§ 4.12.150. Revocation or suspension of license by city council; grounds; right of appeal.

The City Council, upon five days' written notice, to a person holding a license to sell cereal malt beverages may assess an administrative penalty up to $1,000 and/or suspend such license for a period not to exceed 30 days or may revoke such license for any of the following reasons:

(a)

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

(b)

If the licensee, manager, employee or agent has violated any of the provisions of this Chapter or Chapter 3.30 of the Code of the City of Wichita, any rule or regulation of the City Council or the licensed premises are in violation of the health, housing, fire, zoning or building codes of any local, state or federal jurisdiction, including but not limited to, occupancy exceeding licensed capacity of a premises;

(c)

If the licensee has become ineligible to obtain a license under this chapter;

(d)

Drunkenness of a person holding such license, drunkenness of a licensee's manager or employee while on duty and while on the premises for which said license is issued, or for a licensee, his manager or employee permitting any intoxicated person to remain in such place selling cereal malt beverages;

(e)

The sale or gift of cereal malt beverages to those under the legal age for consumption of cereal malt beverages by a licensee, his manager or employee;

(f)

The nonpayment of any license fees payable hereunder;

(g)

For a licensee, his manager or employee to permit gambling in or upon premises selling cereal malt beverages;

(h)

For a licensee, his manager or employee to permit any person to mix drinks with materials purchased in such place of business or brought in for that purpose unless currently licensed as a private club or drinking establishment;

(i)

For the employment of persons under the legal age of consumption in dispensing cereal malt beverages in a tavern or under eighteen years of age in a food service establishment or for off-premises consumption;

(j)

For employing or continuing the 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 city, this state, another state or the United States;

(k)

For the sale or possession of or for permitting any person to use or consume upon or in said premises alcoholic liquor, as defined in Section 4.04.010 except in a place of business licensed as a private club or drinking establishment, pursuant to this title and Article 26 of Chapter 41 of the Kansas Statutes Annotated;

(l)

For failure to maintain sufficient records to determine the percentage of gross revenues obtained from the selling of cereal malt beverages;

(m)

For failure to permit the inspection of such records at all times during business hours by proper agents of the city;

(n)

For recklessly, directly or indirectly, selling giving away, disposing of, exchanging or delivering, purchasing or buying for distributing or permitting the sale, gift or procuring of any cereal malt beverage to for, or on behalf of any person who is an incapacitated person, or any person who is physically or mentally incapacitated by the consumption of such cereal malt beverage; or

(o)

There has been a violation of K.S.A. 21-4106 (maintaining a public nuisance) or 21-4107 (permitting a public nuisance) prior to their repeal, or K.S.A. 21-6204 (maintaining, permitting a public nuisance) and amendments thereto, in or upon the licensee's place of business.

Within 10 business days after the order of the City Council revoking or suspending any license, or assessment of an administrative penalty, the licensee may appeal from such order to the Sedgwick County District Court as now provided by law in K.S.A. 41-2708 and amendments thereto; provided, that any appeal taken from an order revoking or suspending any such license shall not stay the order of revocation or suspension during the pendency of any such appeal.

In case of the revocation of a license of any licensee, no new license shall be issued to such person or to any person acting for or on behalf, for a period of six months after the revocation.

(Ord. No. 39-0906 § 12; Ord. No. 48-353, § 10, 6-23-09; Ord. No. 50-160, § 5, 3-15-2016)