ORDINANCE NO. 9478

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER IV, ARTICLE 1, SECTIONS 4-106 AND   4-109, AND ARTICLE 2, SECTION 4-204 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO ALCOHOLIC LIQUOR AND CEREAL MALT BEVERAGES, AND REPEALING EXISTING SECTIONs 4-106, 4-109, and 4-204.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. Existing Chapter 4, Article 1, Section 4-106 of the Code of the City of Lawrence, Kansas, 2018 Edition and amendments thereto, is hereby amended to read as follows:

4-106               LICENSES REQUIRED.

It shall be unlawful for any person to sell or serve any alcoholic liquor within the City without first obtaining a local license from the City Clerk in addition to a license granted by the State of Kansas. It shall be unlawful for any person to sell or serve any alcoholic liquor on any premises within the City unless the person owning or operating that premises has obtained from the City Clerk a valid license to sell and serve alcohol on that premises, has a current, valid City license to sell and serve alcohol on that premises, and is licensed by the State of Kansas to sell and serve alcohol on that premises.

SECTION 2. Existing Chapter 4, Article 1, Section 4-109 of the Code of the City of Lawrence, Kansas, 2018 Edition and amendments thereto, is hereby amended to read as follows.

4-109               BUSINESS REGULATIONS; ALCOHOLIC LIQUOR.

(A)       No person shall have any alcoholic liquor in his or her possession while in the place of business, unless the premises are currently licensed under a license issued by the State Director of Alcoholic Beverage Control;.

(B)       No one under twenty-one (21) years of age shall consume or be served alcoholic liquor and a sign so stating shall be prominently posted in all such places;.

(C)       No licensee, or his or her agent or employee, shall allow the serving, mixing or consumption of alcoholic liquor on his or her premises between the hours of 2:00 a.m. and 96:00 a.m. on any day;, except as established by Section 4-114.

(D)       Cereal malt beverage may be sold on the premises licensed for retail sale of cereal malt beverage for on-premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises.

(E)       No licensee, or his or her agent or employee, shall sell, give, trade, or permit the sale, give or trade of any alcoholic liquor to any person under twenty-one (21) years of age.

SECTION 3. Existing Chapter 4, Article 2, Section 4-204 of the Code of the City of Lawrence, Kansas, 2018 Edition and amendments thereto, is hereby amended to read as follows.

4-204               LICENSE APPLICATION; FEE.

No person shall sell any cereal malt beverages at retail without having first secured and without having a valid license for each place of business as herein provided. In case such place of business is located within the corporate limits of the City, then the application for a license shall be made to the City. The application shall be verified and upon a form prepared by the Attorney General of the State and shall contain:

(A)       The name and residence of the applicant and how long he or she residece within the State of Kansas, County of Douglas, City of Lawrence;.

(B)       The particular place for which the license is desired;.

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

(D)       A statement that the applicant is a citizen of the United States and not less than twenty-one (21) years of age, and that he or she has not within two (2) years immediately preceding the date of making application, been convicted of a felony or any crime involving moral turpitude or being adjudged guilty of drunkenness or driving a motor vehicle while under the influence of intoxicating liquor or alcohol; or, the violation of any other intoxicating liquor law of any state or of the United States.

(E)       All applications shall indicate whether the applicant will sell or offer for sale cereal malt beverages in original and unopened containers and not for consumption on the premises, or primarily for sale, use and consumption on the licensed premises.  All applications shall be verified and be accompanied by a fee of $200 plus any applicable state stamp fee to allow consumption on the premises, or by a fee of $50 plus any applicable state stamp fee for the sale of cereal malt beverages in original and unopened containers and not for consumption on a licensed premises.  The 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 a license for the remainder of the calendar year in which the license is issued.  No license issued under this Article shall be transferable.  The license shall be kept posted in a conspicuous place in the place of business.

(F)       All applications for renewal of licenses shall be submitted to the City Clerk on or before November 15, preceding the calendar year for which the renewal of license is sought.  All new or change of ownership applications must be submitted to the City Clerk fifteen (15) days in advance of the date sought for such issuance.

(G)       The licensee shall submit any state licenses as required under K.S.A.        41-2702, prior to any city license being issued.

SECTION 4. Existing Sections 4-106, 4-109, and 4-204 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, are hereby repealed, it being the intent of the Governing Body that the provisions of this Ordinance supersede them.

SECTION 5. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining part of this ordinance.

SECTION 6. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of June, 2018.

 APPROVED:

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Stuart Boley

Mayor

ATTEST:

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Sherri Riedemann

City Clerk

APPROVED AS TO FORM:                   

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Toni R. Wheeler

City Attorney

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NOTICE TO PUBLISHER

Publish one time and return Proof of Publication to the City Clerk and to the City Attorney.