It shall be unlawful for any person granted a private club license by the State of Kansas to sell or serve any alcoholic liquor authorized by such license within the City without first obtaining a local license from the City Clerk.
(Ord. 972; Code 2022)
(a) There is hereby levied a biennial license fee on each private club located in the City which has a private club license issued by the State Director of Alcoholic Beverage Control, which 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. The City license fee for a Class A club shall be $300.00, and the City license fee for a Class B club shall be $500.00.
(b) All applications for new or renewal City licenses shall be submitted to the City Clerk. Upon presentation of a state license, payment of the City license fee and the license application, the City Clerk shall issue a City license for the period covered by the state license, if there are no conflicts with any zoning or alcoholic beverage ordinances of the City.
(c) The license period shall extend for the period covered by the state license. No license fee shall be refunded for any reason.
(d) Every licensee shall cause the City club license to be placed in plain view next to or below the state license in a conspicuous place on the licensed premises.
(Ord. 972; K.S.A. 41-2622; Code 2022)
(a) The club licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor on its premises between the hours of 2:00 a.m. and 9:00 a.m. on any day.
(b) Cereal malt beverages may be sold on premises licensed for the retail sale of cereal malt beverages for on-premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises.
(c) No club membership shall be sold to any person under 21 years of age, nor shall alcoholic beverages or cereal malt beverages be given, sold or traded to any person under 21 year of age.
(Ord. 972; Code 2022)
(a) No alcoholic liquor shall be sold or served by a person holding a license or permit from the City whose place of business or other premises are located within 200 feet of any existing hospital, school or church, said distance to be measured from the nearest property line of such hospital, school, or church, 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 permit 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 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.
(Ord. 972; Code 2022)
(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, during the period of time the premises are open for the serving, mixing or consumption of alcoholic liquor.
(b) It shall be unlawful for the operator, person in charge or licensee of any premises licensed for on premises consumption of alcoholic liquor during the period when alcoholic liquor is being served to permit any person under the age of 21 years to remain on the premises.
(Ord. 972; Code 2022)
If the licensee has violated any of the provisions of this article, the governing body of the City, upon five (5) days written notice to the person holding such license to sell alcoholic liquor, may permanently revoke or cause to be suspended for a period of not more than 30 days such license and the individual holding the license may be charged in municipal court with a violation of the alcoholic liquor laws of the City and upon conviction shall be punished by:
(a) A fine of not more than $499.00; or
(b) Imprisonment in jail for not more than 179 days; or
(c) Both such fine and imprisonment not to exceed (a) and (b) above.
(Ord. 972; Code 2022)
The following conduct by a club licensed hereunder, or any licensee, manager or employee of any club so licensed, is deemed contrary to public welfare and is prohibited:
(a) Remaining or permitting any person to remain in or upon the premises who exposes to view any portion of the female breasts below the top of the areola or any portion of males/females pubic hair, anus, buttocks or genitals;
(b) Permitting any employee on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any other employee or patron;
(c) Encouraging or permitting any patron on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any employee;
(d) Performing or permitting any person to perform on the licensed premises acts of or acts which simulate;
(1) Sexual intercourse, masturbation, sodomy, or any other sexual act which is prohibited by law;
(2) Touching, caressing; or fondling such persons breasts; buttocks, anus or genitals;
(e) Using or permitting any person to use on the licensed premises, any artificial devices or inanimate objects to depict any of the acts prohibited by paragraph (d) of this section.
(f) Showing or permitting any person to show on the licensed premises any motion picture, film, photograph, electronic reproduction, or other visual reproduction depicting:
(1) Acts or simulated acts of sexual intercourse, masturbation, sodomy, or any sexual act which is prohibited by law;
(2) The touching, caressing or fondling of the buttocks, anus, genitals or the female breasts;
(3) Scenes in which a person displays the buttocks, anus, genitals or the female breasts.
(g) As used in this section, the term premises means the premises licensed by the State of Kansas as a private club and such other areas, under the control of the licensee or his or her employee or employees, that are in such close proximity to the licensed premises that activities and conduct of persons within such other areas may be viewed by persons on or within the licensed premises.
(Ord. 1058; Code 2022)