ORDINANCE NO. 8940
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, REPEALING EXISTING CHAPTER IV, ARTICLE 2, SECTION 2-405 AND ENACTING, IN ITS PLACE, CHAPTER IV, ARTICLE 2, SECTION 2-405 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2013 EDITION, AND AMENDMENTS THERETO, PERTAINING TO CEREAL MALT BEVERAGES.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION 1. Existing Chapter IV, Article 2, Section 2-405 of the Code of the City of Lawrence, Kansas, 2013 Edition, and amendments thereto, is hereby repealed in its entirety, it being the intent of the Governing Body that Section 2 of this Ordinance supersede it.
SECTION 2. Chapter IV, Article 2, Section 4-205 of the Code of the City of Lawrence, Kansas, 2013 Edition, and amendments thereto, is hereby enacted to read as follows:
4-205 CEREAL MALT BEVERAGE LICENSE APPROVAL; DISQUALIFICATION
(A) The Governing Body shall, if the applicant is qualified as provided by law, approve the application and issue to the applicant a Cereal Malt Beverage License.
(B) No Cereal Malt Beverage shall be issued to:
(1) Any person who is not a resident of Douglas County, Kansas, has not been a resident of Douglas County, Kansas, for at least six (6) months, or is not a resident in good faith of the State of Kansas;
(2) Any person who has not been a resident of the State of Kansas for at least one year immediately preceding the date of the application for a Cereal Malt Beverage License;
(3) Any person who is not a citizen of the United States;
(4) Any person who, within two (2) years immediately preceding the date of the application, has been convicted of a felony or of any crime involving moral turpitude, drunkenness, driving a motor vehicle while under the influence of intoxicating liquors, or any other liquor law of the State of Kansas, any other state, or the United States;
(5) Any partnership, unless all members of the partnership are eligible and otherwise qualified to obtain and hold a Cereal Malt Beverage License;
(6) Any corporation, if any manager, officer, or director thereof, or any shareholder owning, in the aggregate, more than twenty-five percent (25%) of such corporation, is ineligible to receive a license hereunder for any reason other than the citizenship and residency requirements of subsections (A)-(C) hereof;
(7) Any corporation, if any manager, officer, or director thereof, or any shareholder owning, in the aggregate, more than twenty-five percent (25%) of such corporation, has been an officer, manager, or director, or a shareholder owning, in the aggregate, more than twenty-five percent (25%) of any corporation that: (1) had a license revoked under K.S.A. 41-2708, or any amendment thereto; or (2) was convicted of a violation of the Club and Drinking Establishment Act of 1965, codified as amended at K.S.A. 41-2601 et seq. or the Cereal Malt Beverage Act of 1937, codified as amended at K.S.A. 41-2701 et seq.;
(8) Any person whose place of business is overseen by a manager or agent, unless the manager or agent is eligible and otherwise qualified to obtain and hold a Cereal Malt Beverage License;
(9) Any person whose spouse would be ineligible to receive a Cereal Malt Beverage License for any reason other than citizenship, residency, or age requirements, except that this subsection shall not apply in determining eligibility for a renewal license under Section 4-204 of this Article;
(10) Any person, partnership, or corporation, until the application has been reviewed and approved by the Chief of Police or his or authorized representative;
(11) Any person, partnership, or corporation, until the applicant's premises has been inspected by the County Health Officer and is found to be in compliance with all laws, regulations, and ordinances applicable thereto; and
(12) Any person, partnership, or corporation who has not presented, at the time of making the application, a bona fide deed, lease, or other satisfactory written evidence that the applicant is the owner of the place for which a license is desired or is the person or entity to whom the owner of such place has given, in good faith, the possession and control of such premises.
SECTION 3. 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 4. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.
PASSED by the Governing Body of the City of Lawrence, Kansas, this _____ day of ________, 2013.
APPROVED:
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Michael Dever
Mayor
ATTEST:
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City Clerk
APPROVED AS TO FORM AND LEGALITY:
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Toni R. Wheeler
City Attorney
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NOTICE TO PUBLISHER
Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.