A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER, KANSAS, FROM K.S.A. 41-302 RELATING TO CITY OPTION IN LICENSING THE RETAIL SALE OF ALCOHOLIC LIQUORS, PETITION, ELECTIONS, AND LICENSEES’ RIGHTS AFTER ADVERSE VOTE AND PROVIDING SUBSTITUTE AND ADDITONAL PROVISIONS ON THE SAME SUBJECT.
Section 1. The City of Clearwater, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas hereby elects to and does exempt itself and make inapplicable to it the provisions of K.S.A. 41-302 which applies to this city, but is part of an enactment which does not apply uniformly to all cities, and elects to and hereby does provide substitute and additional provisions as hereinafter set forth in this ordinance.
(a) The question of licensing the retail sale of alcoholic liquors by the package may be submitted by the governing body at any regular general election occurring in the City of Clearwater.
Voters desiring to vote in favor of the sale of alcoholic liquors by the package shall place a cross or check mark in the square opposite the word “Yes” and those desiring to vote against the sale of alcoholic liquor by the package shall place a cross or check mark in the square opposite the word “No.”
(c) Notice of such election shall be given in the manner provided by the general bond law. The provisions of the laws of the State of Kansas relating to election officers, voting places, election places and blanks, preparation and form. of ballots, information to voters, delivery of ballots, calling of elections, conduct of elections, manner of voting, counting of votes, records and certificates of election, and recounts of votes so far as applicable, shall apply to voting on the proposition under the provisions of this charter ordinance.
(d) The majority of those voting on the proposition shall be mandatory upon the director insofar as licensing the sale of such liquors therein by the package is concerned. If the majority of the qualified electors of Clearwater shall have voted in favor of the licensing of the sale of alcoholic liquor by the package, the director shall continue to issue licenses to sell the same by the package therein for periods of one year, subject to all the terms and conditions of the Liquor Control Act.
(e) Clearwater is located in a township where a majority of the qualified electors voted against the adoption of the liquor amendment at the general election held in November, 1948, and therefore no license for the retail sale of alcoholic liquors by the package shall be issued without prior compliance with the election provisions herein.
(03-08-2005)