Alcoholic beverage or alcoholic liquor as used in this article includes the varieties of liquor as defined in K.S.A. 41-102, namely alcohol, alcoholic liquor, spirits, wine and beer and every liquid or solid, patented or not, containing alcohol, alcoholic liquor, spirits, wine or beer, and capable of being consumed as a beverage by a human being, but does not include any beer or cereal malt beverage containing not more than three and two-tenths percent of alcohol by weight.
(K.S.A. 41-102; Code 1988)
(a) 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.
(b) 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 3-303 and the tax shall be received and a receipt shall be issued for the period covered by the state license.
(Ord. 1288, Code 2017)
There is hereby levied a biennial occupation tax of $500.00 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.
(Code 1988; Ord. 1288; Ord. 1318; K.S.A. 41-310(l)(1); Code 2017)
Every licensee 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 license premises.
(Code 1988; Ord. 1288; Code 2017)
(a) Except as provided in subsections (b) and (c), no person shall sell at retail any alcoholic liquor in the original package before 9:00 a.m. or after 11:00 p.m. on any day when the sale thereof is permitted:
(b) Pursuant to K.S.A. 41-712, the sale at retail of alcoholic liquor in the original package is allowed within the city on any Sunday, except Easter, between the hours of 9:00 a.m. and 8:00 p.m., and on Memorial Day, Independence Day and Labor Day.
(c) No person shall sell at retail any alcoholic liquor in the original package on Thanksgiving Day, Christmas Day or Easter Sunday.
(K.S.A. 41-712; Ord. 1288; Ord. 1398; Code 2017; Ord. 1494)
It shall be unlawful for a retailer of alcoholic liquor to:
(a) Permit any person to mix drinks in or on the licenses premises;
(b) Employ any person under the age of 21 years in connection with the operation of the retail establishment;
(c) Employ any person in connection with the operation of the retail establishment who has been adjudged guilty of a felony;
(d) 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
(e) Have in his or her possession for sale at retail any bottles, cask, or other containers containing alcoholic liquor, except in the original package;
(f) 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.
(Ord. 1288; Code 2017)
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 from the nearest property line of any existing hospital, school, church, or library.
(K.S.A. 41-710; Ord. 1288; Code 2017)
(a) PERMIT REQUIRED.
(1) It shall be unlawful for any person granted a temporary permit by the State of Kansas to sell or serve any alcoholic liquor within the City without first obtaining a City temporary permit from the City Clerk.
(2) It shall be unlawful for any person to sell or serve any alcoholic liquor on any public property or in any public building the City without first obtaining a City temporary permit from the City Clerk. City Permit shall be limited to the La Cygne Community Park and the La Cygne Community Building.
(b) 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 City temporary permit at least (30) days before the event. Written application for the City temporary permit shall be made to the City Clerk and shall clearly state:
(1) the name of the applicant;
(2) the group for which the event is planned;
(3) the location of the event;
(4) the date and time of the event;
(5) 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, the City Council and/or La Cygne Community Park Board may approve and the City Clerk may issue a City temporary permit to the applicant if there are no conflicts with any zoning or other ordinances of the City.
A temporary permit shall be issued for a period of time not to exceed three (3) consecutive days, the dates and hours of which will be specified in the State permit. Not more than four (4) temporary permits may be issued to any one (1) applicant in a calendar year. A temporary permit shall not be transferable or assignable.
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.
(c) PERMIT REGULATIONS. No temporary permit holder shall allow the serving, mixing or consumption of alcoholic liquor between the hours of 12:00 a.m. and 9:00 a.m. at any event for which a temporary permit has been issued. No alcoholic beverages shall be given, sold or traded to any person under 21 years of age.
(1) 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 on the premises.
(2) No alcoholic beverages shall be given, sold or traded to any person under 21 years of age.
(d) PERMIT FEE. There is hereby levied a temporary permit fee, which shall be paid at the time that the City temporary permit application is filed with the City Clerk. Such temporary permit fee shall be twenty-five ($25.00) per day.
(Ord. 1458)
Any person, firm, partnership, corporation violating any of the provisions of Chapter 3, Article 3 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) and upon conviction said license issued hereunder shall immediately be revoked.
(Ord. 1458)