Memorandum

City of Lawrence

Legal Services

 

TO:

David L. Corliss, Assistant City Manager & Director of Legal Services

 

FROM:

Scott J. Miller, Staff Attorney

 

Date:

February 23, 2006

 

RE:

Ordinance 7980 – Cereal Malt Beverage License Revocation or Suspension Criteria

 

The subject of Section 14-208 of the City Code is the revocation or suspension of cereal malt beverage licenses.  It has come to the attention of City Staff that the current provisions of that section no longer accurately reflect the language of K.S.A. 41-2708, the statute that our code section is derived from.  In addition, certain provisions in the existing section are inconsistent with Section 14-204 of the City Code, dealing with eligibility to obtain such a license in the first place.  Therefore, it is my recommendation that the ordinance be amended to square it with relevant Kansas law.

 

The amendment makes two changes to the existing ordinance.

 

  1. The current ordinance places a lifetime disqualification on any individual who has been convicted of a felony or any violation of the intoxicating liquor law from working in a licensed establishment.  K.S.A. 41-2708 as it currently exists reduces the limitation period from lifetime to two years, and limits the restrictions to individuals connected with the sale, serving, or dispensing of cereal malt beverage.  Section 14-204 of the City Code already applies the two year disqualification period to cereal malt beverage license applications.  The amended ordinance adopts this two year disqualification period for revocations and suspensions as well.
  2. Additional conditions were added in the Kansas statute that trigger revocation or suspension of a cereal malt beverage license.  These conditions involve convictions of any of the following state statutes:

 

    1. The Beer and Cereal Malt Beverage Keg Registration Act.
    2. K.S.A. 21-4106 (maintaining a public nuisance).
    3. K.S.A. 21-4107 (permitting a public nuisance).

 

K.S.A. 41-2708 appears to be a uniform state enactment applicable to all cities.  For these reasons, I would recommend the adoption of the amended ordinance to make certain our City Code is up to date with Kansas law.

 

If I can provide any more information, please let me know.