(a)   Enhanced Cereal Malt Beverage shall mean (1) “cereal malt beverage” as that substance is presently defined in K.S.A. 41-2701, and any subsequent amendments thereto, and (2) shall also 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.

(b)   All other terms defined in K.S.A. 41-2701, and any subsequent amendments thereto, shall have the same meanings when such terms are used in this Chapter.

(c)   It shall be unlawful for any person to sell any Enhanced Cereal Malt Beverage at retail without having first secured from the City of Garnett a license for each place of business which such person desires to operate within the corporate limits of the city, as h~rein provided. A person having a license to sell such beverages only at retail in unopened, original containers and not for consumption on the premises shall not sell such beverages in any other manner.

(d)   The license issued to a retailer by the City of Garnett under the provisions of this Chapter, whether such license is issued prior to April 1, 2019, or at any time thereafter, shall be deemed to be a license issued to a retailer under the Kansas Cereal Malt Beverage Act and shall authorize the sale at retail of enhanced cereal malt beverage from and after April 1, 2019.

(Ord. 4198; Code 2023)

The fees charged to allow persons to engage in the sale at retail of enhanced cereal malt beverages hereunder within the City of Garnett are hereby set and fixed as follows:

(a)   For each place of business sellihg only in unopened, original containers and not for consumption on the premises, Fifty Dollars ($50.00) per thirty days.

(b)   For each place of business selling at retail for a particular event on what is commonly called a temporary permit, such fee shall be fixed by the Governing Body in granting said temporary permit,’ but in no case shall such fee be less than Fifty Dollars ($50.00) for each such event.

(c)   For every other place of business, Seventy-five Dollars ($75.00).

All licenses shall be issued for a calendar year and the full amount of the annual license fee shall be required, regardless of the time of year in which the application is made, and the licensee shall be authorized to operate under said license for the calendar year for which said license is issued or for the remainder of the calendar year if such license is issued after January 1st of any year. Temporary permits shall specify the days and hours of each day that such sales shall be permitted, and the fee shall not be refunded by the city upon cancellation of the permit or the event, regardless of the reason for such cancellation.

(Code 1961, 5-9-2; Ord. 3615; K.S.A. 41-2702; Ord. 4198; Code 2023)

(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.

(Code 1961, 5-9-3; Ord. 2343; Code 2023)

(a)   No person under the legal age for consumption of enhanced cereal malt beverages shall buy, possess or consume, or attempt to buy, possess or consume, any enhanced cereal malt beverage in a licensed place of business.

(b)   No licensee shall sell any enhanced cereal malt beverage to, or permit possession or consumption of the same by, any person under the legal age for consumption of enhanced cereal malt beverages in or upon the premises of licensed place of business.

(c)   Nothing in this Chapter shall be construed to prohibit a licensee’s bona fide employee who is at least eighteen (18) years of age from possessing within such licensed place of business enhanced cereal malt beverage product for the purpose of selling or dispensing the same, if:

(1)   The place of business is licensed only for sale of enhanced cereal malt beverage in the unopened, original containers and not for consumption on the premises; or,

(2)   The place of business is licensed both under this Chapter and also as a licensed food service establishment as defined by Kansas law.

(Ord. 4198; Code 2023)

No license shall be issued under this Chapter which would permit the licensee to sell enhanced cereal malt beverages at retail, other than in the unopened, original containers and not for consumption on the premises, for any premises within the City of Garnett other than in the following locations:

(a)   The South Half (S%) of Block Thirty-four (34); the South Half (S%) of Block Thirty-five (35); all of Block Forty-seven (47); the South Half (S%) of Block Forty-five (45); the North Half (N%) of Block Fifty-four (54); all of Block Fifty-five (55) ; the Ordinance Amending CMB Licensing North Half (N~) of Block Fifty-six (56); or the North Half (N~) of Block Sixty-six (66); provided, however, that no license shall be issued, the issuance of which would permit the location of more than one such place of business in any of the hereinbef ore described blocks or half blocks; and provided, further, that no license shall be issued in violation of the City’s zoning ordinance and regulations thereunder.

(b)   Any lot or tract within a B-1 general business district zone; provided, however, any such licensed business shall utilize one or more public streets for all public entrances thereto or exits therefrom. For purposes of this sub-section, a public alley is not to be considered a public street.

(c)   The application for any temporary permit or any temporary expansion of a licensed premises shall specify particularly the area in which any enhanced cereal malt beverage sale and consumption shall be permitted and such area shall be defined on the premises by some physical barrier such as a fence, barricade, tent or similar feature if not within the confines of a structure or building.

(d)   The City Commission of Garnett may grant an exception to sub-sections (A) or (B) for good cause shown. An applicant desiring an exception shall, at the time of submission of his or her application for a license under this Chapter, endorse on such application a request for the desired exception. After receiving an application for a license so endorsed, the Governing Body shall hold a public hearing on such requested exception. Notice of the time and place of such hearing shall be given by publication one time in an official newspaper of the City of Garnett, at least 20 days prior to such hearing. Such exception, if granted, shall be personal and shall extend only to the applicant and not to his or her heirs, successors, or assigns, but shall be good only for so long as said applicant shall be licensed to sell enhanced cereal malt beverages under this Chapter.

(Code 1961, 5-9-10; Ord. 3615; Ord. 3641; Ord. 4198; Code 2023)

(a)   Except as provided by subsection (B), no person shall sell or furnish enhanced cereal malt beverages at retail on credit; on a passbook; on an order on a store; in exchange for goods, wares or merchandise; or in payment for any services rendered. If a person extends credit for such purpose, the debt attempted to be created shall not be recoverable at law and, in addition, such person shall suffer any criminal penalties provided by the state of Kansas or the ordinances of this city.

(b)   A licensed retailer may sell enhanced cereal malt beverages to a consumer on credit pursuant to a credit card which entitles the user to purchase goods or services from at least 100 persons not related to the user of the credit card.

(Ord. 4198; Code 2023)

The rules and regulations regarding license fees shall be as follows:

(a)   General Retailer -- for each place of business selling cereal malt beverages at retail, $75 per calendar year.

(b)   Limited Retailer -- for each place of business selling only at retail cereal malt beverages in original and unopened containers and not for consumption on the premises, $50 per calendar year.

(b)   For each place of business selling cereal malt beverages at retail for a particular event on what is commonly called a temporary permit, such fee as shall be fixed by the Governing Body in granting the said temporary permit, but in no case less than fifty dollars ($50.00) for said event.

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.

(Code 1961, 5-9-2; Ord. 3615; K.S.A. 41-2702; Code 2023)

(a)   No person under the legal age for consumption of enhanced cereal malt beverages shall buy, possess or consume, or attempt to buy, possess or consume, any enhanced cereal malt beverage in a licensed place of business.

(b)   No licensee shall sell any enhanced cereal malt beverage to, or permit possession or consumption of the same by, any person under the legal age for consumption of enhanced cereal malt beverages in or upon the premises of licensed place of business.

(c)   Nothing in this Chapter shall be construed to prohibit a licensee’s bona fide employee who is at least eighteen (18) years of age from possessing within such licensed place of business enhanced cereal malt beverage product for the purpose of selling or dispensing the same, if:

(1)   The place of business is licensed only for sale of enhanced cereal malt beverage in the unopened, original containers and not for consumption on the premises; or,

(2)   The place of business is licensed both under this Chapter and also as a licensed food service establishment as defined by Kansas law.

(Ord. 4198; Code 2023)

The Governing Body of the city, upon five days’ written notice, to a person holding a license to sell 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 article or has become ineligible to obtain a license under this article;

(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 or upon such place selling cereal malt beverages;

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

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

(f)   For permitting any person to mix drinks with materials purchased in or upon any premises licensed under this article 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 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 under this article;

(j)    The nonpayment of any license fees;

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

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

(K.S.A. 41-2708; Code 2023)

No license shall be issued under this Chapter which would permit the licensee to sell enhanced cereal malt beverages at retail, other than in the unopened, original containers and not for consumption on the premises, for any premises within the City of Garnett other than in the following locations:

(a)   The South Half (S 1/2) of Block Thirty-four (34); the South Half (S 1/2) of Block Thirty-five (35); all of Block Forty-seven (47); the South Half (S 1/2) of Block Forty-five (45); the North Half (N 1/2) of Block Fifty-four (54); all of Block Fifty-five (55) ; the Ordinance Amending CMB Licensing North Half (N 1/2) of Block Fifty-six (56); or the North Half (N 1/2) of Block Sixty-six (66); provided, however, that no license shall be issued, the issuance of which would permit the location of more than one such place of business in any of the hereinbef ore described blocks or half blocks; and provided, further, that no license shall be issued in violation of the City’s zoning ordinance and regulations thereunder.

(b)   Any lot or tract within a B-1 general business district zone; provided, however, any such licensed business shall utilize one or more public streets for all public entrances thereto or exits therefrom. For purposes of this sub-section, a public alley is not to be considered a public street.

(c)   The application for any temporary permit or any temporary expansion of a licensed premises shall specify particularly the area in which any enhanced cereal malt beverage sale and consumption shall be permitted and such area shall be defined on the premises by some physical barrier such as a fence, barricade, tent or similar feature if not within the confines of a structure or building.

(d)   The City Commission of Garnett may grant an exception to sub-sections (A) or (B) for good cause shown. An applicant desiring an exception shall, at the time of submission of his or her application for a license under this Chapter, endorse on such application a request for the desired exception. After receiving an application for a license so endorsed, the Governing Body shall hold a public hearing on such requested exception. Notice of the time and place of such hearing shall be given by publication one time in an official newspaper of the City of Garnett, at least 20 days prior to such hearing. Such exception, if granted, shall be personal and shall extend only to the applicant and not to his or her heirs, successors, or assigns, but shall be good only for so long as said applicant shall be licensed to sell enhanced cereal malt beverages under this Chapter.

(Code 1961, 5-9-10; Ord. 3615; Ord. 3641; Ord. 4198; Code 2023)

(a)   Every premises licensed under section 3-202(c) shall be closed to the public and no member of the public shall be or remain in or upon the licensed premises between the hours of twelve thirty o’clock (12:30) A.M. and six o’clock (6:00) A.M. of any day.

(b)   No person shall be employed or be permitted to continue in employment by any licensee or permittee in a managerial capacity or as a sales clerk who actually sells, carries for sale or receives payment for enhanced cereal malt beverages who is not a person of good character and a citizen of the United States and who, within two (2) years immediately preceding the date of his or her employment, or at any time during such employment, has been convicted of a felony or any crime involving a moral turpitude or been adjudged guilty of any crime or ordinance violation involving public intoxication or been adjudged guilty of driving a motor vehicle while under the influence of intoxicating liquor, or the violation of any other intoxicating liquor law of any state of the United States.

(c)   No premises licensed under either section 3-202(b) or section 3-202(c) shall be operated with any private rooms or closed booths, but this shall not apply if the licensed premises are also currently licensed as a club under a license issued by the Kansas director of alcoholic beverage control.

(d)   No licensee or permittee shall consume or permit any other person to consume any enhanced cereal malt beverage upon the licensed premises at hours other than when the business is open to the public or during the time specified on the temporary permit; nor shall any licensee or permittee, or employee or volunteer worker of either, consume any enhanced cereal malt beverage or any alcoholic liquor during the hours he or she is on duty at such business or event.

(e)   Except for retailers licensed pursuant to both this Chapter and the Kansas club and drinking establishment act:

(1)   No enhanced cereal malt beverage shall be sold between the hours of twelve o’clock (12:00) midnight and six o’clock (6:00) A.M., except under a temporary permit.

(2)   Except under a temporary permit, no enhanced cereal malt beverage shall be sold on Sunday, except in a place of business licensed under this Chapter which also derives not less than thirty percent (30%) of its gross receipts from the sale of food for consumption on the licensed premises.

(3)   Pursuant to K.S.A. 41-2911(b)(1), the sale at retail of enhanced cereal malt bevera~es in the unopened, original containers is allowed within the City of Garnett on any Sunday, except Easter, between the hours of twelve o’clock (12:00) noon and eight o’clock (8:00) P.M.

(f)   With respect particularly to event sponsors holding a temporary permit, the permit holder:

(1)   Shall not sell any enhanced cereal malt beverage for removal from or for consumption off the permitted premises.

(2)   Shall be responsible for the conduct of the event, and shall be responsible for all violations of this Chapter and all applicable Kansas laws committed by an employee, a volunteer worker and any employee or agent of any person or association contracting with the permit holder to provide goods or services in connection with the event.

(3)   Shall be present in person at all times during an event, or shall designate another individual who will be responsible for the conduct of the event in the permit holder’s absence.

(4)   Shall, if an organization or association, designate one or more agents who shall be personally present at all times during an event and who will be responsible for the conduct of the event.

(5)   Shall prominently display at such event the temporary license or permit and the name of the individual or agent(s) in charge of the event.

(6)   Shall not operate the event between the hours of two o’clock (2:00) A.M. and nine o’clock (9:00) A.M. of any day, nor allow sales of enhanced cereal malt beverage to occur during such hours; provided, however, nothing in this sub-section shall be construed to allow such operation or sale at any time not specifically stated in the said temporary permit.

(Code 1961, 5-9-11; K.S.A. 41-2704; K.S.A. 41-2911; Ord. 3615; Ord. 3909; Ord. 4198; Code 2023)

All premises licensed under this Chapter shall be open to inspection by the City Manager or any law enforcement officer or both. Refusal of the licensee to permit any such inspection of premises and any enhanced cereal malt beverages in the licensee’s possession or control on said premises shall be grounds for the suspension or revocation of said license.

(Ord. 4198; Code 2023)