Title 5 - Business Licenses and Regulations

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.  
2. 3. 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.
4. 4. 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.
   5. 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.
   6. 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
   7. 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
   8. 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
   9. 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
   10. 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
   11. 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
   12. 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. 
   13. 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.
   14. 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.
5. 15. 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.
   16. 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