A CHARTER ORDINANCE OF THE GOVERNING BODY OF THE CITY OF COLWICH, KANSAS, EXEMPTING THE CITY FROM K.S.A. 41-712 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT

WHEREAS, The Kansas Legislature has modified the State Liquor Control Act to allow local governments to authorize Sunday sales of packaged alcoholic liquor and packaged cereal malt beverage;

WHEREAS, Members of this community are currently legally allowed to purchase liquor by the drink on Sundays; and

WHEREAS, The governing Body of Colwich does not wish to prohibit the citizens of this community from making individual choices regarding the day of the week on which they purchase either packaged alcoholic liquor or packaged cereal malt beverage;

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF COLWICH, KANSAS, PURSUANT TO THE POWER VESTED IN IT BY ARTICLE 12, SECTION 5, OF THE CONSTITUTION OF THE STATE OF KANSAS, THAT THIS CITY DOES HEREBY ELECT TO EXEMPT ITSELF FROM AND MAKE INAPPLICABLE TO THIS CITY AN ACT OF THE KANSAS LEGISLATURE, K.S.A. 41-712, PART OF AN ENACTMENT KNOWN AS THE LIQUOR CONTROL ACT, THAT IS NON-UNIFORM IN APPLICATION:

Section 1. Alcoholic beverage. The following is hereby substituted for the provisions of K.S.A. 41-712, as amended (2005 Kan. Sess. Laws, Ch. 201):

       No person shall sell at retail any alcoholic liquor: (1) on Easter Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day; or (2) before 9:00 a.m. or after 11:00 p.m. Monday through Saturday; or (3) before 12:00 noon or after 8:00 p.m. on Sunday.

Section 2. Cereal Malt beverage. The following is hereby substituted for the provisions of K.S.A. 41-2704, as amended (2005 Kan. Sess. Laws, Ch. 201):

       No person shall sell at retail any cereal malt beverage: (1) on Easter Day, Thanksgiving Day or Christmas Day; or (2) before 9:00 a.m. or after 11:00 p.m. Monday through Saturday; or (3) before 12:00 noon or after 8:00 p.m. on Sunday.

(9-12-2005)