§ 4-233. Hours of sale or operation.

(a)

Except as provided by subsection (b) of this section, a person licensed to sell at retail cereal malt beverage may do so on any day of the week, including Sunday, and on holidays.

(b)

No person shall sell at retail cereal malt beverages:

(1)

Between the hours of 12:00 a.m. and 6 a.m.;

(2)

In the original package before 12:00 p.m. or after 8:00 p.m. on Sunday;

(3)

On Easter Sunday; or

(4)

For consumption on the licensed premises on Sunday, except in a place of business which is licensed to sell cereal malt beverage for consumption on the premises and which derives not less than 30 percent of its gross receipts from the sale of food for consumption on the licensed premises.

(c)

Cereal malt beverages may be sold on premises that are licensed pursuant to both the Cereal Malt Beverage Act (K.S.A. 41-2701 et seq.) and the Club and Drinking Establishment Act (K.S.A. 41-2601 et seq.) at any time when alcoholic liquor is allowed by law to be served on the premises.

(d)

With the exception of persons holding a license issued pursuant to the Club and Drinking Establishment Act (K.S.A. 41-2601 et seq.) or persons operating a business described in subsection (b)(4) of this section or any other business for which this Code permits a later closing time, all persons possessing a retailer's license to sell cereal malt beverages for consumption on the licensed premises shall close their business establishments between the hours of 1:30 a.m. and 6:00 a.m. daily, and at 12:00 a.m. on Saturdays, and shall not reopen the same before 6:00 a.m. the following Monday. No person shall be allowed to remain inside the premises between the hours of 1:30 a.m. and 6:00 a.m. daily and 12:00 a.m. Saturday until 6:00 a.m. the following Monday, except an employee of the license holder actively engaged in the cleaning or maintenance of the premises.

(Code 1988, § 4-152; Ord. No. 65173, § 3-61(a), (f), (g), 7-9-1987; Ord. No. 65970, § 1, 12-8-1994; Ord. No. O-74-05, § 2, 8-18-2005)

State law reference

Similar provisions, K.S.A. 41-2704(c), (h).