There is hereby levied an annual occupation tax in the amount as set in the city’s fee resolution on each Drinking Establishment, or any establishment serving liquor by the drink, or private club, located in the city which has a liquor license issued by the state director of alcoholic beverage control, which tax shall be paid before business is begun under an original state license and within five days after any renewal of a state license.
(Ord. 249, Secs. 1:3; Code 1988; Ord. 375; Code 2015; Ord. 439)
(a) No license shall be issued to a person whose place of business is located within 200 feet of any church, public or parochial school, said distance to be measured from the nearest property line of the church or school to the nearest portion of the building occupied by the private club.
(b) The distance location of subsection (a) above shall not apply to a private club when the license applicant petitions for and receives a waiver of the distance limitation from the governing body. The governing body shall grant such a waiver only following public notice and hearing.
(a) The governing body may prescribe hours of closing, standards of conduct and rules and regulations concerning the moral, sanitary and health conditions of the place licensed, and may establish zoning districts within which no private club may be located.
(b) 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 other than a Sunday, nor between the hours of 2:00 a.m. and 12:00 noon on a Sunday.
(c) Cereal malt beverages may be sold on premises licensed both for retail sale of cereal malt beverage for on-premises consumption pursuant to K.S.A 41-2701 et seq., and holding a license as a private club issued by the State of Kansas at any time when alcoholic liquor is allowed by law to be served on the premises.
(d) No membership shall be sold to any person under 21 years of age, nor shall alcoholic beverages or cereal malt beverages be given, sold or traded to any person under 21 years of age.
(K.S.A. 41-2614, 41-2704; Code 1988)
(a) 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.
(b) It shall be unlawful for the operator, person in charge or licensee of any premises licensed for on-premises consumption of alcoholic liquor to permit any person under the age of 21 years to remain on the premises.
(c) 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 premises derives not more than 50 percent of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption, or if the person under 21 years is an employee of the premises.
Every Class B private club within the city shall follow all the rules and regulations set down for the governing of Class B private clubs in the state of Kansas and statutes controlling them. Any Class B club, owned privately or by a corporation, individual or partnership, who shall violate the state laws, rules or regulations set down for the regulation of Class B private clubs shall forfeit his or her occupational tax license or receipt and shall not be allowed to operate within the corporate limits of the city for the period set down by the State Alcohol and Beverage Control Board and if not set by the board, then the city council shall set a period of revocation or suspension.
(K.S.A. 41-2601 et seq.; Ord. 249, Sec. 4)
The occupational tax or license cannot be sold or transferred to any other person, firm or corporation and expires upon the death of the licensee.
(Ord. 249, Sec. 5)