APPENDIX A – CHARTER ORDINANCESAPPENDIX A – CHARTER ORDINANCES\CHARTER ORDINANCE NO. 9

A CHARTER ORDINANCE EXEMPTING THE CITY OF ST. JOHN, KANSAS FROM THE PROVISIONS OF K.S.A. 1978 Supp. 41-2702 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO THE RETAIL SALE OF CEREAL MALT BEVERAGES AND ESTABLISHING LICENSE FEES AND THE PROCEDURE FOR OBTAINING A LICENSE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. JOHN KANSAS:

SECTION 1. The City of St. John, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas hereby elects to exempt itself from and make inapplicable to it the provision of K.S.A. Supp. 41-2701, and hereby provides substitute provisions as hereinafter set forth.

SECTION 2. For the purpose of this ordinance all words, terms and phrases shall have the meanings ascribed to them by K.S.A. 1978 Supp. 41-2701, where the same are defined in such statute.

SECTION 3. No persons shall sell any cereal malt beverage at retail in the city of St. John without first securing a license for each place of business as herein provided.  The application for such license shall be made to the Governing Body and filed with the City Clerk of said City.  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;

(b)         The length of time the applicant has resided within the State of Kansas;

(c)         The particular place of business for which a license is desired;

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

(e)         A statement that the applicant is a citizen of the United States and not less than twenty-one (21) years of age and that he has not within two (2) years immediately preceding the date of making application been convicted of a felony, any crime involving moral turpitude, drunkenness, driving a motor vehicle while under the influence of intoxicating liquor or violation of any other intoxicating liquor law of any state or of the United States.

(f)         Such additional information as may be required by the Governing Body by ordinance.

SECTION 4. All applications for a license to sell cereal malt beverages at retail in original and unopened containers and not for consumption on the premises shall be accompanied by a license fee of $100 and all applications for the sale of cereal malt beverage for consumption on the premise shall be accompanied by a fee of $150.

SECTION 5. All licenses issued in accordance with the provisions of this ordinance shall be for a term of one (1) year and shall not be transferrable to another person or to another location.

(02-02-1982)