Title 5 - Business Licenses and Regulations

5.22.060 Revocation of Permit.

1. A.

   The Governing Body shall immediately revoke the CCA permit of any CCA permit holder whenever its state permit is revoked by the State for any reason.

2. B.

   The Governing Body, upon 5 days written notice to a CCA permit holder, may assess an administrative penalty not to exceed $1,000.00 and/or suspend the CCA permit for a period not to exceed 30 days, or may revoke the CCA permit, for any of the following reasons:

   1. 1.

      If the CCA permit holder has fraudulently obtained the CCA permit by giving false information in the application therefor or any hearing thereon;

   2. 2.

      If the CCA permit holder, manager, employee or agent has violated any of the provisions of this Chapter, any provision or condition of the CCA permit; any provision of the Unified Development Code or Overland Park Municipal Code, including but not limited to health, housing or fire codes or the maximum occupant load of any such building or premises; or any state or federal law;

   3. 3.

      If the CCA permit holder has become ineligible to obtain a CCA permit under this Chapter;

   4. 4.

      The CCA permit holder's manager or employee has been intoxicated while on duty;

   5. 5.

      If the CCA permit holder or its manager or employee has permitted any disorderly person to remain on premises where alcoholic liquor or cereal malt beverage is allowed to be consumed;

   6. 6.

      If there has been a violation by such CCA permit holder of a provision of the laws of this City or any other municipality or this State or of any other state pertaining to the sale of intoxicating or alcoholic liquors or cereal malt beverages, or any crime involving a morals charge on premises where alcoholic liquor or cereal malt beverage is consumed; or

   7. 7.

      There has been a violation of K.S.A. Supp. 21-6204 (maintaining, permitting a public nuisance) and amendments thereto, in or upon the premises of the CCA permit.

3. C.

   In any hearing before the Governing Body pursuant to this Section, a certified copy of conviction from any local, state, or federal court, for any violation contained within Subsection B is prima facie evidence of violation. For the purposes of this Section, “conviction” shall include being adjudged guilty upon entering a plea of no contest.

4. D.

   Within 30 days after the Governing Body’s revocation or suspension of a CCA permit, the CCA permit holder may appeal such order to the Johnson County District Court in the manner as provided by law; provided that any appeal taken from an order revoking the CCA permit shall not suspend the order of revocation during the pendency of such appeal. In case of the revocation of a CCA permit, no new CCA permit shall be issued to such person or to any person acting for or on such person's behalf, for a period of 1 year after the revocation becomes effective.

(History: Ord. ABC-3368 §8, 2022; Ord. ABC-3215 §7, 2018)

Effective on: 1/1/1901