A CHARTER ORDINANCE EXEMPTING THE CITY OF DE SOTO, KANSAS FROM THE PROVISIONS OF K.S.A. 41-712 PROHIBITING ALCOHOLIC LIQUOR SALES ON SUNDAY AND CERTAIN HOLIDAYS

WHEREAS, the City De Soto, Kansas is authorized to exercise the powers, functions, and duties of a city of the third class, including home-rule powers in the manner and subject to the limitations provided by Article XII, Section 5 of the Constitution of the State of Kansas; and

WHEREAS, K.S.A. 41-712 was adopted in 1949 as part of an enactment in Chapter 242 of the Session Laws, commonly known as the Kansas Liquor Control Act, which enactment does not apply uniformly to all cities; and

WHEREAS, passage of this Charter Ordinance will enable the City to allow alcoholic liquor to be sold on Sundays and certain holidays; and

WHEREAS, the Governing Body understands and appreciates that the issue of whether to allow the sale of liquor on Sundays and certain holidays is subject to considerable debate and for this reason the Governing Body desires to submit Charter Ordinance No. 18 to a vote of the citizens of the City of De Soto in the next general City election.

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF DE SOTO, KANSAS:

Section 1. The City of De Soto, Kansas, by the power invested in it by Article XI, Section 5 of the Constitution of the State of Kansas, hereby exempts itself from and makes inapplicable to it K.S.A. 41-712, a legislative enactment which is not applicable uniformly to all cities in the State of Kansas.

Section 2. The City of De Soto may, by ordinary ordinance, enact substitute and additional provisions in lieu of those from which it hereby exempts itself

Section 3. The following proposition shall be submitted for approval of the voters of the City of De Soto, Kansas:

       “Shall Charter Ordinance No. 18, entitled A Charter Ordinance Exempting the City of De Soto, Kansas from the Provisions of K.S.A. 41-712 Prohibiting Alcoholic Liquor Sales on Sunday and Certain Holidays, take effect?”

Section 4. This proposition shall be submitted to the voters of the City of De Soto, Kansas at the general election on the 5th day of April, 2005, called and held in the manner provided by law.

Section 5. This Charter Ordinance shall not take effect until and unless a majority of the electors voting thereon approves it in the manner provided by Article XI, Section 5 of the Kansas Constitution.

Section 6. This ordinance shall be published once each week for three consecutive weeks in the official city newspaper.

(11-18-2004)