(a)   It shall be unlawful for any person to keep for sale, offer for sale, or expose for sale or sell any alcoholic liquor as defined by the “Kansas Liquor Control Act” without first having obtained a state license to do so.

(b)   The holder of a license for the retail sale in the city of alcoholic liquors by the package issued by the state director of alcoholic beverage control shall present such license to the city clerk when applying to pay the occupation tax levied in section 3-302 and the tax shall be received, and a receipt shall be issued for the period covered by the state license.

(Ord. 610, Sec. 1)

There is hereby levied a biennial occupation tax of $600 on any person holding a license issued by the state director of alcoholic beverage control for the retail sale or the sale of liquor by the drink within the city of alcoholic liquors. Such tax shall be paid by the retailer to the city clerk before business is begun under an original state license and shall be paid within five days after any renewal of a state license.

(Ord. 610, Sec. 2; K.S.A. 41-310(l)(1); Code 2018)

Every licensee under this article shall cause the city alcoholic liquor retailer’s occupation tax receipt to be placed in plain view, next to or below the state license in a conspicuous place on the licensed premises.

(Ord. 592, Sec. 2)

(a)   No person shall sell at retail any alcoholic liquor in the original package:

(1)   On any Sunday before 9:00 a.m. or after 8:00 p.m.;

(2)   On Easter Sunday, Thanksgiving Day, or Christmas Day; or

(3)   Before 9:00 a.m. or after 11:00 p.m. on any day when the sale thereof is permitted..

(K.S.A. 41-712; Ord. 781; Ord. 786; Code 2018; K.S.A. 41-2911; Ord. 911; Ord. 925; Ord. 928)

It shall be unlawful for a retailer of alcoholic liquor to:

(a)   Permit any person to mix drinks in or on the licensed premises;

(b)   Employ any person under the age of 21 years in connection with the operation of the retail establishment;

(c)   Employ a person or continue in the employment of a person in connection with the sale, serving or dispensing of alcoholic liquor or cereal malt beverages if the licensee knows such person has been, within the preceding two (2) years, adjudged guilty of a felony or of any violation of the intoxicating liquor laws of this State, another state or the United States;

(d)   Furnish any entertainment in his or her premises or permit any pinball machine or game of skill or chance to be located in or on the premises except to allow for the sale of lottery tickets, as regulated through the state;

(e)   If licensed for retail sale in the package it shall be unlawful to have in his or her possession for sale at retail any bottles, cask, or other containers containing alcoholic liquor, except in the original package;

(f)   Sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person less than 21 years of age.

(Ord. 610, Sec. 3; Ord. 846; Code 2018)

It shall be unlawful for any person to knowingly sell, give away, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person who is an incapacitated person, or any person who is physically or mentally incapacitated by the consumption of such liquor.

(K.S.A. 41-715; Code 1967, 3-302; Code 1986)

(a)   No alcoholic liquor shall be sold or served by a person holding a license from the city whose place of business or other premises are located within 200 feet of any church or school, said distance to be measured from the nearest property line of such church or school to the nearest portion of the building occupied by the premises.

(b)   The distance location of subsection (a) above shall not apply to a club, when the license applicant petitions for and receives a waiver of the distance limitation from the governing body. The governing body shall grant such a waiver only following a public notice and hearing and finding by the governing body that the proximity of the establishment is not adverse to the public welfare or safety.

(c)   No license or permit shall be issued for the sale of alcoholic liquor if the building or use does not meet the zoning ordinance requirements of the city or conflicts with other city laws, including building and health codes.

(Code 2003)

(a)   It shall be unlawful for any person under the age of 21 years to remain on any premises where the sale of alcoholic liquor is licensed for on-premises consumption.

(b)   It shall be unlawful for the operator, person in charge or licensee of any premises licensed for on-premises consumption of alcoholic liquor to permit any person under the age of 21 years to remain on the premises.

(c)   This section shall not apply if the person under the age of 21 years is accompanied by his or her parent or guardian, or if the licensed or permitted premises derive not more than 50 percent of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption.

(Code 2003)

(a)   It shall be unlawful for any person to sell, possess or consume any opened original container of, or other container holding, alcoholic liquor upon any street, avenue, alley, sidewalk, public park, public building, public facility, any designated place of public assembly, or any real property owned by the city, Kearny County, or the State of Kansas, not licensed for on-premises consumption under this chapter, unless such sale, possession or consumption has been specifically authorized by action of the governing body, or such sale, possession or consumption has been specifically authorized by a state, county, or city governing body owning a public building, facility or real property in or on which such sale, possession or consumption is intended; however, the prohibition set out in this section shall not apply to persons who are upon or within their own private residential property or to the guests of persons who are upon or within their own private residential property.

(b)   The Lakin Municipal Golf Course shall be exempt from the provisions of subsection (a) and K.S.A. 41-719(c). This subsection specifically authorizes the sale, possession or consumption of alcoholic liquor at Lakin Municipal Golf Course in accordance with policies adopted by the Lakin Municipal Golf Course and the city, and only after authorization by the governing body for each event or activity seeking to have the sale, possession or consumption of alcoholic liquor at Lakin Municipal Golf Course.

(c)   For any possession or consumption of alcoholic liquor requiring specific action or authorization by the governing body of the city, the City Clerk and/or the City Administrator are vested with the authority to grant the required authorization.

(K.S.A. Supp. 41-719; Code 2003; Ord. 824; Ord. 888; Code 2018)