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It shall be the duty of every retailer licensee to observe the following regulations:

(A) The place of business licensed and operation under this title shall at all times have a front and rear exit unlocked when opened for business.

(B) The premises and all equipment used in connection with such business shall be kept clean and in a sanitary condition and shall at all times be open to the inspection of the police and health officers of the City, county and state.

(C) Except as provided by subsection (D) of this section, no cereal malt beverages may be sold or dispensed between the hours of 12:00 midnight and 6:00 a.m., or consumed between the hours of 12:00 midnight and 6:00 a.m., or on Sunday, except in a place of business which is licensed to sell cereal malt beverage for consumption on the premises or as allowed by Chapter 7.20.

(D) All patrons or customers of any place of business licensed as a general retailer shall exit and be off the premises of the place of business prior to and not later than one hour after the legal hour of closing; provided, however, that those establishments that are food establishments, licensed by the State of Kansas, may continue to supply only food and food service after the legal hour of closing as long as no cereal malt beverages are sold or dispensed; provided, further, that this subsection shall not apply to validly licensed private clubs.

(E) Cereal malt beverages may be sold on premises which are both licensed pursuant to this chapter and at any time alcoholic liquor is allowed by law to be served on premises which are licensed pursuant to K.S.A. 41-2701, et seq., and licensed as a club by the State of Kansas.

(F) The place of business shall be open to the public and to the police at all times during business hours, except that premises licensed as a club under a license issued by the State of Kansas shall be opened to the police and not to the public.

(G) It shall be unlawful for any licensee or agent or employee of the licensee to become intoxicated in the place of business for which such license has been issued.

(H) No licensee or agent or employee of the licensee shall permit any intoxicated person to remain in the place of business for which such license has been issued.

(I) No licensee or agent or employee of the licensee shall sell or permit the sale of cereal malt beverage to any person under the legal age for consumption.

(J) No licensee or agent or employee of the licensee shall permit any gambling in the place of business for which such license has been issued.

(K) No licensee or agent or employee of the licensee shall permit any person to mix alcoholic drinks with materials purchased in said place of business or brought in for such purpose.

(L) No licensee shall employ any person who has been judged guilty of a felony.

(M) No private rooms or closed booths shall be operated in a place of business, but this provision shall not apply to premises also licensed as a club pursuant to the Club and Drinking Establishment Act.

(N) No licensee shall permit a person under the legal age for consumption of cereal malt beverage to consume or purchase cereal malt beverage in or about a place of business, and no licensee shall permit a person under the legal age for consumption of cereal malt beverage to possess cereal malt beverage in or about a place of business, except that a licensee’s employee who is not less than eighteen (18) years of age may dispense or sell cereal malt beverages if:

(1) The licensee’s place of business is licensed only to sell cereal malt beverage at retail in original and unopened containers and not for consumption on the premises; or

(2) The licensee’s place of business is a food establishment, licensed by the State of Kansas, and either:

(a) The licensee’s place of business sells prepared food for consumption on the premises of the licensed place of business, or

(b) The primary purpose of such licensed food service establishment is a public golf course or an art studio.

(O) No person shall have alcoholic liquor in such person’s possession while in a place of business, unless the premises are currently licensed as a club or drinking establishment pursuant to the Club and Drinking Establishment Act. (Ord. 20-46 § 3, 2020; Ord. 16-07 § 3, 2016; Ord. 05-141 § 14, 2005; Ord. 97-51 § 2, 1997; Ord. 87-139 § 1, 1987.)