§ 4-139. Investigation of applicant; general grounds for denial of application.

(a)

No license of any type to sell alcoholic beverages, beer or cereal malt beverage shall be granted until the application therefor has been on file in the office of the unified government clerk at least five days. It shall be the duty of the license inspector to notify the chief of police of all applications for such licenses, and it shall be the duty of the chief of police, before the granting of such license, to make a full, complete and thorough investigation of the applicant relative to the requirements for such license, and if such investigation reveals that such applicant is not entitled to such license, to file with the unified government clerk written objections to the granting of such license, stating in detail the reasons why such license should not be granted to such applicant. Such report shall be made within 15 days after receipt of the notice from the license department.

(b)

No license shall be issued to:

(1)

An applicant for a license to operate a private club, drinking establishment or caterer who has not been a citizen of the United States for at least ten years, a resident of the state for a period of at least one year immediately preceding the date of application and a current resident of the county in which the business is located.

(2)

An applicant for a cereal malt beverage retailer's license who has not been a resident of the county in which the business is located for six months, a good faith resident of the state for at least one year immediately preceding the application and who is not a citizen of the United States.

(3)

A person who is not of good character and reputation in the county in which the person resides or who has not reached the age of 21 years prior to making application.

(4)

A person who has been convicted of a felony under the laws of this state, any other state or of the United States or any crime involving moral turpitude, a sex offense, crime against public morals, crime affecting public trust, racketeering or any of the offenses against the decency of the community.

a.

Except, a person who is a retailer as defined by K.S.A. 47-2701(e) may be issued a cereal malt beverage retailer's license who has been convicted of, released from incarceration for or released from probation or parole for a felony or any crime involving moral turpitude two years following such conviction, release from incarceration or release from probation or parole.

b.

For purposes of this subsection, the terms "offenses against the decency of the community" and "offense of moral turpitude" shall mean and include those felonies, misdemeanors or municipal ordinances alleging or involving prostitution, pimping, lewd and lascivious behavior, indecent exposure, illegal use, possession or sale of narcotics, marijuana, or any and all controlled substances as that term is defined in K.S.A. 65-4101 et seq., sodomy, incest, pandering, gambling, and crimes against nature, or a person who has forfeited bond to appear in court to answer charges for any of these crimes.

(5)

A person who has been adjudged guilty, entered a plea, or forfeited bond on a charge of driving a motor vehicle while under the influence of intoxicating liquors within two years immediately preceding the date of application.

(6)

Except as provided in subsection (b)(19) of this section, a person who has a beneficial interest in the manufacture, preparation or wholesaling or the retail sale of alcoholic liquors or a beneficial interest in any other public venue, club, drinking establishment, or caterer licensed hereunder, except that:

a.

A license for premises located in a hotel may be granted to a person who has a beneficial interest in one or more other public venues, clubs, or drinking establishments licensed hereunder if such other public venues, clubs, or establishments are located in hotels.

b.

A caterer's license may be issued to a person who has a beneficial interest in a public venue, club, or drinking establishment, and a license for a public venue, club, or drinking establishment may be issued to a person who has a beneficial interest in a caterer.

c.

A license for a class A club may be granted to an organization of which an officer, director or board member is a distributor or retailer licensed under the state Liquor Control Act (K.S.A. 41-101 et seq.), if such distributor or retailer sells no alcoholic liquor to such club.

d.

A license for a class B club or drinking establishment may be granted to a person who has a beneficial interest in a manufacturer, microbrewery, microdistillery or farm winery licensed pursuant to the state Liquor Control Act (K.S.A. 41-101 et seq.).

(7)

A person who has been convicted of any misdemeanor violation of the laws of any state, of the United States, or of any political subdivision pertaining to intoxicating or alcoholic liquor or cereal malt beverage within two years of the application hereunder, or a person who has been convicted of two violations of the ordinances of any city anywhere regulating any city alcoholic or intoxicating liquor or cereal malt beverage law within a 24-month period of time.

(8)

A person whose license to sell alcoholic beverages, beer or cereal malt beverages has been revoked under any of the laws of this state or its political subdivisions or the laws of any other state or its political subdivisions.

(9)

A person who refuses to be photographed and fingerprinted for application and identification purposes.

(10)

A person who has any outstanding warrants of arrest against them from any federal, state or municipal law enforcement agency.

(11)

A person who has not complied fully with section 4-137.

(12)

A partnership, unless all copartners are qualified to obtain a license.

(13)

A corporation, if any officer, manager or director thereof or any stockholder owning in the aggregate more than five percent of the common or preferred stock of such corporation would be ineligible to receive a license hereunder for any reason other than citizenship and residence requirements.

(14)

A corporation, if any officer, manager or director thereof or any stockholder owning in the aggregate more than five percent of the common or preferred stock of such corporation has been an officer, manager or director thereof or a stockholder owning in the aggregate more than five percent of the common or preferred stock of a corporation which:

a.

Has had a license revoked under the provisions of the Club and Drinking Establishment Act; or

b.

Has been convicted of a violation of the state Liquor Control Act (K.S.A. 41-101 et seq.), the Club and Drinking Establishment Act (K.S.A. 41-2601 et seq.), or the cereal malt beverage laws of this state.

(15)

A corporation organized under the laws of any state other than this state except when the application is for a retailer's license only.

(16)

A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses all the qualifications.

(17)

A person who provides false information in answer to any question on an application for a license hereunder.

(18)

A person who, other than as a member of the unified government board of commissioners, appoints or supervises any law enforcement officer, who is a law enforcement official, or who is an employee of the director, except that this provision shall not apply to nor prohibit the issuance of a license for a class A club to an officer of a post home of a congressionally chartered service or fraternal organization, or a benevolent association or society thereof.

(19)

The holder of a valid existing license issued under K.S.A. 41-2701 et seq. unless the person agrees to and does surrender the license to the officer issuing the same upon the issuance to the person of a license under this article, except that:

a.

A retailer licensed pursuant to K.S.A. 41-2702 shall be eligible to receive a retailer's license under the state Liquor Control Act (K.S.A. 41-101 et seq.); and

b.

A holder of a cereal malt beverages wholesaler's license shall be eligible to receive a beer distributor's license under this article.

(20)

A person who does not own the premises for which a license is sought or does not have a written lease thereon for at least three-fourths of the period for which the license is to be issued.

(21)

A person whose spouse would be ineligible to receive a license under this subsection for any reason other than citizenship, residence requirements or age, except that this subsection shall not apply in determining eligibility for a renewal license.

(22)

A person who intends to carry on a business authorized by the license as an agent of another.

(c)

Any person who is denied a license or permit under this section for the reasons specified in subsections (b)(3), (b)(9) and (b)(17) of this section shall be ineligible to reapply for the license for a period of two years from the date of application.

(Code 1988, § 4-104; Ord. No. 65173, § 3-25(3), 7-9-1987; Ord. No. 65323, § 1, 6-2-1988; Ord. No. 66219, § 1, 4-17-1997; Ord. No. O-56-12, § 1, 10-4-2012)