41-2704. Hours and days of sale; standards; prohibited acts.
41-2704
41-2704. Hours and days of sale; standards;prohibited acts.(a) In addition to and consistent with the requirements of thecereal malt beverage act, the boardof countycommissioners of any county or the governing body of anycity mayprescribe hours of closing, standards of conduct and rules andregulations concerning the moral, sanitary and health conditions ofplaces licensed pursuant to this act and mayestablish zones within whichno such place may be located.
(b) Within any city where the days of sale at retail of cerealmalt beverage in the original package havenot been expanded as provided byK.S.A. 2009 Supp.41-2911, and amendmentsthereto, or havebeen so expanded and subsequently restrictedas provided byK.S.A. 2009 Supp.41-2911, and amendments thereto, and within any townshipwhere the hours anddays of sale at retail of cereal malt beverage in the original package havenot beenexpanded as provided byK.S.A. 2009 Supp.41-2911, and amendments thereto, orhavebeen so expanded and subsequently restricted as provided byK.S.A. 2009 Supp.41-2911, andamendments thereto, no cereal maltbeverages may besold:
(1) Betweenthe hours of 12 midnight and 6 a.m.; or
(2) on Sunday, except in a place of business which is licensed to sellcerealmalt beverage for consumption on the premises, which derives not lessthan 30% of its gross receipts from the sale of food for consumption on thelicensed premises and which is located in a county where such sales onSunday have been authorized by resolution of the board of countycommissioners of the county or in a city where such sales on Sunday havebeen authorized by ordinance of the governing body of the city.
(c) Within any city where the days of sale at retail of cereal maltbeverage in the original package havebeen expanded as provided byK.S.A. 2009 Supp.41-2911, and amendments thereto,and have notbeen subsequently restrictedas provided inK.S.A. 2009 Supp.41-2911, and amendments thereto, and within any townshipwhere thedays of sale at retail of cereal malt beverage in the original package havebeenexpanded as provided byK.S.A. 2009 Supp.41-2911, and amendments thereto, andhavenot been subsequently restricted as provided byK.S.A. 2009 Supp.41-2911, andamendmentsthereto, no person shallsell at retail cereal malt beverage:
(1) Between the hours of 12 midnight and 6 a.m.;
(2) in the original package before 12 noon [or] after 8 p.m. on Sunday;
(3) on Easter Sunday; or
(4) for consumption on the licensed premises on Sunday, except in a place ofbusiness which is licensed to sell cereal malt beverage for consumption on thepremises, which derives not less than 30% of its gross receipts from the saleof food for consumption on the licensed premises and which is located in acounty where such sales on Sunday have been authorized by resolution of theboard of county commissioners of the county or in a city where such sales onSunday have been authorized by ordinance of the governing body of the city.
(d) No private rooms or closedbooths shall be operated in a place of business, but this provisionshall not apply if the licensed premises alsoare licensed asa club pursuant to the cluband drinking establishment act.
(e) Each place of business shall be open to the public andto law enforcement officers at all times during businesshours, except that a premiseslicensed as a club pursuant tothe club and drinking establishment actshall be opento law enforcement officers and not to thepublic.
(f) Except as otherwise provided by this subsection,no licensee shallpermit a person under the legal age for consumptionof cereal malt beverageto consume or purchase any cereal malt beverage inor about a place of business. A licensee's employee who is not less than18 years of age maydispense orsell cereal malt beverage, if:
(1) The licensee's place of business is licensed only to sell atretail cerealmalt beverage in the original package and not forconsumption on the premises; or
(2) the licensee's place of business is a licensed food serviceestablishment, as defined by K.S.A. 36-501 and amendments thereto, and notless than 50% of thegross receipts from the licensee's place of business is derived from thesale of food for consumption on the premises of the licensed place of business.
(g) No person shall have any alcoholicliquor in such person's possession while in a place of business, unless thepremises are currently licensed as a club or drinkingestablishment pursuant to the club and drinking establishment act.
(h) Cereal malt beverages may be sold on premises which arelicensedpursuant to both the cereal malt beverage act and the club anddrinkingestablishment actat any time whenalcoholic liquor is allowed by law to be served on the premises.
History: L. 1937, ch. 214, § 4; L. 1951, ch. 302, § 1;L.1963, ch. 268, § 1; L. 1965, ch. 316, § 35; L. 1981, ch. 201,§3; L. 1982, ch. 211, § 2;L. 1985, ch. 171, § 6;L. 1987, ch. 182, § 100; L. 1987, ch. 183, § 4;L. 1994, ch. 166, § 2;L. 2005, ch. 201, § 13; Nov. 15.