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8/23/2013 - UPDATE NEW EFFECTIVE DATE-10/22/2013 Sunday Liquor Sales

 

**NEW EFFECTIVE DATE**

October 22, 2013

 

ORDINANCE NUMBER 13-10699

AN ORDINANCE AUTHORIZING SUNDAY SALES OF ALCOHOLIC LIQUOR AND CEREAL MALT BEVERAGE IN THE ORIGINAL PACKAGE AND SALES OF ALCOHOLIC LIQUOR ON CERTAIN HOLIDAYS IN THE ORIGINAL PACKAGE.

WHEREAS, K.S.A. 41-712 and the Salina Code, under Chapter 5, Article II, generally prohibit the sale of alcoholic liquor on any Sunday and on Memorial Day, Independence Day,  and Labor Day;

WHEREAS, K.S.A. 41-2704 and the Salina Code, under Chapter 5, Article III, prohibit the sale of cereal malt beverage on any Sunday;

WHEREAS, K.S.A. 41-2911 permits cities to expand the legal days of retail sales of alcoholic liquor and cereal malt beverages to include Sundays from 12 noon to 8 p.m., except on Easter, in combination with expanding the legal days of retail sales of alcoholic liquor to include Memorial Day, Independence Day and Labor Day.  SO NOW THEREFORE,

BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:

Section 1.  That Chapter 5, Article II, Section 5-18 of the Salina Code, is hereby amended to read as follows:

Sec. 5-18.  Days, hours when retail sale prohibited.     
No person shall sell at retail alcoholic liquor in the original package:

(1)  On Sundays before 12 noon or after 8 p.m.;
(2)  On Easter Sunday, Thanksgiving Day or Christmas Day; or
(3)  Before 9 a.m. or after 10 p.m. on any other day when the sale is permitted.

Section 2.  That Chapter 5, Article III, Section 5-67 of the Salina Code, is hereby amended to read as follows:            

Sec. 5-67.  Hours, days, sales and consumption prohibited.
(a) No person shall sell 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 Sundays;
(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, which derives not less than 30% of its gross receipts from the sale of food for consumption on the licensed premises.

(b)  Subsection (a) notwithstanding, cereal malt beverages may be sold on premises which are licensed pursuant to both the cereal malt beverage act and the club and drinking establishment act at any time when alcoholic liquor is allowed by law to be served on the premises.

Section 3.  Repealer.  That Chapter 5, Article III, Section 5-71 is hereby repealed.

Section 4.  Summary of Ordinance for Publication.  This ordinance shall be published by the following summary:

Ordinance No. 13-10699 Summary

On June 10, 2013, the City of Salina, Kansas, passed Ordinance No. 13-10699.  The ordinance amends Chapter 5, Articles II and III, of the Salina Code by amending Sections 5-18 and 5-67, and repealing Section 5-71 regarding sales of alcoholic liquor and cereal malt beverages on Sundays, and sales of alcoholic liquor on certain holidays.  The ordinance is subject to petition pursuant to state law.  A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge.  This summary is certified by the city attorney.

Section 5.  Effective Date.  This ordinance shall take effect 61 days after final publication, unless a sufficient petition for a referendum is filed, requiring a referendum to be held on the ordinance as provided in K.S.A. 41-2911, in which case this ordinance shall become effective upon approval by a majority of the electors voting thereon.

Introduced:  June 3, 2013
Adopted:  June 10, 2013

                                                                                           Barbara V. Shirley, Mayor

[SEAL]
ATTEST:

Lieu Ann Elsey, CMC, City Clerk