§ 6-109. Examination; disqualification; approval.  


Latest version.
  • If the application is in proper form and accompanied by the amount of the license fee, the board of city commissioners, if the applicant is qualified as provided by law, shall issue a license, provided that no license shall be issued to or for:

    (1)

    A person who has not been a resident in good faith of the state for at least one year immediately preceding application and a resident of the county for at least six months;

    (2)

    A person who is not of good character and reputation in the community in which he resides;

    (3)

    A person who is not a citizen of the United States;

    (4)

    A person who within two years immediately preceding the date of making application has been convicted of a felony or any crime involving dishonesty, or has been adjudged guilty of furnishing alcohol to a minor, in violation of city Uniform Public Offense Code 5.2; hosting a minor alcohol party, in violation of city Uniform Public Offense Code 5.3; driving under the influence of alcohol, in violation of city Standard Traffic Ordinance 30 and/or 30.1; or the law of any other city or state of the United States that prohibits the same or similar conduct; or the violation of any other intoxicating liquor law of any city or state or of the United States;

    (5)

    A partnership, unless all the members of the partnership shall otherwise be qualified to obtain a license;

    (6)

    A corporation, if any manager, officer or director thereof or any stockholder owning in the aggregate more than 25 percent of the stock of such corporation would be ineligible to receive a license under this article for any reason other than nonresidence within the city or county;

    (7)

    A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 25 percent of the stock of such corporation, has been an officer, manager, or director, or a stockholder owning in the aggregate more than 25 percent of the stock, of a corporation which:

    a.

    Has had a retailer's license revoked under K.S.A. 41-2708 and amendments thereto; or

    b.

    Has been convicted of a violation of the Drinking Establishment Act or the cereal malt beverage laws of this state;

    (8)

    A person whose place of business is conducted or to be conducted by a manager or agent unless the manager or agent possesses the same qualifications required of the licensee;

    (9)

    A person whose spouse would be ineligible to receive a retailer's license for any reason other than citizenship, retailer residency requirements or age, except that this subsection shall not apply in determining eligibility for a renewal license; or

    (10)

    A premises or a place of business which does not conform to the codes of the city, including zoning, building, plumbing, electrical, sanitary, and health.

(Prior Code(1), § 4-105; Prior Code(2), § 5.16.050; Ord. No. 1735, 1972; Ord. No. 2014, § 1, 1976; Ord. No. 3413, § 1, 12-1-1987; Ord. No. 2011-10-4288, § 1(20.04.030), 10-4-2011)

State law reference

Club and drinking establishments act, K.S.A. 41-2601, 41-2604—41-2615, 41-2619—41-2623, 41-2625—41-2633, 41-2633a, 41-2634—41-2637, 41-2639, 41-2640, and 41-2641—41-2648.