A CHARTER ORDINANCE EXEMPTING THE CITY OF BONNER SPRINGS, KANSAS, FROM THE PROVISIONS OF K.S.A. 41‑712; PROHIBITING ALCOHOLIC LIQUOR SALE ON SUNDAY; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS AUTHORIZING THE CITY OF BONNER SPRINGS, KANSAS, TO ALLOW ALCOHOLIC LIQUOR SALES ON SUNDAY

WHEREAS, the City of Bonner Springs, Kansas, is authorized to exercise the powers, functions, and duties of a City of the first class, including home‑rule powers in the manner and subject to the limitations provided by Article 12, 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 that contained statutes that were non‑uniform.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BONNER SPRINGS, KANSAS:

SECTION 1: the City of Bonner Springs, 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 from and make inapplicable to it the provisions of K.S.A. 41‑712 which applies to this City but is part of an enactment commonly known as the Kansas Liquor Control Act, as enacted in Chapter 242 of the Session Laws of 1949, which enactment applies to this City but does not apply uniformly to all cities.

SECTION 2: the City of Bonner Springs, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby enacts the following substitute and additional provisions in lieu of those provisions from which it is exempted pursuant to Section I, above:

       Sale at retail; forbidden on certain days; hours of sale, exception. No person shall sell at retail any alcoholic liquor: (1) on Thanksgiving Day or Christmas Day; or (2) before 9:00 a.m. or after 11:00 p.m. Monday through Saturday or (3) before 11:00 a.m. or after 11:00 p.m. on Sunday.

SECTION 3: This Charter Ordinance shall be published once each week for two (2) consecutive weeks in the official City newspaper.

SECTION 4: This Charter 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 Article 12, Section 5 of the Constitution of the State of Kansas, in which case this Charter Ordinance shall become effective upon approval by a majority of the electors voting thereon.

SECTION 5: Upon its effective date, this Charter Ordinance shall be recorded by the City Clerk in a book maintained for charter ordinances of the City and shall be filed with the Secretary of the State of Kansas.