For the purpose of this article the following definitions shall apply unless the context clearly requires otherwise:

(a)   Cereal malt beverage means any fermented but undistilled liquor brewed or made from malt or a mixture of malt or malt substitute, but shall not include any such liquor which contains more than three and two-tenths percent of alcohol by weight.

(b)   Enhanced Cereal Malt Beverage means cereal malt beverage as that term is defined herein, and such term shall include beer containing not more than 6% alcohol by volume when such beer is sold by a retailer licensed under the Kansas cereal malt beverage act.

(c)   General retailer means a person who has a license to sell cereal malt beverages at retail for consumption on the premises of the retailer’s place of business.

(d)   Limited retailer means a person who has a license to sell cereal malt beverages at retail only in original and unopened containers and not for consumption on the premises.

(e)   Person means individuals, firms, co-partnerships, corporations, and associations.

(f)    Place of business means any place at which cereal malt beverages are sold.

(Ord. 2243)

(a)   No person shall sell at retail any cereal malt beverage in the city on the following days and hours:

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

(2)   On Easter Sunday; or,

(3)   On any day, Monday through Saturday, before 6:00 a.m. or after 12:00 midnight.

(b)   Any person who shall violate the provisions of this section shall upon conviction of any such violation be subject to a fine not to exceed $500 or by imprisonment not to exceed six months or by both fine and imprisonment.

(Ord. 2243; Ord. 2296)

The “Cereal Malt Beverage License” issued by the city of Beloit pursuant to this article, authorizes the sale of enhanced cereal malt beverage as defined in Section 3-101, by those retailers in compliance with this ordinance and other laws and regulations that may apply.

(Ord. 2243)

(a)   It shall be unlawful for any person to sell any enhanced cereal malt beverage at retail without a license for each place of business where enhanced cereal malt beverages are to be sold at retail.

(b)   It shall be unlawful for any person, having a license to sell enhanced cereal malt beverages at retail only in the original and unopened containers and not for consumption on the premises, to sell any enhanced cereal malt beverage in any other manner.

(Ord. 2243)

Any person desiring a license shall make an application to the governing body of the city and accompany the application by the required license fee for each place of business for which the person desires the license. The application shall be verified, and upon a form prepared by the attorney general of the State of Kansas, and shall contain:

(a)   The name and residence of the applicant and how long he or she has resided within the State of Kansas;

(b)   The particular place for which a license is desired;

(c)   The name of the owner of the premises upon which the place of business is located;

(d)   The names and addresses of all persons who hold any financial interest in the particular place of business for which a license is desired; and

(e)   A statement that the applicant is a citizen of the United States and not less than 21 years of age and that he or she has not within two years immediately preceding the date of making application been convicted of a felony or any crime involving moral turpitude, or been adjudged guilty of drunkenness, or driving a motor vehicle while under the influence of intoxicating liquor or the violation of any other intoxicating liquor law of any state or of the United States.

(Ord. 2243)

(a)   All applications for a new and renewed enhanced cereal malt beverage licenses shall be submitted to the city clerk at least 10 days in advance of the governing body meeting at which they will be considered.

(b)   The city clerk’s office shall notify the applicant of an existing license 30 days in advance of its expiration.

(c)   The clerk’s office shall provide copies of all applications to the police department when they are received. The police department will run a record check on all applicants.

(d)   The governing body will not consider any application for a new or renewed license that has not been submitted I0 days in advance.

(Ord. 2243)

(a)   The journal of the governing body shall show the action taken on the application.

(b)   If the license is granted, the city clerk shall issue the license which shall show the name of the licensee and the year for which issued.

(c)   No license shall be transferred to another licensee.

(d)   If the license shall be denied, the license fee shall be immediately returned to the person who has made application.

(Ord. 2243)

Each license shall be posted in a conspicuous place in the place of business for which the license is issued.

(Ord. 2243)

No license shall be issued to:

(a)   A person who has not been a resident in good faith of the state of Kansas for at least one year immediately preceding application and a resident of Mitchell County for at least six months prior to filing of such application.

(b)   A person who is not a citizen of the United States.

(c)   A person who is not of good character and reputation in the community in which he or she resides.

(d)   A person who, within two years immediately preceding the date of making application, has been convicted of a felony or any crime involving moral turpitude, or has been adjudged guilty of drunkenness or driving a motor vehicle while under the influence of intoxicating liquor or the violation of any other intoxicating liquor law of any state or of the United States.

(e)   A partnership, unless all the members of the partnership shall otherwise be qualified to obtain a license.

(f)    A corporation if any manager, officer or director thereof or any stockholder owning in the aggregate more than 25 percent of the stock of such corporation would be ineligible to receive a license hereunder for any reason other than non-residence within the city or county.

(g)   A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 25 percent of the stock of such corporation, has been an officer, manager or director, or a stockholder owning in the aggregate more than 25 percent of the stock, of a corporation which: (A) Has had a retailer’s license revoked under K.S.A. 41-2708 and amendments thereto; or (B) has been convicted of a violation of the drinking establishment act or the cereal malt beverage laws of this state.

(h)   A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee.

(i)    A person whose spouse would be ineligible to receive a retailer’s license for any reason other than citizenship, retailer residency requirements or age, except that this subsection (i) shall not apply in determining eligibility for a renewal license.

(Ord. 2243)

No license shall be issued for the sale at retail of any enhanced cereal malt beverage on premises which are located in areas not zoned for such purpose.

(Ord. 2243)

The rules and regulations regarding license fees shall be established by resolution. 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 under the license for the remainder of the calendar year in which the license is issued.

(Ord. 2243)

The chief of police, upon five days’ written notice, shall have the authority to suspend such license for a period not to exceed 30 days, for any violation of the provisions of this ordinance or other Jaws pertaining to enhanced cereal malt beverages, which violation does not in his or her judgment justify a recommendation of revocation. The licensee may appeal such order of suspension to the governing body within seven days from the date of such offer.

(Ord. 2243)

The governing body of the city, upon five days’ written notice, to a person holding a license to sell enhanced cereal malt beverages shall permanently revoke or cause to be suspended for a period of not more than 30 days such license for any of the following reasons:

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

(b)   If the licensee has violated any of the provisions of this section or has become ineligible to obtain a license under this section;

(c)   Drunkenness of a person holding such license, drunkenness of a licensee’s manager or employee while on duty and while on the premises for which the license is issued, or for a licensee, his or her manager or employee permitting any intoxicated person to remain in such place selling enhanced cereal malt beverages;

(d)   The sale of enhanced cereal malt beverages to any person under 21 years of age;

(e)   For permitting any gambling in or upon any premises licensed;

(f)    For permitting any person to mix drinks with materials purchased in any premises licensed or brought-into the premises for this purpose;

(g)   For the employment of any person under the age established by the State of Kansas for employment involving dispensing enhanced cereal malt beverages;

(h)   For the employment of persons adjudged guilty of a felony or of a violation of any law relating to intoxicating liquor;

(i)    For the sale or possession of, or for permitting the use or consumption of alcoholic liquor within or upon any premise licensed;

(j)    The nonpayment of any license fees;

(k)   If the licensee has become ineligible to obtain a license;

(l)    The provisions of subsections (f) and (i) shall not apply if such place of business is also currently licensed as a private club.

(Ord. 2243)

The licensee, within 20 days after the order of the governing body revoking any license, may appeal to the district court of Mitchell County and the district court shall proceed to hear such appeal as though such court had original jurisdiction in the matter. Any appeal shall not suspend the order of revocation of the license of any licensee, nor shall any new license be issued to such person or any person acting for or on his or her behalf, for a period of six months thereafter.

(Ord. 2243)

If a licensee desires to change the location of his or her place of business, he or she shall make an application to the governing body showing the same information relating to the proposed location as in the case of an original application. If the application is in proper form and the location is not in a prohibited zone and all other requirements relating to such place of business are met, a new license shall be issued for the new location for the balance of the year for which a current license is held by the licensee.

(Ord. 2243)

It shall be unlawful for any wholesaler and/or distributor, his, her or its agents or employees, to sell and/or deliver enhanced cereal malt beverages within the city, to persons authorized to sell the same within this city unless such wholesaler and/or distributor has first secured a license from the director of revenue, state commission of revenue and taxation of the State of Kansas authorizing such sales.

(Ord. 2243)

It shall be the duty of every licensee to observe the following regulations.

(a)   The place of business shall be open to the public and to the police at all times during business hours.

(b)   It shall be unlawful for any licensee or agent or employee of the licensee to become intoxicated in the place of business for which such license has been issued.

(c)   No licensee or agent or employee of the licensee shall permit any intoxicated person to remain in the place of business for which such license has been issued.

(d)   No licensee or agent or employee of the licensee shall sell or permit the sale of enhanced cereal malt beverage to any person under 21 years of age.

(e)   No licensee or agent or employee of the licensee shall permit any gambling in the place of business for which such license has been issued.

(f)    No licensee or agent or employee of the licensee shall permit any person to mix alcoholic drinks with materials purchased in said place of business or brought in for such purpose.

(g)   No licensee or agent or employee of the licensee shall employ any person under 18 years of age in dispensing enhanced cereal malt beverages. No licensee shall employ any person who has been judged guilty of a felony.

(Ord. 2243)

No licensee shall permit any immoral conduct in his or her place of business and shall keep and maintain his or her place of business in a clean and sanitary condition.

(Ord. 2243)

It shall be unlawful for any person to do any of the things or acts forbidden in this article. It shall be unlawful for any person to fail or refuse to do any of the things or acts commanded to be done by this article. Unless otherwise stated in this article, the penalty for violations of this article shall be those penalties as described in Section 1-116 of this code.

(Ord. 2243)

(a)   It shall be unlawful for any person to possess an open container or to consume any cereal malt beverage or beer containing not more than 6% alcohol by volume upon any sidewalk, public street, alley, public building, or any other public place within the City of Beloit, with the exception of a special event permit limited to consumption on a specified premises authorized herein by the governing body.

(b)   Said special event permit for the consumption of cereal malt beverage of beer containing not more than 6% alcohol by volume may be issued only under the following conditions:

(1)   If outdoors, the special event premises shall be continuous and shall have its boundaries clearly marked on the special event permit application and at the event so as to prohibit the public from entering except through some form of opening approved by designated city official.

(2)   If the outdoor special event area is designated as Chautauqua Park, the boundaries of said event shall be the area considered “Chautauqua Park” west of Hersey Avenue and the Chautauqua disc golf course, but excluding the Beloit City Pool. Special event permit applications for public consumption at the Beloit City Pool will not be accepted or approved.

(3)   If indoors, the special event area shall not exceed one public building.

(4)   The Chief of Police may establish such rules and regulations as he deems necessary in order to assure that no unlawful consumption of cereal malt beverages shall occur on the licensed premises.

(5)   The premises for which the license is to be issued shall have restroom facilities in close proximity of the premises.

(6)   The duration of the special event permit shall not exceed two (2) days.

(7)   The Governing Body may issue no more than four (4) special event licenses during any calendar year to one applicant.

(8)   The fee for a special event permit shall be set by resolution.

(c)   Any person or organization selling cereal malt beverages or beer containing not more than 6% of alcohol by volume in a public area shall be properly licensed by the City by obtaining a temporary special event cereal malt beverage license.

(Ord. 2244)