued to:
(a) A person who is not a resident of the city of Pretty Prairie, and who has not been a resident in good faith of the state of Kansas, for at least one year prior to such application, and a resident of Reno County for at least six months. The governing body may waive the requirement that the applicant be a resident of the city of Pretty Prairie, upon written request by the applicant; provided, however, no such waiver may be granted unless the applicant meets the state and comity residency requirements.
(b) A person who is not of good character and reputation in the community in which he resides.
(c) A person who is not a citizen of the United States of America.
(d) A person who, within two years immediately preceding the date of the making of the application, has been convicted of a felony or crime involving moral turpitude, or has been adjudged guilty of drunkenness or of driving a motor vehicle while under the influence of alcohol or drug$, or of a violation of any other intoxicating liquor law of any state or of the United States of America.
(e) A co-partnership, unless all the members of such co-partnership shall otherwise be qualified to obtain a license.
(f) A corporation or limited liability company, if any manager, officer or director thereof or any stockholder of a corporation or member of a limited liability company o\Wing, in the aggregate, more than 25% of the stock or interest of such corporation or limited liability company, would be ineligible to receive a license hereunder for any reason, other than non-residence in the city or county.
(g) 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.
(Ord. 200; Code 2018)
No license issued under the provisions of this article shall be transferred, except upon the death of the licensee, and in such an event, the surviving spouse, executor or administrator, if otherwise qualified, shall be entitled to the use of such license during the remainder of the license year.
(Ord. 200; Code 2018)
The license required by this article shall state it is non-transferrable, and shall show the calendar year for which it is issued It shall designate the place of business for which it is issued by physical description and location, and shall not authorize the licensee to carry on such business at any place other than the place designated, located and described in the license.
(Ord. 200; Code 2018)
The license so-issued to sell cereal malt beverages shall be kept posted by the licensee in a conspicuous place in his place of business.
(Ord. 200; Code 2018)
(a) The Governing Body of the city, upon five days’ written notice to a person holding a license to sell cereal malt beverages, shall permanently revoke such license or cause it to be suspended for a period of not more than 30 days for the following reasons:
(1) If the licensee has fraudulently obtained the license by giving false information in the application therefor.
(2) If the licensee has violated any of the provisions of this Chapter.
(3) If the licensee has become ineligible to obtain a license under this Chapter.
(4) Drunkenness of a person holding such license, drunkenness of the licensee’s manager or employee while on duty, and while on the premises for which such license is issued, or for a licensee, his manager or employee permitting any intoxicated person to remain in such place selling cereal malt beverages.
(5) The sale or gift of cereal malt beverages to those under the age of 21 years by a licensee, his manager or employee.
(6) The non-payment of any license fees payable hereunder.
(7) For the licensee, his manager or employee permitting any gambling in or upon the premises selling cereal malt beverages.
(8) For the licensee, his manager or employee permitting anyone to mix drinks using alcoholic liquor as that term is defined by the statutes of the state of Kansas, in the licensee’s place of business with materials purchased in such place of business or brought into the licensee’s place of business for that purpose.
(9) For the employment of persons under the age of 18 years of age in dispensing cereal malt beverages.
(10) For employing any person who has been adjudged guilty of a felony, or violation of an intoxicating liquor law.
(11) For sale or possession of, or permitting any person to use or consume, upon or in such premises, alcoholic liquor as defined by the laws of the state of Kansas.
(b) If any of the grounds for revocation herein-enumerated are violated by any employee or a manager of the licensee, then in the absence of the proof of knowledge by licensee, there shall be no revocation, except as herein-provided, but there may be a suspension of not more than 30 days. In the event any licensee is subject to more than one such suspension in any twelve-month period, his license shall be revoked upon the second violation.
(c) Within 20 days after the Order of the Governing Body revoking or suspending any license, the licensee may appeal to the District Court of the county in the manner as now provided by law; provided, however, that any appeal taken from the Order suspending or revoking any such license shall not suspend the Order of suspension or revocation during the pendency of such appeal. In the case of the revocation of a license of any licensee, no new license shall be issued to such person or to any person acting for or on his behalf for a period of six months after the revocation has become effective.
(Ord. 200; Code 2018)
It is hereby made unlawful for any person to commit any act which is made a cause for the revocation of any license hereunder.
(Ord. 200; Code 2018)
No cereal malt beverage may be sold between the hours of 12:00 midnight and 6:00 am., and licensed premises shall be cleared by 12:30 am. No cereal malt beverages shall be consumed on the premises of a licensee between the hours of 12:30 a.m. and 6:00 am.; or on the day of any national, state, county or city election, including primary elections, during the hours the polls are open; or on Sunday, except in a place of business which is licensed to sell cereal malt beverages for consumption on the premises, which place of business derives not less than 30% of its gross receipts from the sale of food for consumption on the licensed premises. No private rooms or closed booths shall be operated in any place of business. The place of business shall be open to the public and to law enforcement officers at all times during business hours. No licensee shall permit a person older the legal age for consumption of cereal malt beverage 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 of consumption of cereal malt beverages to possess cereal malt beverage in or about a place of business.
(Ord. 200; Code 2018)
No place of business may be located within any of the following-described zones.
(a) Within 300 feet of any church;
(b) Within 300 feet of any school; EXCEPT the Governing Body may grant approval to license a place of business within 300 feet of a school provided it is issued for a time during which the school is not in session;
(c) No cereal malt beverage may be taken into any place of business that has been issued a license for the sale of cereal malt beverage, EXCEPT that a cereal malt beverage wholesale distributor may bring in cereal malt beverage for the purpose of re-sale by the licensee.
(Ord. 200; Code 2018)
(a) It shall be unlawful for any person to sell, serve or dispense any cereal malt beverage or alcoholic beverage in any public place not licensed to sell, serve or dispense such beverage at such public place within or under the jurisdiction of the city.
(b) It shall be unlawful for any person to drink or consume any cereal malt beverage or alcoholic beverage in any public place not licensed to sell and serve such beverage for public consumption at such public place within or under the jurisdiction of the city, EXCEPT it shall be lawful to drink or consume cereal malt beverage within the boundaries of the Pretty Prairie Municipal Golf Course and in and within a 200’ radius of the pro shop and cart shed at the Pretty Prairie Municipal Golf Course, said drinking or consuming shall be allowed only between the hours of 10:00 o’clock A.M. and 10:00 o’clock P.M. and only on days when said golf course is open.
(c) For purposes of this section, the term “public place” shall include upon any street, public park, public thoroughfare, public parking lot or any privately owned parking area made available to the public generally, within any parked or driven motor vehicle situated in any of the aforesaid places or upon any property owned by the state or any governmental subdivision thereof unless such property is leased to others under K.S.A. 12-1740 et seq. if the property is being used for hotel or motel purposes or purposes incidental thereto or is owned or operated by an airport authority created pursuant to Chapter 27 of the Kansas Statutes Annotated.
(K.S.A. 41-719; Ord. 118, Sec. 3; Code 1986; Ord. 200; Code 2018)
No manufacturer, distributor, agent or wholesaler shall, directly or indirectly, sell, supply, furnish, give or pay, loan or lease, any furnishings, fixtures or equipment on the premises of a place of business, of a licensee authorized under this article to sell cereal malt beverages at retail, nor shall he, directly or indirectly, pay for any such license, or advance, furnish, lend or give money for payment of such licensee, or purchase or become the owner of any note, mortgage or other evidence of indebtedness of such licensee or any form of security therefor, nor shall such manufacturer, distributor or wholesaler, directly or indirectly, be interested directly or indirectly or as owner or part owner of said premises or as lessee or lessor thereof, in any premises upon which cereal malt beverages are sold at retail. No manufacturer, distributor or wholesaler, shall directly or indirectly or through a subsidiary or affiliate, or by any officer, director of firm or such manufacturer, distributor or wholesaler, furnish, give, lend or rent any interior decorations other than costing in the aggregate of more than One Hundred Dollars ($100.00) in any one calendar year for use in or about or in connection with any one establishment on which products of the manufacturer, distributor or wholesaler are sold. No person engaged in the business of manufacturing, distributing or wholesaling cereal malt beverages shall, directly or indirectly, pay for, advance, furnish or lend money for the payment of any license for another. Any licensee who shall permit or assent, or be a party in any way to any violation or infringement of this provision of this section shall be deemed guilty of a violation of this article, and any money loaned contrary to a provision of this article shall not be recovered back, or any note, mortgage or other evidence of indebtedness or security, or any lease or contract obtained or made contrary to this article shall be unenforceable and void No wholesaler or distributor shall sell any cereal malt beverage to any person who has not secured a license as provided for in this article.
(Ord. 200; Code 2018)
It shall be unlawful for any wholesaler and/or distributor, his or its agents or employees, to sell and/or to deliver cereal malt beverages within this city to persons authorized under this article to sell the same within this city unless such wholesaler or distributor has first secured a license from the Department of Inspections and Registration of the state of Kansas authorizing such sales.
(Ord. 200; Code 2018)
Nothing herein shall be construed to authorize or permit a licensee to furnish so-called “curb service” to persons in cars or vehicles, parked in the street, sidewalk, alley, roadway, or parking lot near such place of business, and same is prohibited.
(Ord. 200; Code 2018)
Any person violating any of the provisions of this article shall, upon conviction thereof, be fined not exceeding One Hundred Dollars ($100.00) or imprisoned not to exceed three (3) months, or both so fined and imprisoned.
(Ord. 200; Code 2018)