† †††††ORDINANCE NO. 9566

 

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER IV, ARTICLE 1, SECTIONS 4-107, 4-108, 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 4-107 of the Code of the City of Lawrence, Kansas, 2018 Edition and amendments thereto, is hereby amended to read as follows:

 

4-107††††††††††††††† LICENSES REQUIRED; FEES.

 

(A)††††††† There is hereby levied a biennial license fee in the amount fixed by Section 6-108.1 of this Code on each Caterer, Class A Club, Class B Club, Drinking Establishment, and Alcoholic Liquor Retailer; and a license fee in the amount fixed by Section 6-108.1 of this Code on each Temporary Liquor Permit Holder and Temporary Cereal Malt Beverage Permit Holder.† Such fee shall be paid before business is begun under an original state license and within five (5) days after any renewal of a state license and thereafter in accordance with the provisions of Section 6-108.1.† The completed and executed written application for such license shall be filed with the City Clerk at the time such fee is paid.†

 

(B)†††††† All applicants for new or renewal city licenses shall be submitted to the City Clerk.† Upon presentation of a state license, issued by the State Director of Alcoholic Beverage Control, payment of the city license fee and filing the completed license application, and compliance with subsection (B)(1) herein, the City Commission shall issue a city license if the applicant complies with all applicable provisions of this Article, the City Zoning Ordinance and other applicable ordinances of the City.

 

(1)  A city license shall not be issued to an applicant unless such applicant provides proof satisfactory to the City Clerk that, within 90 days of application, he or she and all staff that regularly engage with patrons of the business have participated in training on the prevention of sexual violence. Such training shall be a minimum of 30 minutes in length and cover topics that include, but are not limited to, sexual harassment, de-escalation techniques, and best practices for intervening in cases of suspected sexual violence or harassment.

 

(2)  Any on-sight manager subsequently hired by the licensee shall be required to show proof of participation in such training within 90 days of such managerís date of employment at said place of business.

 

(3)  For purposes of this subsection, proof of participation in training on the prevention of sexual violence includes, but is not limited to, a certificate of completion issued by the entity or person providing such training or an affidavit completed by the licensee affirming that he or she and the required staff have participated in such training.

 

(4)  This subsection shall not apply to the temporary issuance of a

license for the purpose of a single event.

†††††††††††

(C)†††††† Every licensee shall cause the city license to be placed in plain view next to or below the state license, in a conspicuous place on a licensed premises.

 

(D)†††††† When the licensee pays the full amount of the license fee upon application and surrenders such license to the City Clerk before the beginning of the second year of the license term, a refund shall be made of one-half of the license fee paid by such licensee. No other refund or proration of the license fee shall be issued.†

 

SECTION 2: Chapter IV, Article 1, Section 4-108 of the Code of the City of Lawrence, Kansas, 2018 Edition and amendments thereto, is hereby amended to read as follows:

 

4-108†† ††††††††††† QUALIFICATION FOR PRIVATE CLUB OR DRINKING ESTABLISHMENT CITY LICENSE.

 

(A)†††††† The Governing Body of the City shall, if the applicant is qualified by law, issue a license to the applicant.

 

(B)†††††† A city license shall not be issued to an applicant unless such applicant is in compliance with the provi≠sions of K.S.A. 41-2601, et seq.

 

(C)          A city license shall not be issued to an applicant unless such applicant is in compliance with the provi≠sions of Section 4-114. 4-112.

 

SECTION 3: Chapter IV, Article 1, 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 a 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 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 city license shall not be issued to an applicant unless such applicant provides proof satisfactory to the City Clerk that, within 90 days of application, he or she and all staff that regularly engage with patrons of the business have participated in training on the prevention of sexual violence. Such training shall be a minimum of 30 minutes in length and cover topics that include, but are not limited to, sexual harassment, de-escalation techniques, and best practices for intervening in cases of suspected sexual violence or harassment.

 

(1)  Any on-sight manager subsequently hired by the licensee shall be required to show proof of participation in such training within 90 days of such managerís date of employment at said place of business.

 

(2)  For purposes of this subsection, proof of participation in training on the prevention of sexual violence includes, but is not limited to, a certificate of completion issued by the entity or person providing such training or an affidavit completed by the licensee affirming that he or she and the required staff have participated in such training.

 

(3)  This subsection shall not apply to the temporary issuance of a

license for the purpose of a single event.

 

SECTION 4. 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 5.  After passage and publication as provided by law, this ordinance shall be in full force and effect commencing July 1, 2019.

 

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

 

†APPROVED:

 

 

___________________________________

Lisa Larsen, Mayor

 

ATTEST:                   

 

 

__________________________________

Sherri Riedemann, City Clerk

 

 

 

APPROVED AS TO FORM:                   

 

 

__________________________________

Toni R. Wheeler, City Attorney