Cereal Malt Beverage

You must apply for a Cereal Malt Beverage Licenses through the City Clerk. 

Forms can be found at  https://ag.ks.gov/licensing/other-forms

For all rules regarding the Cereal Malt Beverage, please see the Retail Liquor Store Handbook.

Hours and Days of Sales

Sales are permitted as indicated below. Where Sunday sales have been approved, off-premises CMB retailers are not required to be closed on any holiday except Easter Sunday.

(1)

Before 6:00 a.m. or after 12:00 a.m. on any day when the sale thereof is permitted, except as provided in subsection (2).

(2)

Sale at retail of alcoholic liquor in the original package is allowed within the city on any Sunday, except Easter, between the hours of 9:00 a.m. and 8:00 p.m.

(Ord. No. 1078, § 1, 12-14-2021)

Qualifications for Licensure

Subsection (b) of K.S.A. 41-2703 lists the qualifications for an initial license. The same requirements must be met for renewal of an existing license and for any special event CMB retailer’s permit except as specifically indicated.

Corporations

Each manager, officer and director of the corporation must meet all of the licensing qualifications for individual ownership below except for citizenship and residency requirements. Each stockholder owning more than 25 percent of the corporation's stock must meet all of the licensing qualifications for individual ownership listed below except for citizenship and residency requirements. [Subsection (b)(7) of K.SA. 41-2703] The governing body may deny a license to a corporation if any manager, officer or director of the corporation, or any stockholder owning more than 25 percent of the corporation's stock, has been convicted of a violation of the Club and Drinking Establishment Act or the CMB Act in Kansas or has been a manager, officer or director of a corporation, or a stockholder owning more than 25 percent of a corporation's stock, which has had its CMB retailer's license revoked. [Subsection (c) of K.SA. 41-2703]

Partnerships

Each partner in a partnership must meet the licensing qualifications for individual ownership listed below. [Subsection (b)(6) of K.S.A. 41-2703] The governing body may deny a license to a partnership if any partner has been convicted of a violation of the Club and Drinking Establishment Act or the CMB Act in Kansas or has been a manager, officer or director of a corporation, or a stockholder owning more than 25 percent of a corporation's stock, which has had its CMB retailer's license revoked. [Subsection (c) of K.SA. 41-2703]

Limited Liability Company (LLC)

LLCs must meet the same qualifications for licensure as a corporation as set forth in K.S.A. 41-2703 (see above), except that each person having an aggregate of 25 percent or more ownership interest in the LLC must meet the licensing qualifications for persons as listed below [Subsection (a) of K.S.A. 41-2703a] The LLC must submit a copy of its Articles of Organization and its Operating Agreement to the governing body. [Subsection (b) of K.S.A. 41-2703a] The governing body may deny a license to an LLC if any manager, officer or director of the LLC, or any member owning more than 25 percent of the LLC, has been convicted of a violation of the Club and Drinking Establishment Act or the CMB Act in Kansas or has been a manager, officer or director of a corporation, or a stockholder owning more than 25 percent of a corporation's stock, which has had its CMB retailer's license revoked. [Subsection (c) of K.SA. 41-2703]

Persons

Age requirement.

The person must be at least 21 years of age. [Subsection (c)(5) of K.S.A. 41-2702]

Character and reputation.

The person must be of good character and reputation in the community in which he or she resides. [Subsection (b)(1) of K.S.A. 41-2703]

U.S. Citizenship.

The person must be a citizen of the United States. [Subsection (b)(2) of K.S.A. 41-2703]

Criminal convictions.

The person must not have been convicted of or released from incarceration, probation or parole for, a felony or any other crime involving moral turpitude, drunkenness, DUI, or a violation of the liquor laws of Kansas, any other state, or the United States, within two years immediately preceding the date of application. [Subsection (b)(3) of K.S.A. 41-2703]

Manager or agent.

If the person's place of business is conducted (managed) by a manager or agent, then the manager or agent must meet all of the qualifications for a license. [Subsection (b)(6) of K.S.A. 41-2703]

Spouse.

The person's spouse must meet all of the qualifications for ownership except for citizenship or age. However, this requirement applies only to an initial license and not to a renewal of an existing license. [Subsection (b)(7) of K.S.A. 41-2703]

If the person's spouse was ever licensed under the CMB Act, that spouse must not have had a conviction of a felony or any other crime involving moral turpitude, drunkenness, DUI, or violation of the liquor laws of Kansas, any other state, or the United States, during the time that the spouse held such license. [Subsection (b)(8) of K.S.A. 41-2703]