Title 5 - Business Licenses and Regulations

5.48 Alcoholic Liquor1

  1. 1.
    For statutory provisions regarding license fees and occupational tax for retailers of alcoholic liquor, see generally K.S.A. Chapter 41.
Contents:

 

5.48.010 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) for purposes of manufacturing, any candy or other confectionery product with an alcohol content greater than 0.5% alcohol by volume; and (2) for purposes of sale at retail, any candy or other confectionery 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.
    Cereal Malt Beverage means 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. F.
    Director means the director of alcoholic beverage control of the department of revenue. (See K.S.A. 41-102(h))

Effective on: 1/1/1901

  1. G.
    Farm Winery means a winery licensed by the director to manufacture, store and sell domestic table wine and domestic fortified wine. (See K.S.A. 41-102(n))

Effective on: 1/1/1901

  1. H.

    Hard Cider means any alcoholic beverage that: (1) contains less than 8.5% alcohol by volume; (2) has a carbonation level that does not exceed 6.4 grams per liter; and (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. I.

    Manufacture means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with any alcoholic liquor, beer or cereal malt beverage. (See K.S.A. 41-102(q))

Effective on: 1/1/1901

  1. J.
    Microbrewery means a brewery licensed by the director to manufacture, store and sell domestic beer and hard cider. (See K.S.A. 41-102(s))

Effective on: 1/1/1901

  1. K.
     ​​​​​​Microdistillery means a facility which produces spirits from any source or substance that is licensed by the director to manufacture, store and sell spirits. (See K.S.A. 41-102(t))

Effective on: 1/1/1901

  1. L.

    Nonbeverage User means a person that purchases alcohol or wine from a licensed manufacturer or distributor to be used solely for the following nonbeverage purposes: patent and proprietary medicines and medicinal, antiseptic and toilet preparations; flavoring extracts and syrups and food products; scientific, industrial and chemical products; or scientific, chemical, experimental or mechanical purposes. (See K.S.A. 41-309 and K.S.A. 41-501(e)(1))

Effective on: 1/1/1901

  1. M.
    Original package means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manufacturer or alcoholic liquor, to contain and to convey any alcoholic liquor. Original container does not include a sleeve. (See K.S.A. 41-102(w))

Effective on: 1/1/1901

  1. N.
    Retailer means a person who is licensed under the Kansas liquor control act and sells at retail or offers for sale at retail, alcoholic liquors or cereal malt beverages. Retailer does not include a microbrewery, microdistillery or a farm winery. (See K.S.A. 41-102(aa))

Effective on: 1/1/1901

  1. O.
    Person means any natural person, corporation, partnership, trust or associations. (See K.S.A. 41-102(x))

Effective on: 1/1/1901

  1. P.

    Powdered Alcohol means alcohol that is prepared in a powdered or crystal form for either direct use or for reconstitution in a nonalcoholic liquid. (See K.S.A. 41-102(y))  

Effective on: 1/1/1901

  1. Q.

    Sleeve means a package of two or more 50-millileter (3.2-fluid-ounce) containers of spirits. (See K.S.A. 41-102(hh))

Effective on: 1/1/1901

  1. M.
    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. N.
    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. Wine includes hard cider and any other product that is commonly known as a subset of wine. (See K.S.A. 41-102(ll))

(History: Ord. AL-3366, §1, 2022; Ord. AL-3242 §1, 2019; Ord. AL-1379 §1, 86; AL-1320 §1, 85; ABC-421 §1, 71) (State Law: K.S.A. 41-102)

Effective on: 1/1/1901

5.48.050 Levy.

  1. A.
    A biennial license tax is established and required for the following licensees (amount set by resolution):
    1. 1.
      Each Retailer of Alcoholic Liquor in the City which also has a Retailer's license issued by the Director. The tax levied in this Section shall be paid by the Retailer to the City Clerk before business is begun under an original state license and shall be paid within five days after any renewal of the state license. A retailer’s license shall allow the licensee to sell and offer for sale at retail and deliver in the original package alcoholic liquor and cereal malt beverage for use or consumption off and away from the premises specified in such license, and those activities authorized by K.S.A. 41-308 and K.S.A. 41-308d, and amendments thereto.
    2. 2.
      Each Microbrewery, Microdistillery, and Farm Winery in the City which also has such a license issued by the Director. The tax levied in this Section shall be paid by the Microbrewery, Microdistillery, or Farm Winery to the City Clerk before business is begun under an original state license and shall be paid within five days after any renewal of the state license. A Microbrewery, Microdistillery, and Farm Winery license shall allow the sale on the licensed premises in the original unopened container to consumers for consumption off the licensed premises, of alcoholic liquor manufactured by the licensee and the serving free of charge on the licensed premises and at special events of samples of alcoholic liquor manufactured by the licensee, and those activities authorized by K.S.A. 41-308a, K.S.A. 41-308b, or K.S.A. 41-354, and amendments thereto. A Farm Winery license shall allow the sale of wine manufactured by the licensee for consumption on the licensed premises.
    3. 3.
      Each Nonbeverage User in the City which also has a Nonbeverage User's license issued by the Director. The tax levied in this Section shall be paid by the Nonbeverage User to the City Clerk before business is begun under an original state license and shall by paid within five days after any renewal of the state license. A Nonbeverage User license shall allow the licensee to use alcohol or wine purchased from a licensed manufacturer or distributor solely for the following nonbeverage purposes: flavoring extracts and syrups and food products; patent and proprietary medicines and medicinal, antiseptic and toilet preparations; scientific, chemical, experimental or mechanical purposes. 
  2. B.
    Notwithstanding any other provision of law, failure to pay the full amount due under this paragraph on the date it is due shall result in the automatic cancellation of such license for the remainder of the license term. The City Clerk may, at the Clerk's sole discretion and after examination of the circumstances, extend the date payment is due pursuant to this paragraph for not more than 30 days beyond the date such payment is originally due. When the licensee pays the full amount of the license tax upon application and is prevented from operating under such license for reasons other than suspension or revocation of the license for the entire second year of the license term, a refund shall be made of one-half of the license fee paid by such licensee.
  3. C.
    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 describing the new location and upon the approval of the City Clerk and accompanied by a non-refundable application fee (set by resolution).

 

(History: Ord. AL-3366, §2, 2022; Ord. AL-3242 §3; Ord. AL-2876 §1, 2010; AL-1320 §2, 85; AL-75 §1, 60)

(State Law: K.S.A. 41-308; K.S.A. 41-308a; K.S.A. 41-308b; K.S.A. 41-308d; K.S.A. 41-310; K.S.A. 41-354)

Effective on: 1/1/1901

5.48.060 Presentation of License to Pay Tax.

The holder of a license for a microbrewery, microdistillery, farm winery, or the retail sale of alcoholic liquor, or nonbeverage user, as aforesaid, issued by the Director shall present such license to the City Clerk when applying to pay the license tax levied in 5.48.050 and the tax shall be received and a receipt shall be issued for the period covered by the state license.

(History: Ord. AL-3366, §3, 2022; Ord. AL-3242 §4, 2019; Ord. AL-1320 §3, 85; AL-75 §2, 60)

Effective on: 1/1/1901

5.48.070 Receipt to be Displayed.

Every licensee shall cause the City microbrewery, microdistillery, farm winery, alcoholic liquor retailer, or nonbeverage user license tax receipt to be placed in plain view, next to or below the state license in a conspicuous place on the licensed premises.

(History: Ord. AL-3366 §4, 2022; Ord. AL-3242 §5, 2019; Ord. AL-1320 §4, 85; AL-75 §3, 60) (State Law: K.S.A. 41-325)

Effective on: 1/1/1901

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

5.48.090 Penalties.

  1. A.
    Any person having a microbrewery, microdistillery, farm winery, nonbeverage user, or retailer's license to sell alcoholic liquor and cereal malt beverage, as provided in this chapter, who fails to pay the license tax herein levied and within the time prescribed herein, or who violates any other section in this chapter, shall:
    1. 1.
      Upon a first conviction be fined not more than $500.00; and
    2. 2.
      Upon a second or subsequent conviction, be fined not more than $1,000.00 or imprisoned not more than 6 months, or by both.
  2. B.
    Each day any person engages as a microbrewery, microdistillery, farm winery, nonbeverage user, or retailer in violation of the provisions of this chapter shall constitute a separate offense; 
  3. C.
    Nothing herein shall be construed to prohibit the city from collecting the license tax by any procedure authorized by law.

(History: Ord. AL-3366 §6, 2022; Ord. AL-1320 §6, 85; ABC-421 §4, 71)

Effective on: 1/1/1901

5.48.100 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. AL-1320 §7, 85)

Effective on: 1/1/1901

5.48.110 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. AL-1320 §8, 85)

Effective on: 1/1/1901