Title 5 - Business Licenses and Regulations

5.20 Private Clubs, Drinking Establishments, and Caterers1

  1. 1.
    For statutory provisions authorizing the levying of a maximum $250 annual occupational tax on Class B Private Clubs, see K.S.A. 41-2627.

5.20.120 Suspension of License by Chief Of Police.

  1. A.
    The Chief of Police, upon five days' written notice, and subsequent to conduct of a hearing shall have the authority to suspend such license for a period not to exceed 30 days for any of the reasons set forth at Section 5.20.115(B) (2), (4), (5), (7), (8), (9), (13) and (14), which reason does not, in the judgment of the Chief of Police, justify a recommendation of revocation; provided. 
  2. B.
    The licensee may appeal an order of suspension pursuant to this Section by filing with the City Clerk a written notice of appeal to the Governing Body within seven days of the suspension by the Chief of Police. The notice of appeal shall specify:
    1. 1.
      The name and address of the appellant;
    2. 2.
      The date of the license's suspension; and 
    3. 3.
      The factual basis for the appeal.

       

      Upon receipt of a complete and timely filed notice of appeal, the City Clerk shall schedule a hearing before the Governing Body, no later than 30 days from the date of the filing of the notice of appeal. Any appeal shall stay the suspension of the license until the matter is heard by the Governing Body. The Governing Body may approve or overrule the license suspension or may modify the decision to suspend the license. In any hearing before the Governing Body pursuant to this Section, a certified copy of a conviction from any local, state, or federal court for any violation is prima facie evidence of such violation. 

  3. C.
    The Governing Body's decision may be appealed to the Johnson County District Court of the State of Kansas pursuant to K.S.A. 60-2101, and amendments thereto. Any such appeal to the District Court shall not stay the suspension or any modification imposed thereupon by the Governing Body.
  4. D.
    The Chief of Police shall notify the City Manager and City Clerk prior to making a suspension hereunder.

(History: Ord. CDC-3369 §14, 2022; Ord. CDC-2178 §14, 99; CDC-2102 §5, 98; CDC-1653A §1, 91; CDC-1653 §1, 90)

Effective on: 1/1/1901