Title 5 - Business Licenses and Regulations

5.12 Cereal Malt Beverages1

  1. 1.
    For statutory provisions regarding the licensing and regulation of sales of cereal malt beverages, see K.S.A. 41-2701 et seq.
Contents:

5.12.010 Definitions.

As used in this Chapter, the words and phrases defined in this Section shall have the following meanings, unless the context otherwise requires.

  1. A.

    Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted, whatever its origin, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol. (See K.S.A. 41-102(a))

Effective on: 1/1/1901

  1. B.

    Alcoholic Candy means:

    1. 1.
      For purposes of manufacturing, any candy or other confectionary product with an alcohol content greater than 0.5% alcohol by volume; and
    2. 2.
      For purposes of sale at retail, any candy or other confectionary product with an alcohol content greater than 1% alcohol by volume. (See K.S.A. 41-102(b)) 

 

Effective on: 1/1/1901

  1. C.
    Alcoholic liquor means Alcohol, Spirits, Wine, Beer, Alcoholic Candy, and every liquid or solid, patented or not, containing Alcohol, Spirits, Wine, or Beer and capable of being consumed by a human being, but shall not include any Cereal Malt Beverage. (See K.S.A. 41-102(c))

Effective on: 1/1/1901

  1. D.
    Beer, when its meaning is not enlarged, modified, or limited by other words, means a beverage, containing more than 3.2% alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager beer, porter and similar beverages having such alcoholic content. (See K.S.A. 41-102(d))
    1. 1.
      Low-alcohol Beer means beer containing not more than 6% alcohol by volume.

Effective on: 1/1/1901

  1. E.
    Calendar Year means January 1st to December 31st, both dates inclusive, of each year.

Effective on: 1/1/1901

  1. F.
    Cereal Malt Beverage or CMB includes any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage, as defined in K.S.A. 41-2729, and amendments thereto, but does not include any such liquor which contains more than 3.2% alcohol by weight. (See K.S.A. 41-2701(a))

Effective on: 1/1/1901

  1. G.
    The City or "this City" means the City of Overland Park, Kansas.

Effective on: 1/1/1901

  1. H.
    The County or this County means Johnson County, Kansas.

Effective on: 1/1/1901

  1. I.
    Director means the Director of Alcoholic Beverage Control of the Kansas Department of Revenue. (See K.S.A 41-2107(b))

Effective on: 1/1/1901

  1. J.
    Drink means an individual serving of Cereal Malt Beverage, Low-Alcohol Beer or Non-alcoholic Malt Beverage.

Effective on: 1/1/1901

  1. K.
    General Retailer is a person who has a license to sell Cereal Malt Beverages, Low-Alcohol Beer and Non-alcoholic Malt Beverages at retail for consumption on the licensed premises. (See K.S.A. 41-344 and K.S.A. 41-2701(e))

Effective on: 1/1/1901

  1. L.
    Governing Body means the Mayor and Council of this City.

Effective on: 1/1/1901

  1. M.
    Hard Cider means any alcoholic beverage that:
    1. 1.
      Contains less than 8.5% alcohol by volume;
    2. 2.
      Has a carbonation level that does not exceed 6.4 grams per liter; and
    3. 3.
      Is obtained by the normal alcoholic fermentation of the juice of sound, ripe apples or pears, including such beverages containing sugar added for the purpose of correcting natural deficiencies. (See K.S.A. 41-102(p)) 

Effective on: 1/1/1901

  1. N.

    Legal Age for Consumption of Cereal Malt Beverage means 21 years of age. (See K.S.A. 41-2701(h))

Effective on: 1/1/1901

  1. O.
    Licensee means the Person to whom the license required under this Chapter is issued as well as any manager, agent or employee of such Person at the licensed Place of Business.

Effective on: 1/1/1901

  1. P.
    Limited Retailer is a Person who has a license to sell Cereal Malt Beverages, Low-Alcohol Beer and Non-alcoholic Malt Beverages at retail only in original and unopened containers and not for consumption on the premises. (See K.S.A. 41-344 and K.S.A. 41-2701(e))

Effective on: 1/1/1901

  1. Q.
    Non-alcoholic Malt Beverage means a beverage containing less than 0.5% alcohol by volume obtained by alcohol fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager beer, porter and similar beverages having such alcoholic content. (See K.S.A. 41-343)

Effective on: 1/1/1901

  1. R.
    Person means any individual, firm, corporation or association. (See K.S.A. 41-2701(d))

Effective on: 1/1/1901

  1. S.
    Place of Business means any place at which Cereal Malt Beverages, Low-Alcohol Beer or Non-alcoholic Malt Beverages are sold. (See K.S.A. 41-344 and K.S.A. 41-2701(f))

Effective on: 1/1/1901

  1. T.
    Morals Charge means and includes those charges involving the sale of sexual relations, procuring any Person; soliciting of a child under 18 for any immoral act involving sex; possession or sale of narcotics, marijuana, amphetamines or barbiturates; rape; incest; gambling; illegal cohabitation; adultery; bigamy; crimes against nature, or lewd and lascivious behavior. (See K.S.A. 41-2601(o))

Effective on: 1/1/1901

  1. U.
    Sale at Retail, Sell at Retail and Retail Sale means sales for use or consumption and not for resale in any form.

Effective on: 1/1/1901

  1. V.
    Spirits means any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances. (See K.S.A. 41-102(ii))

Effective on: 1/1/1901

  1. W.
    The State or this State means the State of Kansas.

Effective on: 1/1/1901

  1. X.
    Wine means any alcoholic beverage obtained by the normal alcoholic fermentation of the juice of sound, ripe grapes, fruits, berries or other agricultural products, including such beverages containing added alcohol or spirits or containing sugar added for the purpose of correcting natural deficiencies. The term "Wine" shall not include Hard Cider and any other product that is commonly known as a subset of Wine. (See K.S.A. 41-102(ll))

(History: Ord. CMB-3365 §1, 2022; Ord. CMB-3237 §1, 2019; Ord. CMB-2874 §1, 2010; CMB-2186 §1, 99; CMB-1654 §1, 90; CMB-1450 §1, 87; CMB1380 §1, 86; CMB-1319 §1, 85; CMB-1041 §1, 79; CMB-861) (State Law: K.S.A. 41-2701)

Effective on: 1/1/1901

5.12.020 License Required - Unlawful Acts.

  1. A.
    Subject to Subparagraph B, no Person shall sell any Cereal Malt Beverage, Low-Alcohol Beer or Non-alcoholic Malt Beverage within the City limits without having in their possession a valid, unexpired, unrevoked license issued by the City for the Place of Business at which such Retail Sales are made, or a valid, unexpired, unrevoked special event retailers' permit issued pursuant to Section 5.12.045. It is unlawful for any Person holding:
    1. 1.
      Only a General Retailer ​​​​​​​license as defined in this Chapter​​​​​​​ ​​​​​​​ to sell at Retail any Cereal Malt Beverages, Low-Alcohol Beer, Non-alcoholic Beer or Non-alcoholic Malt Beverages for consumption off the premises or​​​​​​​ in any other manner than is provided for in the license; and
    2. 2.
      Only a Limited Retailer license as defined in this Chapter​​​​​​​ ​​​​​​ to sell Cereal Malt Beverages or Low-Alcohol Beer for consumption on​​​​​​​ the premises or in any other manner than is provided for in the license​​​​​​​. 
  2. B.
    Subparagraph A, shall not apply to Persons issued a valid, unexpired, unrevoked license by the City to operate as a Retailer of Alcoholic Liquor under Overland Park Municipal Code Chapter 5.48 or a Class A Club, Class B Club, Drinking Establishment, Public Venue, Caterer, or Temporary Permit Holder under Overland Park Municipal Code Chapter 5.20.
  3. C.
    Nothing contained in this Chapter shall prohibit the serving of complimentary Alcoholic Liquor or Cereal Malt Beverages:
    1. 1.
      On the unlicensed premises of a business by the business owner or owner’s agent at an event sponsored by a nonprofit organization promoting the arts and which has been approved by ordinance or resolution of the City if the director of the alcoholic beverage control has been notified thereof no less than 10 days in advance;
    2. 2.
      At fund raising activities of charitable organizations as defined by K.S.A. 17-1760, and amendments thereto, and as qualified pursuant to 26 U.S.C.​​​​​​​ 501(c) and by committees formed pursuant to K.S.A. 25-4142 et seq., and amendments thereto. The serving of such Alcoholic Liquor at such fund raising activities shall not constitute a sale pursuant to this Chapter, nor require any such fund raising activity to obtain a license or a temporary permit; or
    3. 3.
      The provision of alcoholic liquor or cereal malt beverage as a prize for a charitable raffle conducted in accordance with K.S.A. 75-5171 et seq., and amendments thereto, except that no such prize shall be provided to any person under 21 years of age. 
  4. D.
    An unlicensed business may authorize patrons or guests of such business to consume alcoholic liquor on the premises of such business in accordance with K.S.A. 41-719(j), and amendments thereto. Such alcoholic liquor must be removed from the premises by the patron who has personal possession of the alcoholic liquor.
    1. 1.
      For the purposes of this section, the term "guest" shall mean the same as defined as K.S.A. 41-104, and amendments thereto.
    2. 2.
      For the purposes of this section, the term "patron" shall mean the same as defined by K.S.A. 41-719, and amendments thereto. ​​​​​​​ 

 

(History: Ord. CMB-3409 §1, 2023; ​​​​​​​Ord. CMB-3365  §2, 2022; Ord. CMB-3237 §2, 2019; Ord. CMB-2874 §2, 2010; CMB-2186, §2, 99; CMB-1654 §2, 90; CMB-1319 §2, 85; CMB-76 §2, 60) (State Law: K.S.A. 41-2702; K.S.A. 41-104; K.S.A. 41-719)

Effective on: 1/1/1901

5.12.030 Application for License - Investigation.

Any Person desiring to secure a license under the provisions of this Chapter shall make a verified application to the City Clerk and accompany the application by the required license fee for the Place of Business for which a license is required. The application shall be made upon a form which shall have been approved by the Attorney General of the State and shall contain:

  1. A.
    The name and residence of the applicant;
  2. B.
    The length of time that the applicant has resided within the State of Kansas;
  3. C.
    The particular place for which a license is desired;
  4. D.
    The name of the owner of the premises upon which the Place of Business is located;
  5. E.
    A statement that the applicant is a citizen of the United States and not less than 21 years of age and that the applicant has not within two years immediately preceding the date of making application, been convicted of a felony or any crime involving a Morals charge, or drunkenness, or driving a motor vehicle while under the influence of intoxicating liquor, or operating or attempting to operate a motor vehicle while the Alcohol concentration in the Person's blood or breath is .08 or more, as measured from samples taken within two hours after the Person operated or attempted to operate the vehicle, or the violation of any other law of this City or State or any other city or state or of the United States pertaining to Alcoholic Liquor or Cereal Malt Beverages or Non-alcoholic Malt Beverages.

One copy of such application shall be transmitted by the City Clerk to the Chief of Police for investigation of the applicant and inspection of the Place of Business for which a license is desired. The Chief of Police shall investigate such application and determine whether the applicant is qualified to receive a license under the provisions of this Chapter and shall report the findings and recommendations made to the City Clerk.

 

(History: Ord. CMB-2874 §3, 2010; CMB-2186 §3, 99; CMB-2101 §1, 98; CMB-1654 §3, 90; CMB-1319 §3, 85; Modified during codification under authority of K.S.A. 12-3015; Ord. CMB-76 §3, 60) (State Law: K.S.A. 41-2703)

Effective on: 1/1/1901

5.12.040 License Fees - Nontransferability.

  1. A.
    The following applications shall be filed with the City Clerk and be accompanied by a non-refundable permit fee (set by resolution):
    1. 1.
      General Retailer License. For each Place of Business selling Cereal Malt Beverages, Low-Alcohol Beer, or Non-alcoholic Malt Beverages at retail for consumption on the licensed premises;
    2. 2.
      Limited Retailer License. For each Place of Business selling only at retail, Cereal Malt Beverages, Low-Alcohol Beer, or Non-alcoholic Malt Beverages in original and unopened containers and not for consumption on the licensed premises.
    3. 3.
      Special Event Retailers' Permit. For each special event retailers' permit offering for sale, selling and serving cereal malt beverage for consumption on unpermitted premises.
  2. B.
    Except as provided otherwise herein, the license fee shall be assessed and issued for a one year term. No license or permit issued under this Chapter shall be transferable to another Person.

(History: Ord. CMB-3365 §3, 2022; Ord. CMB-3237 §3, 2019; Ord. CMB-2874 §4, 2010; CMB-2224 §1, 2000; CMB-2186 §4, 99; CMB-1654 §4, 90; CMB-861 §2, 76; CMB-76B §4, 60) (State Law: K.S.A. 41-2702; K.S.A. 41-2703)

Effective on: 1/1/1901

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.

  1. D.
    Term of Permit. Contents: Any special event retailers’ permit issued hereunder shall be valid for a period not to exceed thirty days.
  2. 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.
  3. 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.
  4. 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

5.12.050 Examination of Application - Issuance of License - Disqualifications.

  1. 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.

  2. 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.
  3. 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

5.12.060 Regulations - Hours of Operation - Standards of Conduct - Minors - Alcoholic liquor - Sanitation.

  1. A.
    Hours of Operation.
    1. 1.
      A limited retailer who is licensed to sell Cereal Malt Beverages, Low-Alcohol Beer, or Non-alcoholic Malt Beverages at retail in the original package may sell Cereal Malt Beverages, Low-Alcohol Beer, or Non-alcoholic Malt Beverages (a) every Sunday, except Easter Sunday, between 9 a.m. and 8 p.m.; and every Monday through Saturday, between 6 a.m. and 12 midnight. 
    2. 2.
      A general retailer who is licensed to sell Cereal Malt Beverage, Low-Alcohol Beer, and Non- alcoholic Malt Beverage for consumption on the premises may sell Cereal Malt Beverage, Low-Alcohol Beer, and Non-alcoholic Malt Beverages between the hours of 6:00 a.m. and 12 midnight (a) every Monday  through Saturday; and (b) every Sunday, except Easter.  
    1. 3.
      Special event retailers' permit holders shall not be issued such permits to offer for sale, sell, and serve Cereal Malt Beverage, Low-Alcohol Beer, and Non-alcoholic Malt Beverages at any time the sale of such beverages is prohibited in subparagraph A.2 above.
  3. B
    Standards of Conduct.
    1. 1.
      No Licensee shall permit private rooms or closed booths to be operated in a Place of Business, but this provision shall not apply if the licensed premises are also currently licensed as a club pursuant to the club and drinking establishment act.
    2. 2.
      Each Place of Business shall be open to the public and to law enforcement officers of the City at all times during business hours by the Licensee, except that a premises licensed as a club pursuant to the club and drinking establishment act shall be open to law enforcement officers and members but not to the general public.
    3. 3.
      Except as otherwise provided by this Section, no Licensee shall permit a person under the legal age for consumption of Cereal Malt Beverage, Low-Alcohol Beer, and Non-alcoholic Malt Beverage to consume or purchase, any Cereal Malt Beverage, Low-Alcohol Beer, and Non-alcoholic Malt Beverage, in or about a Place of Business. A Licensee's employee who is not less than 18 years of age may dispense or sell Cereal Malt Beverage, Low-Alcohol Beer, and Non-alcoholic Malt Beverage if:
      1. a.
        the Licensee's Place of Business is licensed only to sell at retail Cereal Malt Beverage, Low-Alcohol Beer, and Non-alcoholic Malt Beverage in the original package and not for consumption on the premises; or
      2. b.
        the Licensee's Place of Business is a licensed food service establishment, as defined by K.S.A. 36-501 and amendments thereto, and not less than 50% of the gross receipts from the Licensee's Place of Business is derived from the sale of food for consumption on the premises of the licensed Place of Business.
    1. 4.
      No Licensee shall permit any person to have any alcoholic liquor except Low-Alcohol Beer in such person's possession while in a Place of Business, unless the premises are currently licensed as a club or drinking establishment pursuant to the club and drinking establishment act or the business is a farm winery licensed pursuant to K.S.A. 41-316, and amendments thereto, or a producer licensed pursuant to K.S.A. 41-355, and amendments thereto.
    2. 5.
      Cereal Malt Beverages or Non-alcoholic Malt Beverages may be sold on premises which are licensed pursuant to both the cereal malt beverage act and the club and drinking establishment act at any time when alcoholic liquor is allowed by law to be served on the premises.
    3. 6.
      No Licensee shall knowingly sell, give away, dispose of, exchange or deliver any cereal malt beverage, low-alcohol beer, or non-alcoholic malt beverage to or for any person who is an incapacitated person, or any person who is physically or mentally incapacitated by the consumption of Cereal Malt Beverage, Low-Alcohol Beer, or Non-alcoholic Malt Beverage
    4. 7.
      No Licensee shall offer or serve any free cereal malt beverage or non-alcoholic malt beverage or alcoholic liquor in any form to any person; or
    5. 8.
      No Licensee shall offer to serve to any person a drink at a price that is less than the acquisition cost of the drink to the Licensee; or
    6. 9.
      No Licensee shall sell, offer to sell or serve to any person an unlimited number of drinks during any set period for a fixed price except at private functions not open to the general public; or
    7. 10.
      No Licensee shall encourage or permit on the licensed premises, any game or contest which involves drinking Cereal Malt Beverage, Low-Alcohol Beer, or Non-alcoholic Malt Beverage or the awarding of drinks as prizes; or
    8. 11.
      No Licensee shall advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections 7 through 10; or
    9. 12.
      Nothing in subsections 7 through 11 shall be construed to prohibit a Licensee from: 
      1. a.
        Offering free food or entertainment at any time; or
      2. b.
        Selling, offering to sell and serving individual drinks at different prices throughout any day; or
      3. c.
        Selling or serving Cereal Malt Beverage, Low-Alcohol Beer, or Non-alcoholic Malt Beverage in a pitcher containing not more than 64 ounces of fluid. 
    10. 13.
      Every Licensee shall make available at any time upon request a price list showing the Licensee's current prices for all Cereal Malt Beverage, Low-Alcohol Beer, or Non-alcoholic Malt Beverage.
    11. 14.
      The Licensee, in the operation of such Place of Business, shall at all times comply with the sanitary, health, building and fire code regulations and all ordinances of the city.
    1. 15.
      The Licensee shall notify the City Clerk's office of any change in the manager, owner or incorporators of the Licensee's Place of Business, and the notification must be received in the City Clerk's office within 10 days of such change.
    2. 16.
      A violation of, or non-compliance with, the provisions of this section shall be grounds for the suspension or revocation of such license under the provisions of 5.12.070.

(History: Ord. CMB-3409 §2, 2023; ​​​​​​​Ord. CMB-3365 §6, 2022; Ord. AL-3326 §1, 2021; Ord. CMB-3237 §4, 2019; Ord. AL-2591 §1, 2005; AL-2566 §1, 2005; CMB-2460 §1, 2004; NOI-2287 §7, 2001; CMB-2247 §1, 2001; CMB-1873 §1, 94; CMB-1654 §6, 90; CMB-1450 §3, 87; CMB-1446 § 1, 87; CMB-1380 §2, 86; CMB-1319 §5, 85; CMB-1176 §1, 82; CMB-1145 §2, 81) (State Law: K.S.A. 41-2704; K.S.A. 41-2722)

Effective on: 1/1/1901

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

5.12.090 Change of Location.

The Place of Business of any Licensee may be changed from one location to another within the City upon special application to the City Clerk showing the same information relating to the proposed location as in the case of an original application. Such application shall be accompanied by a non-refundable application fee (set by resolution). If the application is in proper form, the location is not in a prohibited zone, and all other requirements relating to such Place of Business are met, a new license shall be issued for the new location for the balance of the year for which a current license is held by the Licensee.

(History: Ord. CMB-3365, §8, 2022; Ord. CMB-3237 §7, 2019; Ord. CMB-2874 §6, 2010; CMB-76 §9, 60)

Effective on: 1/1/1901

5.12.160 Private Property.

Nothing in this chapter shall be deemed to prevent, regulate or control the consumption of cereal malt beverage, non-alcoholic malt beverages and alcoholic liquor upon private property by those occupying such private property as the owner, or as a lessee of an owner and by the guests of the owner or lessee, provided that no charge is made by the owner or lessee for the serving or mixing of any drink or drinks of cereal malt beverage, non-alcoholic malt beverages or alcoholic liquor or for any substance co-mixed with such beverages.

(History: Ord. CMB-1654 §10, 90; CMB-1319 §13, 85; CMA-353 §3, 65)

Effective on: 1/1/1901

5.12.180 Violation - Penalty.

Any person, convicted of a violation of this chapter shall be fined not less than $100.00 nor more than $500.00 or imprisoned for a maximum of one year, or both such fine and imprisonment in addition to any action that may be taken pursuant to 5.12.070.

(History: Ord. CMB-3365 §9, 2022; Ord. CMB-1319 §14, 85; Amended during codification in accordance with K.S.A. 12-3015; Ord.CMA-353 §6, 65; CMB-SM-179 §3, 63; CMB-76 §12, 60)

Effective on: 1/1/1901

5.12.190 Separability.

If any part or parts of this ordinance shall be held to be invalid, such invalidity shall not affect the validity of the remaining parts of this ordinance. The Governing Body hereby declares that it would have passed the remaining parts of this ordinance if it had known that such part or parts thereof would be declared invalid.

(History: Ord. CMB-1319 §15, 85)

Effective on: 1/1/1901

5.12.200 Savings Clause.

Neither the adoption of this ordinance nor the repeal or amendment of any ordinance or part or portion thereof shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.

(History: Ord. CMB-1319 §16, 85)

Effective on: 1/1/1901