Title 5 - Business Licenses and Regulations
5.12 Cereal Malt Beverages1
- 1.For statutory provisions regarding the licensing and regulation of sales of cereal malt beverages, see K.S.A. 41-2701 et seq.
5.12.050 Examination of Application - Issuance of License - Disqualifications.
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A.If the application is in proper form and accompanied by the proper license fee, the City Clerk shall examine the application; and after such examination, issue the license if the applicant is qualified as provided by law; provided that no license shall be issued to an applicant who does not meet the license qualifications set forth in K.S.A. 41-2703 through K.S.A. 41-2703a, and amendments thereto, or to an applicant or Licensee that is indebted to the City. If an applicant is qualified as provided by law and has been issued a farm winery license permit pursuant to K.S.A. 41-316, and amendments thereto, or a producer's license pursuant to K.S.A. 41-355, and amendments thereto, a license shall be issued to an applicant.
The City Clerk shall keep, as a public record, a list of all licenses issued under this Chapter, together with the class and expiration date of each. Among other things, the license shall state that it is not transferable to other Persons and the license year for which issued. The license shall be kept posted in a conspicuous place in the Place of Business licensed.
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B.Renewal licenses may be issued by the City Clerk upon payment of the necessary fee if the Licensee has not been suspended or revoked pursuant to Section 5.12.070 during the license term and the Licensee continues to meet the qualifications for issuance of the license.
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C.If an application for a license is refused, the license fee accompanying the same shall be immediately returned to the Person who has made such application. If the City Clerk denies an application for a license, 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 as provided by law, shall direct the City Clerk to issue the applicant a license; provided that no license shall be issued to an applicant who does not meet the license qualifications set forth in K.S.A. 41-2703 through K.S.A. 41-2703a, and amendments thereto, or to an applicant or Licensee that is indebted to the City.
(History: Ord. CMB-3365 §5, 2022; Ord. CMB-2874 §5, 2010; CMB-2388 §1, 2002; CMB-2186 §5, 99; CMB-1654 §5, 90; CMB-1450 §2, 87; CMB-1319 §4, 85; CMB-1145 §1, 81; CMB-861 §3, 76; CMB-76) (State Law: K.S.A. 41-2703)
Effective on: 1/1/1901