§ 4-78. License suspension or revocation by governing body.

(a)

The governing body, upon five days written notice to a person holding a license to sell cereal malt beverages, shall permanently revoke or suspend such license for any of the following reasons:

(1)

The licensee fraudulently obtained the license by giving false information in the application therefor;

(2)

The licensee has become ineligible to obtain a license under K.S.A. 41-2701 et seq., and amendments thereto, or this Division;

(3)

The nonpayment of any license fees;

(4)

Permitting any gambling in or upon the licensee's place of business; however, gambling shall not include the term lottery as defined by state law, if the premises are licensed by the state for such lottery;

(5)

The employment of persons under 18 years of age in dispensing or selling cereal malt beverages;

(6)

The employment or continuation of employment of a person in connection with the sale, serving, or dispensing of cereal malt beverages if the licensee knows such person has been, within the preceding two years, adjudged guilty of a felony or of any violation of the intoxicating liquor laws of the state, another state, or the United States; or

(7)

There has been a violation of K.S.A. 21-6204, and amendments thereto, in or upon the licensee's place of business.

(b)

The governing body, upon five days written notice to a person holding a license to sell cereal malt beverages, may permanently revoke or suspend such license for any of the following reasons:

(1)

The licensee has violated any of the provisions of K.S.A. 41-2701 et seq., and amendments thereto, for which violation the city is authorized by law to revoke the license, or any provisions of this article, or any other rules or regulations of the city relating to cereal malt beverages, or any codes of the City of Manhattan relating to the premises;

(2)

Drunkenness of the licensee, or permitting any intoxicated person to remain in or upon the licensee's place of business;

(3)

The sale of cereal malt beverages to any person under the legal age for consumption of cereal malt beverages;

(4)

Permitting any person to mix drinks with materials purchased in or upon any premises licensed under this article or brought into the licensed premises for this purpose;

(5)

The sale or possession of, or permitting any person to use or consume on the licensed premises, alcoholic liquor;

(6)

The licensee has been convicted of a violation of K.S.A. 41-2901 et seq., and amendments thereto.

(c)

The provisions of subsections 4-78(b)(4) and (b)(5) shall not apply if such place of business is also currently licensed as a club or drinking establishment by the State of Kansas and the city.

(Ord. No. 6958, § 55, 8-14-12)