Title 5 - Business Licenses and Regulations

5.20.115 Revocation of license.

1. A.
   The City Clerk shall immediately revoke the license of any Licensee whenever the state license of the Licensee is revoked by the state for any reason.
2. B.
   The Governing Body, upon providing five days' written notice to a Licensee, after conducting a hearing, may assess a fine not to exceed $500.00, may assess such fine and/or suspension for a period not to exceed 90 days or may revoke 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 or any hearing thereon;
   2. 2.
      The Licensee, manager, Employee or agent has violated any of the provisions of this Chapter or any rule or regulation by the Governing Body of the City concerning Alcoholic Liquor or Cereal Malt Beverage;
   3. 3.
      The Licensee has become ineligible to obtain a license or permit under this title;
   4. 4.
      The Licensee's manager or employee has been intoxicated while on duty; 
   5. 5.
      The sale or gift of Cereal Malt Beverage or Alcoholic Liquor to a Minor by a Licensee, his manager or Employee;
   6. 6.
      The nonpayment of any license tax payable pursuant to this Chapter;
   7. 7.
      For a Licensee, his manager or Employee to permit gambling in or upon Premises selling Alcoholic Liquor;
   8. 8.
      The Licensee or its manager or Employee, has  permitted any disorderly Person to remain on Premises where Alcoholic Liquor is sold by such Licensee;
   9. 9.
      There has been a violation of a provision of the laws of this City or of this state or of any other state or the United States pertaining to the sale of intoxicating or Alcoholic Liquors or Cereal Malt Beverage, or any crime involving a Morals Charge on Premises where Alcoholic Liquor or Cereal Malt Beverage is sold by such Licensee;
   10. 10.
       The Licensee or its managing officers or any Employee has purchased and displayed, on Premises where Alcoholic Liquor or Cereal Malt Beverage is sold by such Licensee, a federal waging occupational stamp issued by the United States Treasury Department;
   11. 11.
       The Licensee or its managing officers or any Employee, has purchased and displayed, on Premises where Alcoholic Liquor or Cereal Malt Beverage is sold by such Licensee, a federal coin-operated gambling device stamp for the Premises issued by the United States Treasury Department;
   12. 12.
       The Licensee holds a license as a Class B Club, Drinking Establishment or Caterer and has been found guilty of a violation of Article 10 of Chapter 44 of the Kansas Statutes Annotated, and amendments thereto, under a decision or order of the Kansas Human Rights Commission that has become final or such Licensee has been found guilty of a violation of K.S.A. 21-4003, prior to its repeal, or K.S.A. 2020 Supp. 21-6102, and amendments thereto;
   13. 13.
       For knowingly selling or providing Alcoholic Liquor to any Person who is intoxicated;
   14. 14.
       Failure to pay a fine assessed by the Governing Body within 30 days of the date such fine was imposed;
   15. 15.
       Violation of any provisions of K.S.A. 41-1201 et seq. or K.S.A. 41-2601, et seq.
   16. 16.
       There has been a violation of K.S.A. 21-4106 or 21-4107, prior to their repeal, K.S.A. 21-6204, and amendments thereto, on Premises where Alcoholic Liquor or Cereal Malt Beverage is sold by such Licensee;
   17. 17.
       Violation of Overland Park Municipal Code section 7.08.002.
3. C.
   If any of the grounds for revocation enumerated in Subsection (B) of this Section are violated by an Employee or manager, then in the absence of proof of knowledge by the Licensee, there shall be no revocation, except as herein provided, but there may be a suspension of not more than thirty days. In any event if any Licensee is subject to more than two such suspensions in any twelve-month period, the Licensee's license may be revoked on the third such violation.
4. D.
   Within 30 days after the order of the Governing Body or the City Clerk revoking or suspending any license, the Licensee may appeal from such order to the district court of the county in the manner as provided by law; provided that any appeal taken from an order revoking or suspending any such license shall not suspend the order during the pendency of such appeal. In 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 becomes effective.

(History: Ord. CDC-3369 §13, 2022; Ord. CDC-2875 §10, 2010; CDC-2178 §13, 99; CDC-2102 §4, 98; CDC-1963 §4, 95; CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-2611)

Effective on: 1/1/1901