ORDINANCE NO. 298

ORDINANCE NO. 298

AN ORDINANCE REGULATING THE SALE OF NONINTOXICATING MALT BEVERAGES IN THE CITY OF TROY, DONIPHAN COUNTY, KANSAS; PROVIDING A LICENSE FOR DEALING IN OR THE SALE OF NONINTOXICATING MALT BEVERAGES; DEFINING WHOLESALE AND RETAIL DEALING AND SELLING; FIXING THE FEES TO BE PAID FOR LICENSE; PROVIDING PENALTIES FOR THE VIOLATION THEREOF AND PROVIDING FOR THE REVOCATION OF LICENSES.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TROY, KANSAS:

Section 1. It shall be and it is hereby declared unlawful for any person, firm or corporation, to deal in or sell, or have in his or its possession for the purpose of dealing in or selling, within the corporate limits of the City of Troy, Kansas, any non-intoxicating malt beverage containing more than one half of one percent of alcohol, where such person, firm or corporation has failed or neglected to take out a license as herein provided.

Section 2. It shall be unlawful for any person to in any manner assist any other person, firm or corporation in dealing in, selling or having in his or its possession for the purpose of dealing in or for sale, any non-intoxicating malt beverage, where such person, firm or corporation has failed or neglected to take out a license as herein provided.

Section 3. That all persons, firms or corporations to whom a license shall be issued under the provisions hereof, shall pay the sums and amounts as specified in the following schedule for each separate place of business where such beverages are dealt in or sold, viz: for selling or dealing in said beverages in original packages, kegs or barrels for resale as a wholesaler, $10.00 per quarter year or fraction thereof.

For selling or dealing in said beverages in original packages and/or otherwise at retail, $10.00 per quarter year or fraction thereof.

Section 4. The quarter year periods shall be as follows: the first quarter in each year shall be the months of January, February and March; second quarter, April, May and June; third quarter, July, August and September; and the fourth quarter shall be October, November and December.

Section 5. Selling or dealing in nonintoxicating malt beverages at wholesale shall be deemed to mean and include, the dealing in or sale of such beverages in quantities of five gallons or more, or in cases of 24 original package bottles or more at any one time. Selling or dealing in such beverages at retail shall be deemed to mean and include the dealing in or sale thereof for consumption and not for resale. The term “original package” shall be deemed to mean the bottles or sealed containers in which the beverage is placed at the place of manufacture.

Section 6. Any person, firm or corporation desiring to deal in or sell nonintoxicating malt beverages of more than one half of one percent alcoholic contents within the corporate limits of the City of Troy, may obtain a license so to do, by making application as herein provided and paying to the City Clerk, in advance, the sum or sums specified herein; provided, that no such license shall be issued unless the person applying therefor shall make an application to the City Clerk in writing, which shall state the name and residence of the applicant and the location of the place where said beverages are to be dealt in or sold, how the same are to be sold, whether at wholesale in original package only, or at retail; and provided further that such license shall not authorize the person named therein as licensee to deal in or sell such beverages at any other place than that designated in said license; and provided further that when such license is issued it shall be kept posted in a conspicuous place in the place of business covered thereby; and provided further that no gambling nor gambling device shall be permitted in or about the licensed premises and that the premises shall be open to inspection by the police and health officers of said City.

Section 7. If after any license has been issued under the provisions hereof, the governing body of the City of Troy or any police officer shall have reason to believe that any provisions of this ordinance is being violated by any licensee hereunder or that the business of such licensee is conducted in violation of the laws of the United States, the State of Kansas or the ordinances of the City of Troy, said licensee shall be ordered by any peace officer to appear at a certain day and hour before the Governing Body of the City of Troy, to show cause if any he or it has, why said license should not be revoked; if such licensee shall appear at such time and place as ordered, he or it shall be given full opportunity to be heard and to present such evidence as he or it may desire; if the Governing Body finds that such business is being operated in a lawful manner, the said license shall be continued in full force and effect; if the Governing Body shall find otherwise, then a finding shall be made in writing and the Governing Body shall have full power to revoke said license and when any such license is revoked, the Governing Body nor the City Clerk shall grant any new license to said licensee.

Section 8. No alcoholic nor intoxicating liquors stronger than 3.2 beer shall be kept or sold on the premises where license is granted; and having such intoxicating liquor on the premises shall be sufficient grounds for revoking said license.

Section 9. Should any license be revoked as above provided, the licensee shall not be entitled to any rebate on any license so revoked.

Section 10. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $100.00 and shall stand committed to jail until payment of fine and costs are made and this shall be in addition to the revocation of license if such person has a license, and provided further that each day during which any such violation occurs shall be deemed and is hereby declared to be a separate offense.

Section 11. This Ordinance shall take effect and be in full force from and after its passage, approval and publication in The Kansas Chief.

Passed and approved this 6th day of September, 1934.

Attest: Glenn L. Hackney, City Clerk

R. L. [signature unclear], Mayor