ORDINANCE NO. 1418

AN ORDINANCE AMENDING THE CODE OF THE CITY OF OSWEGO KANSAS AND AUTHORIZING SUNDAY SALES OF ALCOHOLIC LIQUOR AND CEREAL MALT BEVERAGE IN THE ORIGINAL PACKAGE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OSWEGO, KANSAS:

Section 1. Pursuant to K.S.A. 41-2704, the sale at retail of cereal malt beverage and beer containing not more than 6% alcohol by volume in the original package is allowed within the city on any Sunday, except Easter, between the hours of 12:00 noon and 8:00 p.m.

Section 2. Section 3-214(c) of the Code of the City of Oswego, Kansas is hereby amended to read as follows upon the effective date of this ordinance:

(c) Except as provided by subsection (d), no enhanced cereal malt beverages may be sold or dispensed between the hours of 12:00 midnight and 6:00 a.m., or consumed between the hours of 12:30 a.m., and 6:00 a.m., or on Sunday before 12:00 noon or after 8:00 pm., or on Easter, 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 percent of its gross receipts from the sale of food for consumption on the licensed premises; closing hours for clubs shall conform to K.S.A. 41-2614 and any amendments thereto.

Section 3. Pursuant to K.S.A. 41-712, the sale at retail of alcoholic liquor in the

original package is allowed within the city on any Sunday, except Easter, between the hours of

12:00 noon and 8:00 p.m., and on Memorial Day, Independence Day and Labor Day.

            Section 4. Section 3-304 of the Code of the City of Oswego, Kansas is hereby amended to read as follows upon the effective date of this ordinance:

              Hours of sale.

No person shall sell at retail any alcoholic liquor:

(a)   On Sundays before 12:00 noon or after 8:00 p.m.;

(b)   On Easter, Thanksgiving Day and Christmas Day;

(c)   Before 9:00 a.m. or after 11:00 p.m. on any day when the sale thereof is permitted.

Section 5. This ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

Section 6. 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.

Passed by the Governing body and approved by the Mayor this 8^th day of April, 2019.

 F.W. Cunningham, Jr.,

 Mayor

ATTEST:

Carol J. Eddington

City Clerk