Category: Government

CDBG-CV Grant Funds Available for Businesses

Community Development Block Grant (CDBG) funds are an important tool in supporting small Kansas communities. Now, as communities come together in their response to COVID-19, additional CDBG resources are being made available through the CDBG-CV program.

The City of St. Francis was awarded $173,600 in CDBG-CV funds.  Of this amount, $123,600 is designated for Economic Development.  Businesses interested in receiving CDBG-CV funds should contact the City Clerk’s office to obtain an application packet. 

The deadline for submitting applications to City Clerk Lila Whitmore is September 30 at 5PM. 

ECONOMIC DEVELOPMENT

CDBG-CV Economic Development grants provide communities with funding to help local businesses retain jobs for low-to-moderate income people.

Eligibility

To be eligible to receive a CDBG-CV Economic Development grant, the recipient business must be a for-profit business and retaining jobs for low to moderate-income people. 51% or more of the full-time equivalent (FTE) jobs retained must be for persons from low to moderate-income households as defined by HUD.

CDBG-CV Economic Development grants can be used to pay for the following expenses:

  • Working capital such as wages, utilities, rent, etc.
  • The purchase of 60 days’ worth of inventory needed to reopen (60 days will begin on the day the business is allowed to reopen).

Award Amounts

  • Businesses with five or fewer employees (including the owner) are eligible to receive up to $25,000 per FTE job in CDBG-CV Economic Development grant funding (with a maximum of $30,000 per company).
  • Businesses with between six and 50 employees are eligible to receive up to $35,000 for each FTE job in CDBG-CV Economic Development grant funding (with a maximum of $50,000 per company).

The City Council’s goal is to award grants to all eligible businesses who submit an application.  The actual amount awarded to each business will be determined after the applications are reviewed. 

Justine Benoit with Northwest Kansas Planning & Development Corporation is the Grant Administrator for these funds.  She will review applications received to determine eligibility.  

Questions?  Please contact City Clerk Lila Whitmore at 332-3142.

Ordinance No. 622

(PUBLISHED IN THE ST. FRANCIS HERALD AND BIRD CITY TIMES ON JUNE 25, 2020)

ORDINANCE NO. 622

AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES 2020, OF THE CITY OF ST. FRANCIS, KANSAS; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON SAID BONDS AS THEY BECOME DUE; AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH; AND MAKING CERTAIN COVENANTS WITH RESPECT THERETO.

            WHEREAS, the City of St. Francis, Kansas (the “City”) is a city of the third class, duly created, organized and existing under the Constitution and laws of the State; and

            WHEREAS, pursuant to the laws of the State of Kansas applicable thereto, by proceedings duly had, the Governing Body of the City (the “Governing Body”) has authorized the following improvements (the “Improvements”) to be made in the City, to-wit:

Project DescriptionRes. No.Authority (K.S.A.)Amount
Street improvements2019-06Article 12, Section 5 of the Kansas Constitution, and Charter Ordinance No. 2018-2 of the City$1,200,000

; and

            WHEREAS, all legal requirements pertaining to the Improvements have been complied with, and the Governing Body now finds and determines that the total cost of the Improvements (including issuance costs of the general obligation bonds) and related expenses are at least $850,000, with all of said cost to be paid by the City at large, to be paid for by the issuance of general obligation bonds; and

            WHEREAS, the Governing Body is authorized by law to issue general obligation bonds of the City to pay costs of the Improvements; and

            WHEREAS, none of such general obligation bonds heretofore authorized have been issued and the City proposes to issue $850,000 of its general obligation bonds, together with any bid premium thereon, to pay costs of the Improvements; and

            WHEREAS, the Governing Body has advertised the sale of the Bonds in accordance with the law and at a meeting held in the City on this date awarded the sale of such Bonds to the best bidder.

            NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ST. FRANCIS OF THE CITY OF ST. FRANCIS, KANSAS, AS FOLLOWS:

            Section 1.         Definitions of Words and Terms.  In addition to words and terms defined elsewhere herein, the following words and terms in this Ordinance shall have the meanings hereinafter set forth.  Unless the context shall otherwise indicate, words importing the singular number shall include the plural and vice versa, and words importing persons shall include firms, associations and corporations, including public bodies, as well as natural persons.

            “Act” means the Constitution and statutes of the State including K.S.A. 10-101 to 10-125, inclusive, K.S.A. 10-620 et seq., Article 12, Section 5 of the Kansas Constitution, and Charter Ordinance No. 2018-2 of the City, all as amended and supplemented from time to time.

            “Bond and Interest Fund” means the Bond and Interest Fund of the City for its general obligation bonds.

            “Bond Resolution” means the resolution to be adopted by the Governing Body prescribing the terms and details of the Bonds and making covenants with respect thereto.

            “Bonds” means the City’s General Obligation Bonds, Series 2020, dated July 16, 2020, authorized by this Ordinance.

            “City” means the City of St. Francis, Kansas.

            “Clerk” means the duly appointed and acting Clerk of the City or, in the Clerk’s absence, the duly appointed Deputy, Assistant or Acting Clerk.

            “Governing Body” means the Governing Body of the City.

            “Mayor” means the duly elected and acting Mayor of the City or, in the Mayor’s absence, the duly appointed and/or elected Vice Mayor or Acting Mayor of the City.

            “Ordinance” means this Ordinance authorizing the issuance of the Bonds.

            “State” means the State of Kansas.

            “Substitute Improvements” means the substitute or additional improvements of the City authorized in the manner set forth in the Bond Resolution.

            Section 2.         Authorization of the Bonds.  There shall be issued and hereby are authorized and directed to be issued the General Obligation Bonds, Series 2020, of the City in the principal amount of $850,000, for the purpose of providing funds to:  (a) pay costs of the Improvements; and (b) pay costs of issuance of the Bonds.

            Section 3.         Security for the Bonds.  The Bonds shall be general obligations of the City payable as to both principal and interest from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City.  The full faith, credit and resources of the City are hereby irrevocably pledged for the prompt payment of the principal of and interest on the Bonds as the same become due. 

            Section 4.         Terms, Details and Conditions of the Bonds.  The Bonds shall be dated and bear interest, shall mature and be payable at such times, shall be in such forms, shall be subject to redemption and payment prior to the maturity thereof, and shall be issued and delivered in the manner prescribed and subject to the provisions, covenants and agreements set forth in the Bond Resolution hereafter adopted by the Governing Body.

            Section 5.         Levy and Collection of Annual Tax.  The Governing Body shall annually make provision for the payment of principal of, premium, if any, and interest on the Bonds as the same become due by levying and collecting the necessary taxes upon all of the taxable tangible property within the City in the manner provided by law.

            The taxes above referred to shall be extended upon the tax rolls in each of the several years, respectively, and shall be levied and collected at the same time and in the same manner as the general ad valorem taxes of the City are levied and collected, shall be used solely for the payment of the principal of and interest on the Bonds as and when the same become due and the fees and expenses of the paying agent for the Bonds.  The proceeds derived from said taxes shall be deposited in the Bond and Interest Fund.

            If at any time said taxes are not collected in time to pay the principal of or interest on the Bonds when due, the City Treasurer is hereby authorized and directed to pay said principal or interest out of the general funds of the City and to reimburse said general funds for money so expended when said taxes are collected.

            Section 6.         Further Authority.  The Mayor, Clerk and other City officials are hereby further authorized and directed to execute any and all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of the Ordinance, and to make alterations, changes or additions in the foregoing agreements, statements, instruments and other documents herein approved, authorized and confirmed which they may approve, and the execution or taking of such action shall be conclusive evidence of such necessity or advisability.

            Section 7.         Governing Law.  This Ordinance and the Bonds shall be governed exclusively by and construed in accordance with the applicable laws of the State.

            Section 8.         Effective Date.  This Ordinance shall take effect and be in full force from and after its passage by the Governing Body, approval by the Mayor and publication of the Ordinance or a summary thereof in the official City newspaper.

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            PASSED by the Governing Body on June 22, 2020 and APPROVED AND SIGNED by the Mayor.

(SEAL)                                                                                                                                               

Mayor

ATTEST:

Clerk

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Violation of Stay at Home Orders – Information from the Cheyenne County Health Department

Violation of Stay at Home Orders

March 31, 2020

Violations of the statewide Stay at Home order is a Class A misdemeanor which is punishable by up to one year in jail or a fine of up to $2500 or both.  It can also include up to two years of probation.


Executive Orders executed by the Governor have the force of law. The penalties associated with a violation of said order are found in K.S.A. 48-939. Law Enforcement has the jurisdiction to enforce under K.S.A. 22-2401 and 22-2401(a). 

Executive Order 20-16 under 9(a) states “Law enforcement officers enforcing this order should use their discretion and consider the totality of the circumstances as they determine appropriate enforcement action.”  

As complaints are made, those will be reviewed by the Cheyenne County Sheriff and the Cheyenne County Health Department. 

If a violation is determined, then the appropriate paperwork will be provided to the County Attorney for prosecution. A violation of an Executive Order is a Class A Misdemeanor.

City Declares State of Emergency

PLEASE BE ADVISED, THE MAYOR AND THE CITY COUNCIL OF THE CITY OF ST. FRANCIS, KANSAS, have declared a State of Emergency in response to COVID-19 this 19th day of March, 2020.

BY ORDER OF THE MAYOR AND THE CITY COUNCIL access to City Hall will be restricted immediately and until further notice. All City employees will be expected to report to work as normal and work normal business hours. City Hall will be locked during business hours and anyone who needs to enter the City Office will need to call 785-332-3142. If the business cannot be completed over the phone the citizen will be asked health screening questions. A person must answer “no” to all health screening questions to be admitted to the City Office, and such person must be admitted the same day as answering the screening questions. The doors to City Hall will be locked and the City Clerk will give access to the building if it is necessary.

This is being done in an overabundance of caution to ensure the safety of the citizens and employees of the City of St. Francis.

Utility Payments and Social Distancing

In response to the “social distancing” directives from federal and state authorities that are designed to slow the spread of COVID-19, commonly referred to as coronavirus, the City of St. Francis is asking utility customers to use the following services to pay utility bills:

Electronic payments can be made using your credit card, debit card, or checking account by contacting City Hall at 332-3142.   We will be happy to assist you!  

You can also visit our website and initiate an online payment from there:

www.stfranciskansas.com   click on “PAY MY BILL” at the top and then click “Pay My Bill Online”.  This will take you to the Payment Service Network site where you can either create an account or select quick pay.  The Business ID is RT23848.  You will need your account number from your bill.  If the account number is not recognized, try omitting leading zeros.   

At this time the service fees normally associated with online transactions will not be charged to the Customer.  

You can also mail checks to: 
City of St. Francis
PO Box 517
St. Francis, KS 67756
(Please allow sufficient time for payments to be received by the 15th of the month)

Customers can also use the drop box on the West side of City Hall. If paying with case, please put your payment and payment stub in an envelope and write your name and phone number on the outside. Any amount enclosed over the amount due will be applied as a credit to your next bill. If you have any concerns regarding payments in cash, please give us a call.

Thank you for helping us keep our community safe. If you have any questions please feel free to give us a call! 332-3142

Ordinance No. 621

AN ORDINANCE OF THE GOVERNING BODY OF THE CITY OF ST. FRANCIS, KANSAS IMPOSING A ONE PERCENT (1.0%) CITY-WIDE SALES TAX FOR GENERAL PURPOSES.

            WHEREAS, by Resolution No. 2019-4, the governing body of the City of St. Francis, Kansas (the “City”), authorized and provided for a special election in the City for the purpose of submitting to the electors of the City the question of imposing, under K.S.A. 12-187 et seq. (the “Act”), a one percent (1.0%) City-wide sales tax (the “Sales Tax”) for City infrastructure improvements, including streets and payments on bonds issued to finance such improvements (the “Sales Tax Proposition”), with collection of such Sales Tax to commence on April 1, 2020; and 

            WHEREAS, a special question election was held in the City on October 8, 2019, at which time there was submitted to the qualified electors of the City the Sales Tax Proposition, and a majority of the qualified electors of the City voting on this proposition voted in favor thereof; and

            WHEREAS, pursuant to the Act and the results of the aforementioned special election, the governing body of the City deems it necessary and advisable to authorize the levy of the Sales Tax, which Sales Tax will be a general purpose sales tax under the Act.

            NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. FRANCIS, KANSAS:

            SECTION 1.  The levy of the Sales Tax is hereby authorized, with collection of the Sales Tax to commence on April 1, 2020.

            SECTION 2.  The City Clerk, upon passage of this Ordinance, shall provide a certified copy of the same to the State Director of Taxation pursuant to K.S.A. 12-189.

            SECTION 3.  This Ordinance shall be effective upon passage by the governing body, approval and execution by the Mayor and publication once in the official City newspaper.

            PASSED by the governing body of the City of St. Francis, Kansas on November 25, 2019, and APPROVED and SIGNED by the Mayor.

                                                                                                Scott Schultz, Mayor

(SEAL)

ATTEST:

            Lila L. Whitmore, City Clerk

Filing Deadline for Local Office is June 3

The City of St. Francis will have 3 positions up for election in 2019: Mayor, currently held by Scott Schultz and two City Council positions currently held by Roger Jensen and Amanda Milne. Those wanting to file for any of these positions need to do so by June 3 with the Cheyenne County Election Officer Scott Houtman:

  • Email:      cnclerk@cncoks.us
  • Hours:     8:00-12:00 1:00-5:00
  • Phone:   785-332-8800
  • Fax:          785-332-8825
  • Address1:              212 E Washington
  • City, State, Zip:    St Francis,  KS  67756

The general election will be held November 5 and those elected will take office on January 13, 2020.

Download the 2019 Candidates Guide at https://www.lkm.org/page/citycandidateguide

Ordinance No. 615

ENHANCED CEREAL MALT BEVERAGES and/or BEER CONTAINING NOT MORE THAN 6% ALCOHOL BY VOLUME

ORDINANCE NO. 615

AN ORDINANCE REGULATING THE SALE OF CEREAL MALT BEVERAGE AND BEER CONTAINING NOT MORE THAN 6% ALCOHOL BY VOLUME WITHIN THE CITY OF ST. FRANCIS, KANSAS AND REPEALING ARTICLE 2 OF CHAPTER 3 OF THE 2015 CODE OF THE CITY OF ST. FRANCIS, KANSAS AND ESTABLISHING A NEW ARTICLE 2 OF CHAPTER 3 OF THE 2015 CODE OF THE CITY OF ST. FRANCIS, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. FRANCIS:

Section 1. DEFINITION. Enhanced Cereal Malt Beverage means cereal malt beverage as that term is defined in K.S.A. 41-2701, and amendments thereto, and such term shall include beer containing not more than 6% alcohol by volume when such beer is sold by a retailer licensed under the Kansas cereal malt beverage act.

Section 2. LICENSE ISSUED BY CITY.The “Cereal Malt Beverage License” issued by the City of St. Francis, Kansas pursuant to this ordinance, authorizes the sale of enhanced cereal malt beverage as defined in section 1, by those retailers in compliance with this ordinance and other laws and regulations that may apply.

Section 3. LICENSE REQUIRED OF RETAILER.

            (a)  It shall be unlawful for any person to sell any enhanced cereal malt beverage at retail without a license for each place of business where enhanced cereal malt beverages are to be sold at retail.

            (b)  It shall be unlawful for any person, having a license to sell enhanced cereal malt beverages at retail only in the original and unopened containers and not for consumption on the premises, to sell any enhanced cereal malt beverage in any other manner.

Section 4. 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:

            (a)  The name and residence of the applicant and how long he or she has resided within the State of Kansas;

            (b)  The particular place for which a license is desired;

            (c)  The name of the owner of the premises upon which the place of business is located;

            (d)  The names and addresses of all persons who hold any financial interest in the particular place of business for which a license is desired.

            (e)  A statement that the applicant 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;

            (f)  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.

            (g)  Each application for a general retailer’s license must be accompanied by a certificate from the city fire chief certifying that he or she has inspected the premises to be licensed.

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 city clerk 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.

Section 5. LICENSE APPLICATION PROCEDURES.

            (a)  All applications for a new and renewed enhanced cereal malt beverage license shall be submitted to the city clerk 10 days in advance of the governing body meeting at which they will be considered.

            (b)  The city clerk’s office shall notify the applicant of an existing license 30 days in advance of its expiration.

            (c)  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 record check on all applicants and the fire department and health department will inspect the premises. The departments will then recommend approval, or disapproval, of applications within five working days of the department’s receipt of the application.

            (d)  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.

            (e)  An applicant who has not had an enhanced cereal malt beverage license in the city shall attend the governing body meeting when the application for a new license will be considered.

Section 6. LICENSE GRANTED; DENIED.

            (a)  The journal of the governing body shall show the action taken on the application.

            (b)  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.

            (c)  No license shall be transferred to another licensee.

            (d)  If the license shall be denied, the license fee shall be immediately returned to the person who has made application.

Section 7. LICENSE TO BE POSTED. Each license shall be posted in a conspicuous place in the place of business for which the license is issued.

Section 8. LICENSE, DISQUALIFICATION. No license shall be issued to:

            (a)  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 Cheyenne County for at least six months prior to filing of such application.

            (b)  A person who is not a citizen of the United States.

            (c)  A person who is not of good character and reputation in the community in which he or she resides.

            (d)  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.

            (e)  A partnership, unless all the members of the partnership shall otherwise be qualified to obtain a license.

            (f)  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 non-residence within the city or county.

            (g)  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:  (A) Has had a retailer’s license revoked under K.S.A. 41-2708 and amendments thereto; or (B) has been convicted of a violation of the drinking establishment act or the cereal malt beverage laws of this state.

            (h)  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.

            (i)  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.

Section 9. RESTRICTION UPON LOCATION. [Note, subsections (b), (c) and (d) are optional and not required by state law.]

            (a)  No license shall be issued for the sale at retail of any enhanced cereal malt beverage on premises which are located in areas not zoned for such purpose.

            (b)  It shall be unlawful to sell or dispense at retail any enhanced cereal malt beverage at any place within the city limits that is within a 500-foot radius of any church, school or library.

            (c)  Provisions shall not apply to any establishment holding a private club license issued by the State of Kansas.

            (d)  The distance limitation of subsection (b) above shall not apply to any establishment holding an enhanced cereal malt beverage license issued by the city when the licensee has petitioned for and received a waiver of the distance limitation. The governing body shall grant such a waiver only following public notice and hearing.

Section 10. LICENSE FEE. The rules and regulations regarding license fees shall be as follows:

            (a)  General Retailer — for each place of business selling enhanced cereal malt beverages at retail, $75.00 per calendar year.

            (b)  Limited Retailer — for each place of business selling only at retail enhanced cereal malt beverages in original and unopened containers and not for consumption on the premises, $75.00 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. 

Section 11. 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 ordinance or other laws pertaining to enhanced 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.

Section 12. 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 enhanced 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:

            (a)  If a licensee has fraudulently obtained the license by giving false information in the application therefor;

            (b)  If the licensee has violated any of the provisions of this section or has become ineligible to obtain a license under this section;

            (c)  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 enhanced cereal malt beverages;

            (d)  The sale of enhanced cereal malt beverages to any person under 21 years of age;

            (e)  For permitting any gambling in or upon any premises licensed;

            (f)  For permitting any person to mix drinks with materials purchased in any premises licensed or brought into the premises for this purpose;

            (g)  For the employment of any person under the age established by the State of Kansas for employment involving dispensing enhanced cereal malt beverages;

            (h)  For the employment of persons adjudged guilty of a felony or of a violation of any law relating to intoxicating liquor;

            (i)  For the sale or possession of, or for permitting the use or consumption of alcoholic liquor within or upon any premise licensed;

            (j)  The nonpayment of any license fees;

            (k)  If the licensee has become ineligible to obtain a license;

            (l)  The provisions of subsections (f) and (i) shall not apply if such place of business is also currently licensed as a private club.

Section 13. SAME; APPEAL. The licensee, within 20 days after the order of the governing body revoking any license, may appeal to the District Court of Cheyenne County, Kansas, and the District Court shall proceed to hear such appeal as though such court had original jurisdiction in the matter. Any appeal taken 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. 

Section 14. 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 $25.00. 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.

Section 15. 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 enhanced cereal malt beverages within the city, to persons authorized 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.

Section 16. BUSINESS REGULATIONS. It shall be the duty of every licensee to observe the following regulations. 

            (a)  The place of business licensed, and operating shall at all times have a front and rear exit unlocked when open for business.

            (b)  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.

            (c)  Except as provided by subsection (d), no enhanced cereal malt beverages may be sold or dispensed between the hours of 12:00 midnight and 6:00 a.m., or consumed between the hours of 12:30 a.m., and 6:00 a.m., or on Sunday, except in a place of business which is licensed to sell cereal malt beverage for consumption on the premises, which derives not less than 30 percent of its gross receipts from the sale of food for consumption on the licensed premises; closing hours for clubs shall conform to K.S.A. 41-2614 and amendments thereto.

            [Optional subsection (c) for cities where Sunday sales have been authorized by ordinance.

            (c) Except as provided by subsection (d), no enhanced cereal malt beverages may be sold or dispensed; (1) Between the hours of 12:00 midnight and 6:00 a.m.; (2) in the original package before 12:00 noon or after 8:00 p.m. on Sunday; (3) on Easter Sunday; or (4) for consumption on the licensed premises on Sunday, except in a place of business which is licensed to sell enhanced cereal malt beverage for consumption on the premises, which derives not less than 30% of its gross receipts from the sale of food for consumption on the licensed premises.]

            (d)  Enhanced 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. 41-2601, et seq. and amendments thereto, and licensed as a club by the State Director of Alcoholic Beverage Control.

            (e)  The place of business shall be open to the public and to the police 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 and not to the public.

            (f)  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.

            (g)  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.

            (h)  No licensee or agent or employee of the licensee shall sell or permit the sale of enhanced cereal malt beverage to any person under 21 years of age.

            (i)  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.

            (j)  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.

            (k)  No licensee or agent or employee of the licensee shall employ any person under 18 years of age in dispensing enhanced cereal malt beverages. No licensee shall employ any person who has been judged guilty of a felony.

Section 17. PROHIBITED CONDUCT ON PREMISES. The following conduct by an enhanced cereal malt beverage licensee, manager or employee of any licensed enhanced cereal malt beverage 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/female’s pubic hair, anus, buttocks or genitals;

            (b)  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;

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

            (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 the licensed premises, any artificial devices or inanimate objects to depict any of the acts prohibited by paragraph (d).

            (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)  The term premises means the premises licensed by the city as an enhanced 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.

Section 18. 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.

Section 19. This ordinance shall be published one time in the official city newspaper.

Section 20. This ordinance shall take effect and be in force from and after April 1, 2019.

PASSED AND APPROVED this 11th day of March, 2019.

                                                                                                ______________________

                                                                                                Scott Schultz, Mayor

                                                                                                City of St. Francis, Kansas

ATTEST:

______________________

Lila L. Whitmore, City Clerk

City of St. Francis, Kansas

[SEAL]

National Guard Deployed for Blizzard

To help rescue efforts during the winter storm, the Kansas National Guard was deployed to St. Francis on Friday.  Multiple Humvees were sent to assist the Cheyenne County Emergency Operations Center in their efforts to rescue stranded travelers.