Meeting Information
-Convene
-Pledge of Allegiance
-Consider approval of minutes of June 20 and 27, 2005
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
REGULAR AGENDA
(2) Solicitation of input from public on 2006 budget
(3) Consider approval of resolution allowing the sale of beer on Sunday (Weinaug)
(4) Consider approval of ELOA Proposal for <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Douglas County (Rich Minder)
(5) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
&nbs
Jones called the meeting to order at 6:35 P.M. on Wednesday July 6, 2005 with two members present. McElhaney was absent.
Johnson moved approval of the minutes of June 20 and June 27, 2005; Jones seconded and the motion carried.
CONSENT AGENDA 07-06-05
Johnson moved approval of the following Consent Agenda:
- Approve Commissioners Order No. 5325. Order is on file in the Office of the County Clerk.
Motion was seconded by Jones and carried.
BUDGET 07-06-05
The Board solicited input from the public on the 2006 budget. No comments were received.
RESOLUTIONS 07-06-05
The Board considered approval of a resolution authorizing Sunday sales of cereal malt beverages for on premises consumption. Craig Weinaug, County Administrator, explained that this resolution allows Sunday sales of cereal malt beverages (3.2 beer) at restaurants in the County. Each city can adopt a similar resolution which applies within the city limits. The County's resolution applies within the entire County -- even inside city limits. The City of Lawrence currently allows cereal malt beverage sales on Sundays. If the other cities in the County haven't adopted such a resolution, this resolution will allow Sunday sales at restaurants in those cities. After discussion, Johnson moved approval of Resolution No. 05-25 authorizing Sunday sales of cereal malt beverages for on premises consumption. Motion was seconded by Jones and carried.
The Board then discussed new legislation that was passed last spring which becomes effective on November 15, 2005. The following information was prepared by Evan Ice, County Counselor:
1. Sunday Sales of Cereal Malt Beverages at Restaurants.
A. Current Law
The general rule is that the sale of cereal malt beverages (beer or malt liquor having an alcoholic content of not more than 3.2% alcohol by weight) is not allowed on Sundays. K.S.A. 41-2704 (as in effect on July 5, 2005), however, permits the Board of County Commissioners to adopt a resolution allowing Sunday sales of cereal malt beverages at a business located in the county that derives at least 30% of its gross receipts from the sale of food (referred to as a "restaurant"). If such a resolution is adopted, Sunday sales are authorized at restaurants in the entire county, not just the unincorporated areas of the county. There is a corresponding provision in the statute that allows cities to adopt an ordinance allowing Sunday sales of cereal malt beverages at such businesses within the city limits. If the County Commissioners adopt a resolution, however, Sunday sales are also allowed within the boundaries of cities, even if the city has not been previously adopted an ordinance allowing Sunday sales. This interpretation has been confirmed with the Director of the Kansas Alcoholic Beverage Control of the Department of Revenue. The hours of permitted sales are generally between 6 a.m. and 12 midnight.
B. Law Effective November 15, 2005
Senate Bill 298, enacted in 2005, amends K.S.A. 41-2704 effective November 15, 2005. Beginning November 15th, the statute makes a distinction between counties that have adopted resolutions allowing Sunday sales of cereal malt beverages for off-premises consumption and those that have not. Counties that allow Sunday sales of cereal malt beverages for off-premises consumption automatically allow Sunday sales of cereal malt beverages at restaurants. Counties that do not allow Sunday sales of cereal malt beverages for off-premises consumption may continue to choose whether to allow Sunday sales at restaurants. A resolution adopted prior to November 15th allowing Sunday sales at restaurants will continue to apply if the county commission takes no additional action to allow Sunday sales of cereal malt beverages for off-premises consumption.
2. Sunday Sales of Cereal Malt Beverages in Original Package (for Off-Premises Consumption) -- Commencing November 15, 2005
A. Resolution Allowing Sunday Sales.
The general rule is that Sunday sales of cereal malt beverages in the original package for off-premises consumption (i.e., sales at grocery and convenience stores) are not allowed. Beginning November 15, 2005, Section 9 of Senate Bill 298 allows the Board of County Commissioners to permit Sunday sales of cereal malt beverages in the original package at any business located in the unincorporated areas of the county. A resolution permitting Sunday sales must be published one time within two weeks after its adoption and cannot become effective before the later of (i) 60 days following the date of its publication, or (ii) November 15, 2005.
B. Protest Petition and Election
.
A resolution allowing Sunday sales of cereal malt beverages in the original package is similar to a charter resolution in that it is subject to a protest petition and election. If a protest petition is (i) signed by voters residing in the unincorporated areas of the county equal in number to not less than 5% of the votes of the county by voters residing in the unincorporated areas of the county who voted for the office of President of the United States in the last election (a total of 341 signatures according to numbers obtained from the Douglas County Clerk's Office), and (ii) filed with the county clerk within 60 days following publication of the resolution, the resolution cannot become effective until the proposition is submitted to a countywide election. Note that only voters residing in the unincorporated areas of the county can sign the petition, but it appears that the election is open to all voters of the county.
C. Referendum to Allow Sunday Sales.
If the Board of County Commissioners d s not adopt a resolution allowing Sunday sales of cereal malt beverages in the original package, Section 9 of Senate Bill 298 provides for a petition to force an election to permit Sunday sales. Such a petition must be signed by the same number of voters residing in the unincorporated areas for a protest petition described in Paragraph B. Thus, voters residing in the unincorporated areas representing 5% of the votes for President in the last general election may force an election to repeal a resolution allowing Sunday sales or may force an election to allow Sunday sales. In either case, the election must be held within 45 days after submission of the petition unless a countywide primary or general election is to be held within 90 days after submission of the petition, in which case the proposition must be submitted at the countywide election.
D. Exempted Sundays and Times.
Even if Sunday sales are allowed, sales are still prohibited on Easter Sunday. In addition, the Board of County Commissioners cannot pick and choose the Sundays that the sales are allowed. It is an all or nothing proposition -- either every Sunday (other than Easter Sunday) or no Sunday sales. Similarly, state statute governs the times of Sunday (between 12 noon and 8 p.m.) And the Board of County Commissioners cannot vary those times under the Cereal Malt Beverage Act.
E. Coordination with Sunday Sales of Alcoholic Liquor in the Original Package (for Off-Premises Consumption).
If Sunday sales of cereal malt beverages in the original package are allowed in the unincorporated areas of the county, then Sunday sales of alcoholic liquor in the original package (retail liquor stores) must also be allowed in any township in which sales of alcoholic liquor are otherwise allowed (i.e., townships having a population of over 5,000). The Board of County Commission ers in the event of it adopts a resolution, or voters in the event of a referendum, cannot allow Sunday sales of cereal malt beverages and disallow Sunday sales of alcoholic liquor or visa versa. Once again, it is an all or nothing proposition.
3. Sunday Sales of Alcoholic Liquor in Original Package (for Off- Premises Consumption) -- Commencing November 15, 2005.
A. Resolution Allowing Sunday Sales.
Subject to applicable county zoning requirements, the sale of alcoholic liquor in the original package (i.e., sale at retail liquor stores) is allowed in any township having a population of at least 5,000 people. Sunday sales of alcoholic liquor in the original package are generally prohibited. Commencing November 15, 2005, however, the Board of County Commissioners may allow Sunday sales. The process for doing so is identical to the process for allowing Sunday sales of cereal malt beverages in the original package. Similarly, the process for filing a petition to force a referendum on a proposition to allow Sunday sales of alcoholic liquor is identical. Because the Board of County Commissioners may not allow Sunday sales of cereal malt beverages and disallow Sunday sales of alcoholic liquor or visa versa, it should only adopt one resolution to cover both issues.
B. Holidays.
A County Commission allowing Sunday sales of alcoholic liquor in the unincorporated areas must also allow sales on Memorial Day, Independence Day, and Labor Day. The Board of County Commissioners in the event of it adopts a resolution, or voters in the event of a referendum, cannot allow Sunday sales of alcoholic liquor and disallow sales on any of these three holidays or visa versa. Similarly, sales on Easter Sunday, Thanksgiving Day or Christmas Day cannot be permitted. Once again, it is an all or nothing proposition.
C. Exempted Sundays and Times Subject to State Statute.
Even if Sunday sales are allowed, sales are still prohibited on Easter Sunday. In addition, the Board of County Commissioners cannot pick and choose the Sundays or other holidays that the sales are allowed or disallowed. It is an all or nothing proposition -- either every Sunday (other than Easter Sunday or Christmas Day if on a Sunday), Memorial Day, Independence Day, and Labor Day, or none of those days. Similarly, the time of Sunday sales is by state statute (between 12 noon and 8 p.m.) And the Board of County Commissioners cannot vary those times under the Kansas Liquor Control Act.
It was the consensus of the Board to adopt a resolution that would allow for the sale of packaged liquor/beer for sale and directed staff to send a letter to the cities in Douglas County with a copy of the above information, advising them that the Board intends to schedule this item for consideration in mid-August and invite them to attend if they would like to have any input.
MISCELLANEOUS 07-06-05
The Board considered approval of a proposal from the Early Learning Opportunities Act (ELOA) requesting authorization to develop and submit an application to the Administration on Children, Youth and Families, Child Care Bureau. The Board approved this proposal in July 2004, but the grant was not approved. Johnson made a motion to authorize the chair to execute a letter designating the Success BY 6 Coalition of Douglas County as the eligible Local Council for the County of Douglas, Kansas, for the purpose of the Early Learning Opportunities Act (ELOA) discretionary grant program. Motion was seconded by Jones and carried.
Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.
_____________________________ _____________________________
Charles Jones, Chairman Bob Johnson, Member
ATTEST:
_____________________________
Jamie Shew, County Clerk
Time and Date