ORDINANCE NO. 9655

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER IV, ARTICLE 1, SECTION 4-101 AND CHAPTER IV, ARTICLE 2, SECTION 4-204, PERTAINING TO THE LICENSING AND REGULATION OF LIQUOR AND CEREAL MALT BEVERAGES WITHIN THE CITY OF LAWRENCE, KANSAS.

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

SECTION 1: Chapter IV, Article 1, Section 4-101 of the Code of the City of Lawrence, Kansas, 2018 Edition and amendments thereto, is hereby amended to read as follows:

4-101 DEFINITIONS.

(A) Alcoholic candy means: (1) For purposes of manufacturing, any candy or other confectionery product with an alcohol content greater than 0.5% alcohol by volume; and (2) for purposes of sale at retail, any candy or other confectionery product with an alcohol content greater than 1% alcohol by volume.

(B) Alcoholic Liquor  means alcohol, spirits, wine, beer, alcoholic candy, and every liquid or solid, patented or not, containing alcohol, spirits, wine, or beer, and capable of being consumed as a beverage by a human being, but shall not include cereal malt beverage.

(C) Beer means a beverage, containing more than 3.2% alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager beer, porter and similar beverages having such alcoholic content.

(D)       Caterer means an individual, partnership or corporation which sells alcoholic liquor by the individual drink, and provides services related to the serving thereof, on unlicensed premises which may be open to the public, but does not include a holder of a temporary permit selling alcoholic liquor in accordance with the terms of such permit.

(E)       Cereal Malt Beverage means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, or any flavored malt beverage, as defined in K.S.A. 2018 Supp. 41-2729, and amendments thereto, but does not include any such liquor that is more than 3.2 percent alcohol by weight.

(F)       Class A Club means a premises which is owned or leased by a corporation, partnership, business trust or association, and which is operated thereby as a bonafide nonprofit, fraternal or war veteran's club, as determined by the State of Kansas, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates (hereinafter referred to as members), and their families and guests accompanying them.

(G)       Class B Club means a premises operated for a profit by a corporation, partnership, or individual, to which members of such club may resort for the consumption of food or alcoholic beverages and for entertainment.

(H)       Club means a Class A or Class B club.

(I)         Drinking Establishment means premises that may be open to the general public, where alcoholic liquor by the individual drink is sold.

(J)        Temporary Permit means a permit, issued in accordance with the laws of the State of Kansas, which allows the permit holder to offer for sale, sell or serve alcoholic liquor for consumption on unlicensed premises, which may be open to the public.

(K)       Retailer means any person who sells at retail, or offers for sale at retail, alcoholic liquors in the original package for consumption off of and away from the premises.

(L)        Licensee means the person who has been properly issued a license, including a temporary permit, to sell alcoholic liquor within the corporate limits of the City.

(M)      Person means any natural person, corporation, partnership or association.

(N)       School means any public or parochial school containing any of the grades from kindergarten through twelfth grade.

SECTION 2: Chapter IV, 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 or beer containing not more than 6 percent alcohol by volume at retail without having first secured and without having a valid cereal malt beverage 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 cereal malt beverage 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 resided 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. 

(H)       A license issued under this Article authorizes the sale of Cereal Malt Beverage and Beer containing not more than 6 percent alcohol by volume, by those retailers in compliance with this Chapter and other laws and regulations that may apply.

SECTION 3. 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 parts of this ordinance. 

SECTION 4.  After passage and publication as provided by law, this ordinance shall be in full force and effect commencing April 1, 2019.

PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of March, 2019.

 APPROVED:

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Lisa Larsen, Mayor

ATTEST:

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Sherri Riedemann, City Clerk

APPROVED AS TO FORM:

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Toni R. Wheeler, City Attorney