ENHANCED CEREAL MALT BEVERAGES and/or BEER CONTAINING NOT MORE THAN
6% ALCOHOL BY VOLUME
ORDINANCE NO. 615
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.
IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. FRANCIS:
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.
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.
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.
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
(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.
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.
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
(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
(d) If the license shall be denied, the license
fee shall be immediately returned to the person who has made application.
LICENSE TO BE POSTED. Each license
shall be posted in a conspicuous place in the place of business for which the
license is issued.
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
(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
(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
(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.
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.
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
(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
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.
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.
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
(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
(f) For permitting any person to mix drinks with
materials purchased in any premises licensed or brought into the premises for
(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
(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
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
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.
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.
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
subsection (c) for cities where Sunday sales have been authorized by ordinance.
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
(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.
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.
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
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.
of St. Francis, Kansas
Lila L. Whitmore, City Clerk
City of St. Francis, Kansas