It shall be unlawful for any person granted a drinking establishment license by the State of Kansas to sell or serve any alcoholic liquor authorized by such license within the city without first obtaining a city license from the city clerk.

(Code 1988; Code 2013)

(a)   There is hereby levied a biennial license fee in the amount of $300 on each drinking establishment located in the city which has a drinking establishment license issued by the state director of alcoholic beverage control, which fee shall be paid before business is begun under an original state license and within five days after any renewal of a state license.

(b)   All applications for new or renewal city licenses shall be submitted to the city clerk. Upon presentation of a state license, payment of the city license fee and the license application, the city clerk shall issue a city license for the period covered by the state license, if there are no conflicts with any zoning or alcoholic beverage ordinances of the city.

(c)   The license period shall extend for the period covered by the state license. No license fee shall be refunded for any reason.

(d)   Every licensee shall cause the city drinking establishment license to be placed in plain view next to or below the state license in a conspicuous place on the licensed premises.

(Code 2013)

(a)   No drinking establishment licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor on its premises between the hours of 2:00 a.m. and 6:00 a.m. on any day.

(b)   Cereal malt beverages may be sold on premises licensed for the retail sale of cereal malt beverage for on-premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises.

(c)   No alcoholic beverages or cereal malt beverages shall be given, sold or traded to any person under 21 years of age.

(Code 1988; Code 2013; K.S.A. 41-2614; Code 2022)

The following conduct by an alcoholic liquor licensee, manager, or employee of any licensed alcoholic liquor establishment is deemed contrary to public welfare and is prohibited:

(a)   Remaining or permitting any person to remain in or upon the premises who exposes to view any portion of the female breasts below the top of the areola or any portion of males or females pubic hair, anus, buttocks or genitals;

(b)   Permitting any employee, agent, patron or other person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any other employee, agent, patron or other person;

(c)   Encouraging or permitting any patron on the licensed premises to touch, caress or fondle the breast, buttocks, anus, vulva, or genitals of any employee, agent, patron or other person;

(d)   Performing or permitting any person to perform on the licensed premises acts of or acts which simulate:

(1)   Sexual intercourse, masturbation, sodomy, or any other sexual act which is prohibited by law; or

(2)   Touching, caressing or fondling such persons’ breasts, buttocks, anus or genitals.

(e)   Using or permitting any person to use on licensed premises, any artificial devices or inanimate objects to depict any of the acts prohibited by paragraph (d) of this section.

(f)    Showing or permitting any person to show on the licensed premises any motion picture, film, photograph, electronic reproduction, or other visual reproduction depicting:

(1)   Acts or simulated acts of sexual intercourse, masturbation, sodomy, or any sexual act which is prohibited by law;

(2)   The touching, caressing or fondling of the buttocks, anus, genitals or the female breasts;

(3)   Scenes in which a person displays the buttocks, anus, genitals or the female breasts.

(g)   As used in this section, the term “premises” means the premises licensed by the city as a drinking establishment and such other areas, under the control of the licensee or his or her employee or employees, that are in such close proximity to the licensed premises that activities and conduct of persons within such other areas may be viewed by persons on or within the licensed premises.

(Ord. 2058; Code 2013)

The chief of police or the city enforcement officer, upon five days’ written notice, shall have the authority to suspend such license for a period not to exceed 30 days, for any violation of the provisions of this article or other laws pertaining to drinking establishments, which violation does not in the judgment of the chief of police or city enforcement officer justify a recommendation of revocation. The licensee may appeal such order of suspension to the governing body within seven days from the date of such order.

(Ord. 2058; Code 2013)

The governing body of the city, upon 5 days’ written notice, to a person holding a drinking establishment license, may permanently revoke or cause to be suspended for a period of not more than 30 days such license if it determines that the licensee or an employee of the licensee has:

(a)   violated or is not in compliance with any provisions of Article 5, and any amendments thereto;

(b)   obtained the drinking establishment license by giving false or misleading information in the application thereof or has otherwise become ineligible to obtain a license under this article;

(c)   become intoxicated while in or is under the influence of alcohol while at the drinking establishment for which such license has been issued;

(d)   sold alcoholic liquor or cereal malt beverage to any person under the age of 21 years;

(e)   knowingly employed a person adjudged guilty of a felony or a crime relating to alcohol or intoxicating liquor;

(f)    failed to pay any license fees;

(g)   refused to allow inspection of the licensed premises by a city police officer or a city enforcement officer; or

(h)   knowingly allowed possession, use, or sale of controlled substances on the licensed premises or knowingly allowed prostitution on said licensed premises.

(Ord. 2058; Code 2013)