Title 5 - Business Licenses and Regulations

5.48.080 Hours for Selling - Minors - Persons Hired - Compliance with Sanitary Regulations.

1. A.
   Hours of Operation.

   1. 1.
      Retailers. No retailer or retailer's agent or employee shall sell any alcoholic liquor or cereal malt beverage during the following times:

      1. a.
         Before 9:00 a.m. or after 11:00 p.m. Monday through Saturday; or
      2. b.
         Before 9:00 a.m. or after 8:00 p.m. on Sunday; or
      3. c.
         On Easter Sunday, Thanksgiving Day or Christmas Day.
   2. 2.
      Microbreweries, Microdistilleries and Farm Wineries. A microbrewery, microdistillery or farm winery may sell the type of alcoholic liquor it is permitted by state law to sell to consumers for consumption off the licensed premises any time between 6:00 a.m. or after 12:00 a.m. on any day.
2. B.
   Standards of Conduct.

   1. 1.
      Retailers. No retailer or retailer's agent or employee shall:

      1. a.
         Sell, give away, dispose of, exchange or deliver any alcoholic liquor or cereal malt beverage to any person under the age of 21 or allow any person under the age of 21 to possess alcoholic liquor or cereal malt beverages upon the licensed premises, except as permitted by K.S.A. 41-727, and amendments thereto; or
      2. b.
         Knowingly sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor or cereal 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 such liquor; or
      3. c.
         Sell or offer for sale any powdered alcohol; or 
      4. d.
         Permit the consumption of alcoholic liquor or cereal malt beverage in or about the place of business, except for samples in conjunction with K.S.A. 41-308d, and amendments thereto; or
      5. e.
         Permit any person to mix drinks in or on the licensed premises, except for samples in conjuction with K.S.A. 41-308d, and amendments thereto; or 
      6. f.
         Employ any person under the age of 21 in connection with the operation or such retail establishment; or
      7. g.
         Employ any person who has been convicted of a felony or any violation of the alcoholic liquor laws of this city or this state or any other city or state or of the United States; or
      8. h.
         Fail to comply with the sanitary, health, and fire safety regulations and ordinances of this city.
   2. 2.
      Microbreweries, Microdistilleries and Farm Wineries. No microbrewery, microdistillery or farm winery or their agent or employee shall:

      1. a.
         Employ any person under the age of 18 years in connection with the manufacture, sale or serving of any alcoholic liquor; or
      2. b.
         Permit any employee of the licensee who is under the age of 21 years to work on the licensed premises at any time when not under the on-premises supervision of either the licensee or an employee of the licensee who is 21 years of age or over; or
      3. c.
         Employ any person under 21 years of age in connection with mixing or dispensing alcoholic liquor; or
      4. d.
         Employ any person in connection with the manufacture or sale of alcoholic liquor if the person has been convicted of a felony; or
      5. e.
         Knowingly sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person who is an incapacitated person, or any person who is physically or mentally incapacitated by the consumption of such liquor; or
      6. f.
         Sell or offer for sale any powdered alcohol; or
      7. g.
         Fail to comply with the sanitary, health, and fire safety regulations and ordinances of this city.

(History: Ord. AL-3366 §5, 2022; Ord. AL-3326 §2, 2021; Ord. AL-3242 §6, 2019; Ord. AL-2566 §2, 2005; AL-2447 §1, 2003; AL-1874A §1, 94; AL-1874 §1, 94; AL-1320 §5, 85; AL-75 §4, 60; POC-625 §24, 72)

(State Law: K.S.A. 41-308a; K.S.A. 41-308b; K.S.A. 41-308d; K.S.A. 41-354; K.S.A. 41-712; K.S.A. 41-713; K.S.A. 41-714; K.S.A. 41-715; K.S.A. 41-727)

Effective on: 1/1/1901