It shall be unlawful for any person granted a private club license by the state to sell or serve any alcoholic liquor authorized by such license within the city without first obtaining a local license from the city clerk.

(K.S.A. 41- 2631; Code 1988, § 3-401; Code 2016, Sec. 6-171)

(a)   There is hereby levied a biennial license fee on each private club and drinking establishment located in the city which has a corresponding license issued by the state director of alcoholic beverage control, which fee shall be paid before business is begun under an original state license and within five days after any renewal of a state license. The city license fee for a class A club shall be an amount established in the city’s fee resolution, the city license fee for a class B club shall be an amount established in the city’s fee resolution, and the city license fee for any other operation selling alcoholic liquor under the laws of the State of Kansas shall be an amount established in the city’s fee resolution.

(b)   All applications for new or renewal city licenses shall be submitted to the city clerk. Upon presentation of a state license, payment of the city license fee and the license application, the city clerk shall issue a city license for the period covered by the state license, if there are no conflicts with any zoning or alcoholic beverage ordinances of the city.

(c)   The license period shall extend for a period covered by the state license. The licensee shall be entitled to a refund of the unused portion of the license, if a refund has been granted by the state and if the licensee requests a refund from the city within six months of the date of issuance of the license.

(d)   Every licensee shall cause the city club license to be placed in plain view next to or below the state license in a conspicuous place on the licensed premises.

(K.S.A. 41-2622(b); K.S.A. 41-2612; Code 1988, § 3-402; Ord. 3128; Ord. 3262; Code 2016, Sec. 6-172; Code 2018)

(a)   No club licensed under this article shall allow the serving, mixing or consumption of alcoholic liquor on its premises between the hours of 2:00 a.m. and 9:00 a.m. on any day.

(b)   Cereal malt beverages may be sold on premises licensed for the retail sale of cereal malt beverages for on-premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises.

(c)   No club membership shall be sold to any person under 21 years of age, nor shall alcoholic beverages or cereal malt beverages be given, sold or traded to any person under 21 years of age.

(d)   The premises and all equipment used in connection with such business shall be kept clean and in a sanitary condition and shall at all times be open to the inspection of the police, fire and health officers of the city, county and state.

(K.S.A. 41-2614:2615; Code 1988, § 3-403; Code 2016, Sec. 6-173)

The following conduct by private club licensee, manager or employees of any licensed private club establishment is deemed contrary to public welfare and is prohibited:

(a)   Remaining or permitting any person to remain in or upon premises who exposes to view any portion of the female breasts below the top of the areola or any portion of a male’s or female’s pubic hair, anus, buttocks or genitals.

(b)   Permitting any employee on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any other employee or any patron.

(c)   Encouraging or permitting any patron on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any employee.

(d)   Performing or permitting any person to perform on the licensed premises acts of or acts which simulate:

(1)   Sexual intercourse, masturbation, sodomy or any other sexual act which is prohibited by law; or

(2)   Touching, caressing or fondling such persons’ breasts, buttocks, anus or genitals.

(e)   Using or permitting any person to use on the licensed premises, any artificial devices or inanimate objects to depict any of the acts prohibited by subsection (d).

(f)    Showing or permitting any person to show on the licensed premises any motion picture, film, photograph, electronic reproduction, video or other visual reproduction depicting:

(1)   Acts or simulated acts of sexual intercourse, masturbation, sodomy or any sexual act which is prohibited by law;

(2)   The touching, caressing or fondling of the buttocks, anus, genitals or the female breasts; or

(3)   Scenes in which a person displays the buttocks, anus, genitals or the female breasts.

(g)   As used in this section, the term “premises” means the premises licensed by the city as a private club establishment and such other areas, under the control of the licensee or the licensee’s employees, that are in such close proximity to the licensed premises that activities and conduct of persons within such other areas may be viewed by persons on or within the licensed premises.

(Ord. 3110, § 1(3-404), 11-12-91; Code 2016, Sec. 6-174)