Title 5 - Business Licenses and Regulations

5.12.070 Revocation or Suspension License.

1. A.
   After at least five days notification to any person holding any license issued under this Chapter that the Governing Body of the City is, on a date certain, to take some action on such license, the Governing Body shall revoke or suspend such license for any of the following reasons:

   1. 1.
      The Licensee has fraudulently obtained the license by giving false information in the application therefor;
   2. 2.
      The Licensee has become ineligible to obtain a license in this Chapter;
   3. 3.
      The nonpayment of any license fees; 
   4. 4.
      Permitting any gambling in or upon the Licensee's Place of Business;
   5. 5.
      The employment of persons under 18 years of age in dispensing or selling Cereal Malt Beverage or Low-Alcohol Beer or Non-alcoholic Malt Beverages;
   6. 6.
      The employment or continuation in employment of a person in connection with the sale, serving or dispensing of Cereal Malt Beverage or Low-Alcohol Beer or Non-alcoholic Malt Beverages if the Licensee knows such person has been, within the preceding two years, adjudged guilty of a felony or of any violation of the alcoholic liquor or CMB laws of this city or state or any other City or state;
   7. 7.
      The submission to the Governing Body by the Chief of Police proof of five violations committed by or permitted by a Licensee, or the Licensee's agent or employee, on the licensed premises including the parking lot, within the preceding year, of any statutes or ordinances regulating such business and of any ordinance in Title 11 of the Overland Park Municipal Code; or
   8. 8.
      The Licensee has violated K.S.A. 21-4106 or 21-4107, prior to their repeal, or K.S.A. 21-6204, and amendments thereto, in or upon the Licensee's Place of Business. 
2. B.
   After at least five days notification to any person holding any license issued under this Chapter that the Governing Body of the City is, on a date certain, to take some action on such license, the Governing Body may revoke or suspend such license for any of the following reasons: 

   1. 1.
      The Licensee has violated any of the provisions of K.S.A. 41-2701, et seq., and amendments thereto, this Chapter or any rule or regulations made by the Governing Body as the case may be;
   2. 2.
      Drunkenness of the Licensee at the Licensee’s Place of Business or permitting any intoxicated person to remain in or upon the Licensee's Place of Business. For purposes of this subsection the term "drunkenness" shall mean that a person's faculties, physical and/or mental, are impaired by the consumption of alcohol;
   3. 3.
      The sale of Cereal Malt Beverages, Low-Alcohol Beer or Non-alcoholic Malt Beverages to any person under the legal age for consumption of Cereal Malt Beverage, Low-Alcohol Beer or Non-alcoholic Malt Beverage; 
   4. 4.
      Permitting any person to mix drinks with materials purchased in or upon the Place of Business or brought in for that purpose; 
   5. 5.
      The sale or possession of, or permitting any person to use or consume on the licensed premises any Alcoholic Liquor, except Low-Alcohol Beer; or
   6. 6.
      The Licensee has been convicted of a violation of the beer and cereal malt beverage keg registration act.
3. C.
   The provisions of subsections B(4) and (5) shall not apply if the Place of Business or premises are also currently licensed as a club or drinking establishment under the club and drinking establishment act.
4. D.
   Revocation and Suspension. When a license is suspended or revoked, the Licensee is not allowed to sell Cereal Malt Beverage on the premises, nor may Cereal Malt Beverage be possessed or consumed on the premises. In order to be fair and consistent in the application of suspension and revocations, the City Manager may adopt a policy establishing recommended sanctions for violations of this Chapter.

   1. 1.
      A suspension of a license may be for any period of time in the current licensing period. Once a suspension has been completed, the Licensee may reopen without reapplying for a cereal malt beverage license for the current licensing period.
   2. 2.
      A revocation of a license has the effect of removing the Licensee's license for the remainder of the licensing period. Revocation, by itself, does not prohibit the Licensee from applying for a cereal malt beverage license for the next licensing year nor prohibit the application of a different Licensee.
5. E.
   Appeal. Within 20 days after the order of the Governing Body revoking or suspending any license the Licensee may appeal to the district court and the district court shall proceed to hear such appeal as though such court had original jurisdiction of the matter. Any appeal taken from an order revoking or suspending the license shall not suspend the order of revocation or suspension during the pendency of any such appeal. Provided further that no person who has had a proprietary interest in a Licensee whose cereal malt beverage, low-alcohol beer, and non-alcoholic malt beverage license is revoked as hereinbefore provided, or any person acting for or on such person's behalf, shall be granted a license for the sale of Cereal Malt Beverage, Low-Alcohol Beer, and Non-alcoholic Malt Beverages within the City, for a period of 180 days following the date of revocation of the license; provided further that no person who has had a proprietary interest in a Licensee whose Cereal Malt Beverage, Low-Alcohol Beer and Non-Alcoholic Malt Beverage license has been revoked as hereinbefore provided shall be employed in a Place of Business which sells or distributes Cereal Malt Beverages or Non-alcoholic Malt Beverages for consumption on the premises, for a period of 180 days following the date of revocation of the license.

(History: Ord. CMB- 3365, §7, 2022; Ord. CMB-3237 §5, 2019; Ord. CMB-2388 §2, 2002; CMB-1939 §1, 95; CMB-1654 §7, 90; CMB-1450 §4, 87; CMB-1319 §6, 85; CMB-1145 §3, 81; CMB-1041 §3, 79) (State Law: K.S.A. 41-2708)

Effective on: 1/1/1901