P.O. Box 667 • Goddard, KS 67052 • (316) 794-2441
The Goddard Glance Newsletter
February 2011
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Chapter 3 Beverages
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CHAPTER III. BEVERAGES

Article 1. General Provisions
Article 2. Cereal Malt Beverages
Article 3. Alcoholic Liquor
Article 4. Private Clubs and Drinking Establishments
Article 5. Temporary Permits
Article 6. Penalty

ARTICLE 1. GENERAL PROVISIONS

  • DEFINITIONS. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.
    • "Alcohol" means the product of distillation of any fermented liquid, whether rectified or diluted, whatever the origin thereof, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol.
    • "Alcoholic Liquor" or "alcoholic beverage" means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.
    • "Calendar year" means from January 1st to December 31st, both dates inclusive
    • "Cereal Malt Beverage" or "Beer" means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor which is more than 3.2 percent alcohol by weight.
    • "Class A Club" means a premises which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide nonprofit social, fraternal or war veterans' club, as determined by the State of Kansas, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates (hereinafter referred to as members), and their families and guests accompanying them.
    • "Class B Club" means a premises operated for profit by a corporation, partnership or individual, to which members of such club may resort for the consumption of food or alcoholic beverages and for entertainment.
    • "Club" means an organization licensed hereunder to which club members shall be permitted to resort for the purpose of consuming alcoholic liquor
    • "Drinking Establishment" means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.
    • "General Retailer" or "Retailer" means a person licensed under the provisions of the state liquor control act and by the City of Goddard, to sell or offer for sale alcoholic liquor or cereal malt beverage for consumption and not for resale in any form
    • "Limited Retailer" means a person who has a license to sell cereal malt beverages at retail only in original and unopened containers and not for consumption on the premises.
    • "Licensee" is a "person" as defined in (n), who has a license has herein required.
    • "Minor" means any person under twenty-one years of age.
    • "Person" shall include individuals, firms, co-partnerships, corporations and associations.
    • "Place of Business" means any place at which cereal malt beverages or alcoholic beverages or both are sold.
    • "Sale at Retail" and "Retail Sale" means sales for consumption and not for resale in any form.
    • "Sell" includes soliciting or receiving in order for, keeping or exposing for sale, and keeping with intent to sell.
    • "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 substance.
    • "Temporary Permit" means a permit, issued in accordance with the laws of the State of Kansas, which allows the permit holder to offer for sale, sell and serve alcoholic liquor for consumption on unlicensed premises, open to the public.
    • "Wholesaler" or "Distributor" means any individuals, firms, co-partnerships, corporations and associations which sell or offer for sale any beverage referred to in this chapter, to persons, co-partnerships, corporations and associations authorized by this chapter to sell cereal malt beverages at retail.
    • "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 alcohol or spirits, as above defined or containing sugar added for the purpose of correcting natural deficiencies (Ord. 75, Sec. 1; Ord. 129, Sec. 1; Ord. 400, Sec. 1; Code 2001)
  • RESTRICTION ON LOCATION.
    • No alcoholic liquor or cereal malt beverage shall be sold or served by a person holding a license or permit from the city whose place of business or other premises are located within 200 feet of any church, school, nursing home, library, or hospital, said distance to be measured from the nearest property line of such church, school, nursing home, library, or hospital, to the nearest portion of the building occupied by the premises.
    • Should a church, school, nursing home, library, or hospital be built within 200 feet of any licensed premises, this provision shall not prevent renewal of an existing license, provided, however, that:
      • Such license, once issued, shall not be renewed to any person or premises not identified in the original license.
      • Should such a licensed establishment cease to be used for such purpose for a period of Ninety (90) days or more, no new license shall be issued for that premises.

(3) Should a licensed establishment cease to be used for such purpose for a period of Ninety (90) days or more, the existing license shall be deemed to expire at twelve o'clock, noon, on the Ninety-first (91st) calendar day of non-use. In no event shall this provision be construed to extend the term of a license issued under this ordinance.

      • Periods of time, not to exceed Thirty (30) days, during which such establishments are being repaired because of normal wear and tear, or damage caused by fire or natural disaster such as floods or windstorms, shall not be included in computing the above ninety-day period, provided that:
          • Any repair must be commenced within Thirty (30) days after closure of any structure and completed within a reasonable time thereafter.
          • The Chief of Police shall be notified in writing within Thirty (30) days of closing of such establishment for repair. Such notice must state the date of commencement and estimated date of completion of remodeling or repair.
          • Any licensed premises shall forfeit its license and shall not be re-licensed if repair is not commenced within Thirty (30) days after such closure, if such repairs are not completed within a reasonable time thereafter and/or if the Chief of Police is not notified within the thirty-day time period.
    • No person shall sell at retail any alcoholic liquor or cereal malt beverage in any area zoned higher than "commercial."
    • No license or permit shall be issued for the sale of alcoholic liquor or cereal malt beverage if the building or use does not meet the zoning ordinance requirements of the city or conflicts with other city laws, including building and health codes. (Code 2001)
  • RESTRICTIONS ON SALES.
    • No person shall sell or offer for sale any cereal malt beverage or alcoholic liquor except as provided in this chapter. It shall be considered a sale of the cereal malt beverage or alcoholic liquor if a charge is made for mixing or serving the cereal malt beverage or alcoholic liquor, or for any substance co-mixed with the cereal malt beverage or alcoholic liquor, regardless of whether or not a charge is made for the cereal malt beverage or alcoholic liquor.
    • No person shall allow consumption of cereal malt beverage or alcoholic liquor in violation of this chapter on any property owned, leased, or otherwise under his or her control.
    • The property on which a violation of this chapter takes place is declared to be a common nuisance and as such is subject to abatement as provided for any other common nuisance by city ordinance.
  • MINORS ON PREMISES.
    • It shall be unlawful for any person under the age of 21 years to remain on any premises where the sale of alcoholic liquor is licensed for on-premises consumption, or where a temporary permit holder is serving alcoholic liquor.
    • It shall be unlawful for the operator, person in charge or licensee of any premises licensed for on-premises consumption of alcoholic liquor or a temporary permit holder who is serving alcoholic liquor to permit any person under the age of 21 years to remain on the premises.
    • This section shall not apply if the person under the age of 21 years is accompanied by his or her parent or guardian, or if the licensed or permitted premises derives not more than 30 percent of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption. (Code 2001)
  • CONSUMPTION ON PUBLIC PROPERTY. No person shall drink or consume any alcoholic liquor on public property owned by the city, county or state. (K.S.A. § 41-719; Code 2001)
  • PUBLIC SALE; CONSUMPTION.
    • It shall be unlawful for any person to sell, serve or dispense any cereal malt beverage or alcoholic beverage in any public place not licensed to sell, serve or dispense such beverage at such public place within or under the jurisdiction of the city.
    • It shall be unlawful for any person to drink or consume any cereal malt beverage or alcoholic beverage in any public place not licensed to sell and serve such beverage for public consumption at such public place within or under the jurisdiction of the city.
    • For purposes of this section, the term "public place" shall include upon any street, public thoroughfare, public parking lot or any privately owned parking area made available to the public generally, within any parked or driven motor vehicle situated in any of the aforesaid places or upon any property owned by the state or any governmental subdivision thereof unless such property is leased to others under K.S.A. § 12-1740 et seq. if the property is being used for hotel or motel purposes or purposes incidental thereto or is owned or operated by an airport authority created pursuant to Chapter 27 of the Kansas Statutes Annotated.
    • Violation of any provision of this section is a misdemeanor punishable by a fine of not less than $50 or more than $200 or by imprisonment for not more than six months, or both. (K.S.A. § 41-719; Code 2001).
  • OPEN CONTAINER.
    • It shall be unlawful for any person to transport in any vehicle upon a highway or street any cereal malt beverage or alcoholic beverage unless such beverage is:
      • In the original, unopened package or container, the seal of which has not been broken and from which the original cap or cork or other means of closure has not been removed;
      • In the locked, rear trunk or rear compartment or any locked outside compartment which is not accessible to any person in the vehicle while it is in motion or;
      • In the exclusive possession of a passenger in a vehicle which is a recreational vehicle as defined by K.S.A. § 75-1212 or a bus as defined by K.S.A. § 8-1406, who is not in the driving compartment of such vehicle or who is in a portion of such vehicle from which the driver is not directly accessible.
    • As used in this section highway and street have meanings provided by K.S.A. §§ 8-1424 and 8-1473, and amendments thereto.
    • Violation of this section is a misdemeanor punishable by a fine of not more than $200 or by imprisonment for not more than six months, or both such fine and imprisonment.
    • Except as provided in subsection (g) upon conviction or adjudication of a second or subsequent violation of this section, the municipal judge, in addition to any other penalty or disposition ordered pursuant to law, shall suspend the person's driver's license or privilege to operate a motor vehicle on the streets and highways of this state for one year.
    • Upon suspension of a license pursuant to this section, the municipal court shall require the person to surrender the license to the court, which shall transmit the license to the Division of Motor Vehicles of the Department of Revenue, to be retained until the period of suspension expires. At that time, the licensee may apply to the division for return of the license. If the license has expired, the person may apply for a new license, which shall be issued promptly upon payment of the proper fee and satisfaction of other conditions established by law for obtaining a license unless another suspension or revocation of the person's privilege to operate a motor vehicle is in effect.
    • As used in this section, 'highway' and 'street' have the meanings provided by K.S.A. §§ 8-1424 and 8-1473, and amendments thereto.
    • In lieu of suspending the driver's license or privilege to operate a motor vehicle on the highways of this state of any person convicted of violating this section, as provided in subsection (d), the judge of the court in which such person was convicted may enter an order which places conditions on such person's privilege of operating a motor vehicle on the highways of this state, a certified copy of which such person shall be required to carry any time such person is operating a motor vehicle on the highways of this state. Any such order shall prescribe the duration of the conditions imposed, which in no event shall be for a period of more than one year for a second violation.
    • Upon entering an order restricting a person's license hereunder, the judge shall require such person to surrender such person's driver's license to the judge who shall cause it to be transmitted to the Division of Motor Vehicles of the Department of Revenue, together with a copy of the order.
    • It shall be an affirmative defense to any prosecution under this section that an occupant of the vehicle other than the defendant was in exclusive possession of the alcoholic liquor.
    • The municipal court shall report to the Division of Motor Vehicles of the Department of Revenue every conviction for a violation of this section. Prior to sentencing under the provisions of this section, the court shall request and shall receive from the Division of Motor Vehicles of the Department of Revenue a record of all prior convictions obtained against such person for any violations of any of the motor vehicle laws of this state.
    • For the purpose of determining whether a conviction is a first, second or subsequent conviction in sentencing under this section:
      • 'Conviction' includes being convicted of a violation of K.S.A. § 8-1599 or an ordinance of any city, or resolution of any county, which prohibits the acts that this section prohibits;
      • Only convictions occurring in the immediately preceding five years, including prior to the effective date of this act, shall be taken into account, but the court may consider other prior convictions in determining the sentence to be imposed within the limits provided for a first, second or subsequent offender, whichever is applicable; and
      • It is irrelevant whether an offense occurred before or after conviction for a previous offense. (K.S.A. § 8-1599; Code 2001)
  • IDENTIFICATION CARD.
    • It shall be unlawful for any person to:
      • Display, cause or permit to be displayed, or have in possession, any fictitious, fraudulently altered, or fraudulently obtained identification card for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
      • Display or represent any identification card not issued to such person as being his or her card for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
      • Permit any unlawful use of an identification card issued to a person for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
      • Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card or display or have in possession any such photograph, photostat, duplicate, reproduction or facsimile for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
    • It shall be unlawful for any person to:
      • Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the sale, purchase or consumption of any alcoholic liquor.
      • Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the sale, purchase or consumption of any cereal malt beverage. (Code 2001)



  • UNDERAGE PURCHASER.
    • It shall be unlawful for any person under 21 years of age to possess, consume, obtain, purchase or attempt to obtain or purchase any cereal malt beverage or any alcoholic liquor
    • It shall be unlawful for any person to represent that he is 21 years of age or older, for the purpose of asking for, purchasing, receiving or possessing any cereal malt beverage or alcoholic liquor.
    • It shall be unlawful for any person 21 years of age or over to purchase or attempt to purchase any cereal malt beverage or alcoholic liquor for the purpose of giving, selling, bartering or otherwise providing said cereal malt beverage or alcoholic liquor a person under 21 years of age.
    • Violation of (a) above by a person 18 or more years of age but less than 21 years of age is a class C misdemeanor for which the minimum fine is $200.
    • Any person less than 18 years of age who violates (a) above a juvenile offender under the Kansas juvenile justice code. Upon adjudication thereof and as a condition of disposition, the court shall require the offender to pay a fine of not less than $200 nor more than $500.
    • In addition to any other penalty provided for a violation of this section, the municipal court may order the offender to do either or both of the following:
      • Perform 40 hours of public service; or
      • Attend and satisfactorily complete a suitable educational or training program dealing with the effects of alcohol or other chemical substances when ingested by humans.
    • This section shall not apply to the possession and consumption of cereal malt beverage by a person under the legal age for consumption of cereal malt beverage when such possession and consumption is permitted and supervised, and such beverage is furnished, by the person's parent or legal guardian. (K.S.A. § Supp. 41-727; Code 2001)


ARTICLE 2. CEREAL MALT BEVERAGES

  • LICENSE REQUIRED OF RETAILERS.
    • It shall be unlawful for any person to sell any cereal malt beverage at retail without a license for each place of business where cereal malt beverages are to be sold at retail.
    • It shall be unlawful for any person, having a license to sell cereal malt beverages at retail only in the original and unopened containers and not for consumption on the premises, to sell any cereal malt beverage in any other manner. (K.S.A. § 41-2702; Ord. 75, Sec. 2; Code 2001)
  • APPLICATION. Any person desiring a license shall make an application to the Governing Body of the city and accompany the application by the required license fee for each place of business for which the person desires the license. The application shall be verified, and upon a form prepared by the attorney general of the State of Kansas, and shall contain:
    • The name and residence of the applicant and how long he or she has resided within the State of Kansas;
    • The legal description and street address of the particular place for which a license is desired;
    • The name of the owner of the premises upon which the place of business is located;
    • The names and addresses of all persons who hold any financial interest in the particular place of business for which a license is desired.
    • A statement that the applicant and each person with a financial interest in the business is a citizen of the United States and not less than 21 years of age and that he or she has not within two years immediately preceding the date of making application been convicted of a felony or any crime involving moral turpitude, or been adjudged guilty of drunkenness, or driving a motor vehicle while under the influence of intoxicating liquor or the violation of any other intoxicating liquor law of any state or of the United States;
    • Each application for a general retailer's license shall be accompanied by a certificate from the city health officer certifying that he or she has inspected the premises to be licensed and that the same comply with the provisions of chapter 8 of this code.
    • Each application for a general retailers license must be accompanied by a certificate from the county fire marshal certifying that he or she has inspected the premises to be licensed and that the same comply with the provisions of chapter 7 of this code.
    • The application shall be accompanied by a statement, signed by the applicant, authorizing any governmental agency to provide the city with any information pertinent to the application. One copy of such application shall immediately be transmitted to the Chief of Police of the city for investigation of the applicant. It shall be the duty of the Chief of Police to investigate such applicant to determine whether he or she is qualified as a licensee under the provisions of this chapter. The chief shall report to the Governing Body not later than five working days subsequent to the receipt of such application. The application shall be scheduled for consideration by the Governing Body at the earliest meeting consistent with current notification requirements. (Ord. 75, Sec. 4; Code 2001)
  • LICENSE APPLICATION PROCEDURES.
    • All applications for a new and renewed cereal malt beverage license shall be submitted, with the applicable fee as set forth in section 3-208 hereof, to the City Clerk 10 days in advance of the Governing Body meeting at which they will be considered.
    • The City Clerk's office shall notify the applicant of an existing license 30 days in advance of its expiration.
    • The clerk's office shall provide copies of all applications to the police department, to the fire department, and to the city-county health department, when they are received. The police department will run a records check on all applicants and the county fire marshal and the health department will inspect the premises in accord with chapters 7 and 8 of this code. The fire marshal and health department will then recommend approval, or disapproval, of applications within five working days of the departments receipt of the application.
    • The Governing Body will not consider any application for a new or renewed license that has not been submitted 10 days in advance and been reviewed by the above city departments.
    • An applicant who has not had a cereal malt beverage license in the city shall attend the Governing Body meeting when the application for a new license will be considered. (Code 2001)
  • LICENSE GRANTED; DENIED.
    • The journal of the Governing Body shall show the action taken on the application.
    • If the license is granted, the City Clerk shall issue the license which shall show the name of the licensee and the year for which issued.
    • No license shall be transferred to another licensee, and shall so state on its face, along with the calendar year for which it is issued..
    • If the license shall be denied, the license fee shall be retained by the City of Goddard to cover the expense of processing the application.(Ord. 75, Sec. 6; Code 2001)
  • LICENSE TO BE POSTED. Each license shall be posted in a conspicuous place in the place of business for which the license is issued. (Ord. 75, Sec. 6; Code 2001)
  • LICENSE, DISQUALIFICATION. No license shall be issued to:
    • A person who has not been a resident in good faith of the state of Kansas for at least one year immediately preceding application and a resident of Sedgwick County for at least six months prior to filing of such application.
    • A person who is not a citizen of the United States.
    • A person who is not at least 21 years of age and of good character and reputation in the community in which he or she resides.
    • A person who, within two years immediately preceding the date of making application, has been convicted of a felony or any crime involving moral turpitude, or has been adjudged guilty of drunkenness or driving a motor vehicle while under the influence of intoxicating liquor or the violation of any other intoxicating liquor law of any state or of the United States.
    • A partnership, unless all the members of the partnership shall otherwise be qualified to obtain a license.
    • A corporation if any manager, officer or director thereof or any stockholder owning in the aggregate more than 25 percent of the stock of such corporation would be ineligible to receive a license hereunder for any reason other than nonresidence within the city or county.
    • A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 25 percent of the stock of such corporation, has been an officer, manager or director, or a stockholder owning in the aggregate more than 25 percent of the stock, of a corporation which:
      • Has had a retailer's license revoked under K.S.A. § 41-2708 and amendments thereto; or
      • has been convicted of a violation of the drinking establishment act or the cereal malt beverage laws of this state.
    • A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee.
    • A person whose spouse would be ineligible to receive a retailer's license for any reason other than citizenship, retailer residency requirements or age, except that this subsection (i) shall not apply in determining eligibility for a renewal license. (Ord. 75, Sec. 5; Code 2001)
  • RESTRICTION UPON LOCATION.
    • No license shall be issued for the sale at retail of any cereal malt beverage on premises which are located in areas zoned higher than "commercial."
    • It shall be unlawful to sell or dispense at retail any cereal malt beverage at any place within the city limits that is within a 200-foot radius of any church, school or library, said distance to be measured from the nearest property line of such church, school, nursing home, library, or hospital, to the nearest portion of the building occupied by the premises.
    • Should a church, school, nursing home, library, or hospital be built within 200 feet of any licensed premises, this provision shall not prevent renewal of an existing license, provided, however, that:
      • Such license, once issued, shall not be renewed to any person or premises not identified in the original license.
      • Should such a licensed establishment cease to be used for such purpose for a period of Ninety (90) days or more, no new license shall be issued for that premises.

(3) Should a licensed establishment cease to be used for such purpose for a period of Ninety (90) days or more, the existing license shall be deemed to expire at twelve o'clock, noon, on the Ninety-first (91st) calendar day of non-use. In no event shall this provision be construed to extend the term of a license issued under this ordinance.

      • Periods of time, not to exceed Thirty (30) days, during which such establishments are being repaired because of normal wear and tear, or damage caused by fire or natural disaster such as floods or windstorms, shall not be included in computing the above ninety-day period, provided that:
          • Any repair must be commenced within Thirty (30) days after closure of any structure and completed within a reasonable time thereafter.
          • The Chief of Police shall be notified in writing within Thirty (30) days of closing of such establishment for repair. Such notice must state the date of commencement and estimated date of completion of remodeling or repair.
          • Any licensed premises shall forfeit its license and shall not be re-licensed if repair is not commenced within Thirty (30) days after such closure, if such repairs are not completed within a reasonable time thereafter and/or if the Chief of Police is not notified within the thirty-day time period.
    • Provisions of this section shall not apply to any establishment holding a private club license issued by the State of Kansas.(K.S.A. § 41-2704; Ord. 75, Sec. 5; Code 2001)
  • LICENSE FEE. The rules and regulations regarding license fees shall be as follows:
    • General Retailer -- for each place of business selling cereal malt beverages at retail, $200.00 per calendar year.
    • Limited Retailer - for each place of business selling only at retail cereal malt beverages in original and unopened containers and not for consumption on the premises, $50 per calendar year.
    • Full amount of the license fee shall be required regardless of the time of the year in which the application is made, and the licensee shall only be authorized to operate under the license for the remainder of the calendar year in which the license is issued. (K.S.A. § 41-2702; Ord. 75, Sec. 4; Code 2001)
  • SUSPENSION OF LICENSE. The Chief of Police, 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 chapter or other laws pertaining to cereal malt beverages, which violation does not in his or her judgment 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. (Code 2001)
  • LICENSE SUSPENSION/REVOCATION BY GOVERNING BODY. The Governing Body of the city, upon five days written notice, to a person holding a license to sell cereal malt beverages shall permanently revoke or cause to be suspended for a period of not more than 30 days such license for any of the following reasons:
    • If a licensee has fraudulently obtained the license by giving false information in the application therefor;
    • If the licensee has violated any of the provisions of any state law regulating the sale of cereal malt beverage or this article;
    • If the licensee has become ineligible to obtain a license under state law regulating the sale of cereal malt beverage or this article;
    • Drunkenness of a person holding such license, drunkenness of a licensee's manager or employee while on duty and while on the premises for which the license is issued, or for a licensee, his or her manager or employee permitting any intoxicated person to remain in such place selling cereal malt beverages;
    • The sale of cereal malt beverages to any person under 21 years of age;
    • For permitting any gambling in or upon any premises licensed under this article;
    • For permitting any person to mix drinks with materials purchased in any premises licensed under this article or brought into the premises for this purpose;
    • For the employment of any person under the age established by the State of Kansas for employment involving dispensing cereal malt beverages;
    • For the employment of persons adjudged guilty of a felony or of a violation of any law relating to intoxicating liquor;
    • For the sale or possession of, or for permitting the use or consumption of alcoholic liquor within or upon any premise licensed under this article;
    • The nonpayment of any license fees;
    • The provisions of subsections (f) and (i) shall not apply if such place of business is also currently licensed as a private club. (K.S.A. § 41-2708; Ord. 75, Sec. 9; Code 2001)
  • SAME; APPEAL. The licensee, within 20 days after the order of the Governing Body revoking any license, may appeal to the district court of Sedgwick County and the district court shall proceed to hear such appeal as though such court had original jurisdiction in the matter. Any appeal taken under this section shall not suspend the order of revocation of the license of any licensee, nor shall any new license be issued to such person or any person acting for or on his or her behalf, for a period of six months thereafter. (K.S.A. § 41-2708; Code 2001)
  • CHANGE OF LOCATION. If a licensee desires to change the location of his or her place of business, he or she shall make an application to the Governing Body showing the same information relating to the proposed location as in the case of an original application. Such application shall be accompanied by a fee of $5. If the application is in proper form and the location is not in a prohibited zone and all other requirements relating to such place of business are met, a new license shall be issued for the new location for the balance of the year for which a current license is held by the licensee. (Ord. 75, Sec. 8; Code 2001)
  • WHOLESALERS AND/OR DISTRIBUTORS. It shall be unlawful for any wholesaler and/or distributor, his, her or its agents or employees, to sell and/or deliver cereal malt beverages within the city, to persons authorized under this article to sell the same within this city unless such wholesaler and/or distributor has first secured a license from the director of revenue, state commission of revenue and taxation of the State of Kansas authorizing such sales. (K.S.A. § 41-307:307a; Ord. 75, Sec. 12; Code 2001)
  • BUSINESS REGULATIONS. It shall be the duty of every licensee to observe the following regulations.
    • The place of business licensed and operating under this article shall at all times have a front and rear exit unlocked when open for business.
    • The premises and all equipment used in connection with such business shall be kept clean and in a sanitary condition and shall at all times be open to the inspection of the police and health officers of the city, county and state.
    • Except as provided by subsection (d), no cereal malt beverages may be sold, dispensed or consumed between the hours of 12:00 midnight and 6:00 a.m., or anytime on Sunday, or on the day of any national, state, county, school board or city election, including primary elections, during the hours the polls are open in the city; closing hours for clubs shall conform to K.S.A. § 41-2614 and any amendments thereto.
    • Cereal malt beverages may be sold at any time alcoholic liquor is allowed by law to be served on premises which are licensed pursuant to K.S.A. § 41-2701 et seq., and licensed as a club by the State Director of Alcoholic Beverage Control.
    • The place of business shall be open to the public and for inspection purposes to the police, city council members and any other duly authorized city official or agent at all times during business hours, except that premises licensed as a club under a license issued by the State Director of Alcoholic Beverage Control shall be open to the police, city council members and any other duly authorized city official or agent, and not to the public.
    • It shall be unlawful for any licensee or agent or employee of the licensee to become intoxicated in the place of business for which such license has been issued.
    • No licensee or agent or employee of the licensee shall permit any intoxicated person to remain in the place of business for which such license has been issued.
    • No licensee or agent or employee of the licensee shall sell or permit the sale of cereal malt beverage to any person under 21 years of age.
    • No licensee or agent or employee of the licensee shall permit any gambling in the place of business for which such license has been issued.
    • No licensee or agent or employee of the licensee shall permit any person to mix alcoholic drinks with materials purchased in said place of business or brought in for such purpose.
    • No licensee or agent or employee of the licensee shall employ any person under 21 years of age in dispensing cereal malt beverages. No licensee shall employ any person who has been judged guilty of a felony. (Ord. 75, Sec. 8; Code 2001)
  • PROHIBITED CONDUCT ON PREMISES; ALCOHOLIC BEVERAGES. No person while on premises where cereal malt beverage is sold, other than a premises licensed by the Alcoholic Beverage Commission and the City of Goddard for the sale of alcoholic liquor or as a club, shall have in his or her position any alcoholic liquor. Violation of this section shall be punishable by a fine of not more than One Hundred Dollars ($100), or be imprisonment for not more than thirty (30) days, or both such fine and imprisonment. (Ord. 75, Sec. 19; Code 2001)
  • PROHIBITED CONDUCT ON PREMISES; DISORDERLY CONDUCT. It shall be unlawful for the owner, manager, operator, proprietor, employees or person in charge of the place of business wherein beer or malt beverages are sold, to allow, permit or suffer any person or persons to indulge in or practice any disorderly, lewd, lascivious, indecent or boisterous conduct, or to remain therein, while intoxicated or under the influence of intoxicating liquor, or to allow, permit or suffer any person or persons to use obscene, indecent or profane language therein (Ord. 75, Sec. 15; Code 2001)
  • PROHIBITED CONDUCT ON PREMISES; SEX ACTS. The following conduct by a cereal malt beverage licensee, manager or employee of any licensed cereal malt beverage establishment is deemed contrary to public welfare and is prohibited:
    • 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 male or female pubic hair, anus, buttocks or genitals;
    • Permitting any employee on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any other employee or any patron;
    • Encouraging or permitting any patron on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva, or genitals of any employee;
    • Performing or permitting any person to perform on the licensed premises acts of or acts which simulate:
      • Sexual intercourse, masturbation, sodomy, or any other sexual act which is prohibited by law; or
      • Touching, caressing or fondling such persons' breasts, buttocks, anus or genitals.
    • Using or permitting any person to use on the licensed premises, any artificial devices or inanimate objects to depict any of the acts prohibited by paragraph (d) of this section.
    • Showing or permitting any person to show on the licensed premises any motion picture, film, photograph, electronic reproduction, or other visual reproduction depicting:
      • Acts or simulated acts of sexual intercourse, masturbation, sodomy, or any sexual act which is prohibited by law;
      • The touching, caressing or fondling of the buttocks, anus, genitals or the female breasts;
      • Scenes in which a person displays the buttocks, anus, genitals or the female breasts.
    • As used in this section, the term premises means the premises licensed by the city as a cereal malt beverage 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. 75, Sec. 18; Code 2001)
  • SANITARY CONDITIONS REQUIRED. All parts of the licensed premises including furnishings and equipment shall be kept clean and in a sanitary condition, free from flies, rodents and vermin at all times. The licensed premises shall have at least one restroom for each sex easily accessible at all times to its patrons and employees. The restroom shall be equipped with at least one lavatory with hot and cold running water, be well lighted, and be furnished at all times with paper towels or other mechanical means of drying hands and face. Each restroom shall be provided with adequate toilet facilities which shall be of sanitary design and readily cleanable. The doors of all toilet rooms shall be self closing and toilet paper at all times shall be provided. Easily cleanable receptacles shall be provided for waste material and such receptacles in toilet rooms for women shall be covered. The restrooms shall at all times be kept in a sanitary condition and free of offensive odors and shall be at all times subject to inspection by the city health officer or designee. (Code 2001)
  • SAME; GROUNDS. Each licensee shall maintain the surrounding grounds in neat and clean condition, and shall, prior to 9:00 a.m. on each and every day clean and remove from the grounds, street and alley adjacent to the said premises, all bottles, cans and other debris. (Code 2001)
  • MINORS ON PREMISES.
    • It shall be unlawful for any person under 21 years of age to remain on any premises where the sale of cereal malt beverages is licensed for on-premises consumption.
    • This section shall not apply if the person under 21 years of age is an employee of the licensed establishment, or is accompanied by his or her parent or guardian, or if the licensed establishment derives not more than 30 percent of its gross receipts in each calendar year from the sale of cereal malt beverages for on premises consumption. (Code 2001)

ARTICLE 3. ALCOHOLIC LIQUOR

  • STATE LICENSE REQUIRED.
    • It shall be unlawful for any person to keep for sale, offer for sale, or expose for sale or sell any alcoholic liquor as defined by the "Kansas Liquor Control Act" without first having obtained a state license to do so.
    • The holder of a license for the retail sale in the city of alcoholic liquors by the package issued by the state director of alcoholic beverage control shall present such license to the City Clerk when applying to pay the occupation tax levied in section 3-302 and the tax shall be received and a receipt shall be issued for the period covered by the state license. (Code 2001)
  • OCCUPATIONAL TAX. There is hereby levied an annual occupation tax of $300.00 on any person holding a license issued by the state director of alcoholic beverage control for the retail sale within the city of alcoholic liquors for consumption off the premises. Such tax 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 a state license. (Ord. 129, Sec. 3; Code 2001)
  • POSTING OF RECEIPT. Every licensee under this article shall cause the city alcoholic liquor retailer's occupation tax receipt to be placed in plain view, next to or below the state license in a conspicuous place on the licensed premises. (Code 2001)
  • HOURS OF SALE. No person shall sell at retail any alcoholic liquor:
    • On any Sunday;
    • On Decoration Day or Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day;
    • On the day of any national, state, county, school board or city election, including primary elections, during the hours the polls are open in the city
    • Before 9:00 a.m. or after 11:00 p.m. on any day when the sale thereof is permitted. (K.S.A. § 41-712; Ord. 129, Sec. 2; Code 2001)
  • BUSINESS REGULATIONS. It shall be unlawful for a retailer of alcoholic liquor to:
    • Permit any person to mix drinks in or on the licensed premises;
    • Employ any person under the age of 21 years in connection with the operation of the retail establishment;
    • Employ any person in connection with the operation of the retail establishment who has been adjudged guilty of a felony;
    • Furnish any entertainment in his or her premises or permit any pinball machine or game of skill or chance to be located in or on the premises; or
    • Have in his or her possession for sale at retail any bottles, cask, or other containers containing alcoholic liquor, except in the original package.
    • Sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person under 21 years of age.
    • 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 incompetent who is physically or mentally incapacitated by alcohol. (Ord. 129, Sec. 2; Code 2001)
  • RESTRICTIONS ON LOCATION.
    • No person shall knowingly or unknowingly sell, give away, furnish, dispose of, procure, exchange or deliver, or permit the selling, giving away, furnishing, disposing of, procuring, exchanging or delivering of any alcoholic beverage in any building, structure or premises, for consumption in such building or upon such premises if such consumption is within 200 feet of the nearest property line of any existing hospital, school, church or library.
    • No person shall sell at retail any alcoholic liquor in areas zoned higher than "commercial." (K.S.A. § 41-710; Ord. 129, Sec. 2; Code 2001)

ARTICLE 4. PRIVATE CLUBS AND DRINKING ESTABLISHMENTS

  • LICENSE REQUIRED. It shall be unlawful for any person granted a private club license or 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 local license from the City Clerk. (Code 2001)
  • LICENSE FEE.
    • There is hereby levied an annual license fee on each private club and each drinking establishment located in the city which has a private club license or drinking establishment licence 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. The city license fee for a Class A club shall be $250.00, the city license fee for a Class B club shall be $250.00, and the city license fee for a drinking establishment shall be $250.00.
    • All applications for new or renewal city licenses shall be submitted to the City Clerk on a form prescribed by 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.
    • The license period shall extend for the period covered by the state license. No license fee shall be refunded for any reason.
    • The license provided herein shall be issued for one particular premises, which shall be stated in the application and on the license. No license shall be issued for a premises wherein the use thereof would be in violation of city zoning laws.
    • Every licensee shall cause the city club license to be placed in plain view next to or below the state license in a conspicuous place on the licensed premises. (Ord. 400, Secs. 5-7, 10; Code 2001)
  • BUSINESS REGULATIONS.
    • No club licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor on its premises between the hours of 2:00 a.m. and 9:00 a.m. on any day
    • No club shall allow its members to remain on its premises between the hours of 2:00 a.m. and 9:00 a.m. on any day, except for hotels and licensed restaurants.
    • No drinking establishment shall allow the public to remain on its premises between the hours of 2:00 a.m. and 9:00 a.m. on any day, except for hotels and licensed restaurants.
    • Cereal malt beverages may be sold on premises licensed for the retail sale of cereal malt beverages for on-premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises.
    • It shall be unlawful for any club membership to be sold to any person under 21 years of age.
    • It shall be unlawful for any club or drinking establishment to allow alcoholic beverages or cereal malt beverages to be given, sold or traded to or consumed by any person under 21 years of age.
    • It shall be unlawful for any person under 21 years of age shall to consume or attempt to consume alcoholic liquor or cereal malt beverage while in or upon the premises of any club or drinking establishment.
    • A club license shall allow the licensee to sell and offer for sale and serve to any member of the club, their families and guests, alcoholic liquor for consumption on the licensed premises by such member or by guests accompanying such member, but the drink may not been removed from the premises.
    • Any two or more class "A" clubs, or any two or more class "B" clubs which are restaurants, may permit by agreement filed with and approved by the Director of Alcohol Beverage Control of the Kansas State Department of Revenue, the members of each club to have access to all other clubs which are parties to such agreement. The privilege extended to the visiting members of other clubs under such an agreement shall be determined by the agreement and, if such agreement so provides, any club which is a party to such agreement may sell and offer for sale to any person who is a member of another club which is a party to such agreement, alcoholic liquor for consumption on the licensed premises by such person or by guests accompanying such person.
    • It shall be unlawful for any club or drinking establishment to purchase or receive alcoholic liquor or cereal malt beverage from any person not holding a valid license to sell such alcoholic liquor or cereal malt beverage to such licensee.(K.S.A. § Supp. 41-2614; Ord. 400; Code 2001)
  • EMPLOYEES. It shall be unlawful for a club or drinking establishment licensee to:
    • Employ any person under 21 years of age in connection with the mixing or serving of drinks containing alcoholic liquor or cereal malt beverage.
    • Knowingly employ any person in connection with the dispensing or serving of alcoholic liquor or the mixing of drinks containing alcoholic liquor, who has been adjudged guilty of or placed on diversion for a felony or any crime involving a morals charge in this or any other state, or of the United States. For purposes of this section a "morals charge" shall include those charges involving prostitution, procuring a person for prostitution, soliciting a prostitute, performing on or with any child under 18 years of age any immoral act involving sex or soliciting such child for any such purpose, illegal possession or sale of any controlled substance, rape, incest, gambling or gaming, adultery, bigamy, sodomy, bestiality or crimes against nature.
    • Knowingly employ any person in connection with the dispensing or serving of alcoholic liquor or the mixing of drinks containing alcoholic liquor, who has been adjudged guilty of or placed on diversion for any violation of any intoxicating liquor law of this or any other state or municipality, or of the United States, for a period of two (2) years next preceding such employment or after such employment.
    • Employ any person under 21 years of age, unless a supervisor who is at least 21 years of age is on the premises at all times when such person under 21 years of age is present. (Ord. 400, Sec. 8; Code 2001)
  • CLUBS; MEMBERSHIP LIST REQUIRED. It shall be unlawful for any club to:
    • Fail to maintain, at the licensed premises, a current list of each club member and his or her residential address.
    • Refuse to let the City Attorney or any of his authorized agents, or any law enforcement officer having jurisdiction within the City of Goddard to inspect the current list of members of the club. (Ord. 400, Sec. 8; Code 2001)
  • INSPECTION.
    • Any duly authorized employee or agent of the City and any law enforcement officer having jurisdiction within the City of Goddard shall have the right to inspect the premises of any club or drinking establishment at any time. Acceptance of a license issued under this article shall be conclusively deemed consent to such an immediate entry and inspection.
    • Should any licensee refuse such entry and inspection, the City Attorney shall immediately notify the Director of the Alcoholic Beverage Control of the Department of Revenue. (Ord. 400, Sec. 11; Code 2001)
  • PENALTY.
    • Violation of any provision of this article shall be punishable by a fine of not more than $500.00 or imprisonment for not more than Six (6) months, or both such fine and imprisonment.
    • In addition to the penalty in (a) above, any violation by a licensee hereunder of any provision of this article shall be immediately reported to Director of the Alcoholic Beverage Control of the Department of Revenue.(Ord. 400, Sec. 16; Code 2001)

ARTICLE 5. TEMPORARY PERMITS

  • PERMIT REQUIRED. It shall be unlawful for any person granted a temporary permit by the State of Kansas pursuant to K.S.A. § 41-2645 to sell or serve any alcoholic liquor within the city without first obtaining a local temporary permit from the City Clerk. (Code 2001)
  • PERMIT FEE.
    • There is hereby levied a temporary permit fee in the amount of $25.00 per day on each group or individual holding a temporary permit issued by the state Director of Alcoholic Beverage Control authorizing sales within the city, which fee shall be paid before the event is begun under the state permit.
    • Every temporary permit holder shall cause the temporary permit receipt to be placed in plain view on any premises within the city where the holder of the temporary permit is serving or mixing alcoholic liquor for consumption on the premises. (Code 2001)
  • CITY TEMPORARY PERMIT.
    • It shall be unlawful for any person to conduct an event under a state issued temporary permit without first applying for a local temporary permit at least Ten (10). days before the event. Written application for the local temporary permit shall be made to the City Clerk and shall clearly state:
      • the name of the applicant;
      • the group for which the event is planned;
      • the location of the event;
      • the date and time of the event;
      • any anticipated need for police, fire or other municipal services.
    • Upon presentation of a state temporary permit, payment of the city's temporary permit fee and a written application as provided for in subsection (a), the City Clerk shall issue a local temporary permit to the applicant if there are no conflicts with any zoning or other ordinances of the city.
    • The City Clerk shall notify the Chief of Police whenever a temporary permit has been issued and forward a copy of the permit and application to the Chief of Police. (Code 2001)
  • PERMIT REGULATIONS.
    • All sections of Article IV of this chapter, pertaining to drinking establishments shall be fully applicable to holders of temporary permits and said section are hereby incorporated by reference. (Code 2001)

ARTICLE 6. PENALTY

  • PENALTY. Violation of any provision of this chapter where the penalty has not otherwise been fixed, shall be a sign of not more then One Hundred Dollars ($100) or be imprisonment for not more than Six (6) months, or both such fine and imprisonment. (Code 2001)
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