(a)   It shall be unlawful for any person to keep for sale, offer for sale, or expose for sale or sell any alcoholic liquor as defined by the “Kansas liquor control act” without first having obtained a state license to do so.

(b)   The holder of a license for the retail sale in the city of alcoholic liquors by the package issued by the state director of alcoholic beverage control shall present such license to the city clerk when applying to pay the occupation tax levied in section 3-302 and the tax shall be received and a receipt shall be issued for the period covered by the state license.

(Ord. 1567, Sec. 3; Code 1991)

(a)   There is hereby levied a biennial occupation tax, as set forth in the city’s fee schedule resolution, on any person holding a license issued by the state director of alcoholic beverage control for the retail sale within the city of alcoholic liquors for consumption off the premises. Such tax shall be paid by the retailer to the city clerk before business is begun under an original state license and shall be paid within 10 days after any renewal of a state license.

(b)   The fee for the alcoholic liquor distributor’s license for the first and each additional distributing place of business operated in the city by the same licensee and wholesaling and jobbing alcoholic liquors, except bee, shall be established by Resolution of the Governing Body of the City of Augusta, Kansas.

(c)   The fee for the beer distributor’s license, for the first and each additional wholesale distributing place of business operated in the city by the same licensee and wholesaling or jobbing beer containing more than 3.2 percent of alcohol by weight shall be established by Resolution of the Governing Body of the City of Augusta, Kansas.

(Ord. 1567; Code 1991; K.S.A. 41-310(l)(1); Code 2020)

Every licensee under this article shall cause the city alcoholic liquor retailer’s occupation tax receipt to be placed in plain view, next to or below the state license in a conspicuous place on the licensed premises.

(Ord. 1567, Sec. 3; Code 1991)

No person shall sell at retail any alcoholic liquor:

(a)   On Sunday before 9:00 a.m. or after 8:00 p.m.;

(b)   On Easter Sunday, Thanksgiving Day or Christmas Day; or

(c)   Before 9:00 a.m. or after 11:00 p.m. on any day when the sale thereof is permitted.

(K.S.A. 41-712; Ord. 1679, Sec. 1; Code 2010; K.S.A. 41-2911; Ord. 2023; Code 2020; Ord. 2183)

It shall be unlawful for a retailer of alcoholic liquor to:

(a)   Permit any person to mix drinks in or on the licensed premises;

(b)   Employ any person under the age of 21 years in connection with the operation of the retail establishment;

(c)   Employ any person in connection with the operation of the retail establishment who has been adjudged guilty of a felony;

(d)   Furnish any entertainment in his or her premises or permit any pinball machine or game of skill or chance to be located in or on the premises; or

(e)   Have in his or her possession for sale at retail any bottles, cask, or other containers containing alcoholic liquor, except in the original package.

(f)   Sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person under 21 years of age.

(Ord. 1567, Sec. 5; Code 1991)

(a)   No person shall knowingly or unknowingly sell, give away, furnish, dispose of, procure, exchange or deliver, or permit the selling, giving away, furnishing, disposing of, procuring, exchanging or delivering of any alcoholic beverage in any building, structure or premises, for consumption in such building or upon such premises if such consumption is within 250 feet from the nearest property line of any school or church, the distance to be measured from the nearest property line of such church or school to the nearest portion of the building occupied by the premises.

(b)   The distance restriction set forth in subsection (a) shall not apply to any place of business or event held within the Main Street Commercial District (C-1) as established in the city’s adopted zoning regulations and official zoning map. The distance restriction of subsection (a) of this section shall not apply to a club, drinking establishment, caterer or temporary permit holder when the license or permit applicant petitions for and receives a waiver of the distance limitation from the governing body. The governing body shall grant such a waiver only following public notice and hearing and a finding by the governing body that the proximity of the establishment is not adverse to the public welfare or safety.

(c)   No license or permit shall be issued for the sale of alcoholic liquor if the building or use does not meet the zoning requirements of the city or conflicts with other city laws, including building and health codes.

(K.S.A. 41-710; Code 1991; Ord. 2177)