ORDINANCE NO. 7980 

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING SECTION 4-208 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2003 EDITION CONCERNING THE REVOCATION OF CEREAL MALT BEVERAGE LICENSES.

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

Section 1.    Section 4-208 of the Code of the City of Lawrence, Kansas December 2003 Edition is amended to read as follows:

4-208 REVOCATION AND SUSPENSION OF LICENSES

(A) The Governing Body of the City shall revoke or suspend the license for any of the following reasons:

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

(2) The licensee has violated any of the provisions of this Article or of K.S.A. 41-2701 et. seq., and amendments thereto;

(3) The licensee has become ineligible to obtain a cereal malt beverage license;

(4) Drunkenness of the licensee or permitting any intoxicated person to remain in or upon the licensee’s place of business;

(5) The sale of cereal malt beverages to any person under the legal age for consumption of cereal malt beverage;

(6) The nonpayment of any license fees;

(7) Permitting any gambling in or upon the licensee’s place of business;

(8) Permitting any person to mix drinks with material purchased in the place of business or brought in for that purpose;

(9) The employment of persons under 18 years of age in dispensing or selling cereal malt beverages;

(10) The employment of persons who have been adjudged guilty of a felony or of any violation of the intoxicating liquor law; or continuation in employment of a person in connection with the sale, serving or dispensing of cereal malt beverages if the licensee knows such person has been, within the preceding two years, adjudged guilty of a felony or of any violation of the intoxicating liquor laws of the State of Kansas, another state or the United States;

(11) The sale or possession of, or permitting any person to use or consume on the licensed premises, any alcoholic liquor;

(12) The licensee has been convicted of a violation of the Beer and Cereal Malt Beverage Keg Registration Act;or

(13) There has been a violation of K.S.A. 21-4106 or 21-4107, and amendments thereto, in or upon the licensee’s place of business.

(B) The provisions of Subsections (A)(8) and (11) shall not apply if the place of business or premises also are currently licensed as a club or drinking establishment pursuant to the Club and Drinking Establishment Act.

Section  2.  Severability.  If any section, clause, sentence, 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 parts of this ordinance.

Section 3.  Effective Date.  This ordinance shall take effect and be in full force and effect following its adoption and publication as provided by law.

Adopted this ________________ day of  ________________, 2006.

PASSED:

Dennis Highberger, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

David L. Corliss, Assistant City Manager

and Director of Legal Services