It shall be unlawful for any person licensed by the State of Kansas as a caterer to sell alcoholic liquor by the drink, to sell or serve any liquor by the drink on unlicensed premises within the city which may be open to the public without obtaining a local caterer’s license from the city clerk.

(Ord. 1494, Sec. IV-1)

(a)   There is hereby levied an annual license fee in the amount of $250.00 on each caterer doing business in the city who has a caterer’s 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 days after any renewal of a state license.

(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 caterer license to be placed in plain view on any premises within the city where the caterer is serving or mixing alcoholic liquor for consumption on the premises.

(Ord. 1494, Sec. IV-2)

(a)   No caterer licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor between the hours of 2:00 a.m. and 6:00 a.m. on any day.

(b)   No alcoholic beverages or cereal malt beverages shall be given, sold or traded to any person under 21 years of age.

(Ord. 1494, Sec. IV-3)

Prior to any event at which a caterer will sell or serve alcoholic liquor by the individual drink, the caterer shall provide written notice to the chief of police at least five days prior to the event if the event will take place within the city. The notice shall contain the location, name of the group sponsoring the event, and the exact date and times the caterer will be serving.

(Ord. 1494, Sec. IV-4)

If the licensee has violated any of the provisions of this article, the governing body of the city, upon five days written notice to the person holding such caterers 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; 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. 1494, Sec. IV-5)