Title 5 - Business Licenses and Regulations

5.12.045 Special Event Retailers' Permit.

1. A.
   Special Event Retailers’ Permit Required. It is unlawful for any Person to offer for sale, sell, and serve CMB, Low-Alcohol beer, or Non-alcoholic Malt Beverages for consumption on unpermitted premises without having in their possession a valid, unexpired, unrevoked special event retailers’ license issued by the City. The City Clerk may issue a special event retailers’ permit that will allow the permit holder to offer for sale, sell and serve Cereal Malt Beverages for consumption on premises not otherwise permitted under the Kansas Cereal Malt Beverage Act or O.P.M.C. 5.12.20, and that may be open to the public, subject to the following:

   1. 1.
      A special event retailers’ permit shall specify the premises for which the permit is issued;
   2. 2.
      A special event retailers’ permit shall be issued for the duration of the special event, the dates and hours of which shall be specified in their permit;
   3. 3.
      Not more than four special event retailers’ permits may be issued to any one applicant in a calendar year; and
   4. 4.
      A special event retailers’ permit shall not be transferrable or assignable.  
2. B.
   Application for Permit. Any Person desiring to obtain a special event retailers’ permit shall submit an application, in writing, to the City. The application shall be on a form prepared by the Attorney General and must contain all applicable information requested therein. An application for a special event retailers’ permit shall be made and filed with the City Clerk at least 21 days prior to the event for which the permit is desired. All applicants must provide a diagram accurately describing the premises or property where CMB, Low-Alcohol Beer or Non-alcoholic Malt Beverages will be offered for sale, sold and served.  
3. C.
   Approval/Denial. 1. One copy of such completed application shall be transmitted by the City Clerk to the Chief of Police. The Chief of Police shall investigate such application and determine if the applicant is qualified to receive a permit under the provisions of this Chapter and shall report the findings and recommendations made to the City Clerk. The City Clerk shall approve the special event retailers’ permit if:

   1. 1.
      The application is in proper form;
   2. 2.
      The application is accompanied by the fee as required in O.P.M.C. 5.12.040;
   3. 3.
      It is determined the applicant is qualified as provided by law; and
   4. 4.
      There are no conflicts with any City zoning laws, building codes, fire codes, or other ordinances of the City.

No permit shall be issued to an applicant who does not meet the requirements set forth in K.S.A. 41-2703 through K.S.A. 41-2703a, and amendments thereto, or to an applicant that is indebted to the City.   

2.   If an application for a permit is refused, the fee accompanying the same shall be immediately returned to the applicant. If the City Clerk denies an application, the applicant shall be immediately notified by certified mail, return receipt requested, mailed to the last known mailing address of the applicant, and the notice shall state the basis for the denial. Any applicant aggrieved by the denial may seek review by the Governing Body by filing a written notice of appeal from the denial with the City Clerk within 10 business days after the date of the notice of denial. The Governing Body shall determine the matter de novo, and if it determines the applicant is qualified by law, shall direct the City Clerk to issue the applicant a special event retailers’ permit; provided that no permit shall be issued to an applicant who does not meet the qualifications set forth in K.S.A. 41-2703 through K.S.A. 41-2703a, and amendments thereto, or to an applicant that is indebted to the City.

4. D.
   Term of Permit. Contents: Any special event retailers’ permit issued hereunder shall be valid for a period not to exceed thirty days.
5. E.
   Permit Regulations. It shall be the duty of every special event retailers’ permit holder to observe the regulations set forth in this Chapter and K.S.A. 41-2701, et seq., and amendments thereto.
6. F.
   Possession of Permit Required. The applicant must provide the City with a list of persons responsible for the event, at least one of whom is required to be at the location of the event for which the permit was granted for the full duration, and who must have a copy of the special event retailers’ permit on their possession at all times.
7. G.
   Revocation. A special event retailers’ permit issued pursuant to this Section may be immediately revoked by the City if there is probable cause to believe that there has been a violation of any applicable local, state, or federal law by the permittee, or a violation of a special event or special use permit issued by the City, if any.

(History: Ord. CMB- 3365 §4, 2022; Ord. CMB-2227 §1, 2000; CMB-2224 §2, 2000) (State Law: K.S.A. 41-2703)

Effective on: 1/1/1901