The City of Jetmore 2018 Consumer Confidence Report for Water Quality is available to be viewed at the Kansas Rural Water Association (KRWA) website or by clicking here. Hard copies of the report are available at the City Office for anyone who wishes to have one. If you have any questions, please feel free to contact the city office.
ENHANCED CEREAL MALT BEVERAGES and/or BEER CONTAINING NOT MORE THAN 6% ALCOHOL BY VOLUME
ORDINANCE NO. 661
AN ORDINANCE REGULATING THE SALE OF CEREAL MALT BEVERAGE AND BEER CONTAINING NOT MORE THAN 6% ALCOHOL BY VOLUME WITHIN THE CITY OF JETMORE, KANSAS AND REPEALING AND REPLACING CHAPTER 3, ARTICLE 2 OF THE CODE OF THE CITY OF JETMORE TO INCLUDE ORDINANCE NO. 578, SECTION 2; ORDINANCE NOS. 590, 592, 604, & 614.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF JETMORE:
Section 1. DEFINITION. Enhanced Cereal Malt Beverage means cereal malt beverage as that term is defined in K.S.A. 41-2701, and amendments thereto, and such term shall include beer containing not more than 6% alcohol by volume when such beer is sold by a retailer licensed under the Kansas cereal malt beverage act.
Section 2. LICENSE ISSUED BY CITY. The “Cereal Malt Beverage License” issued by the city of Jetmore pursuant to this ordinance, authorizes the sale of enhanced cereal malt beverage as defined in section 1, by those retailers in compliance with this ordinance and other laws and regulations that may apply.
Section 3. LICENSE REQUIRED OF RETAILER.
(a) It shall be unlawful for any person to sell any enhanced cereal malt beverage at retail without a license for each place of business where enhanced cereal malt beverages are to be sold at retail.
(b) It shall be unlawful for any person, having a license to sell enhanced cereal malt beverages at retail only in the original and unopened containers and not for consumption on the premises, to sell any enhanced cereal malt beverage in any other manner.
Section 4. APPLICATION. Any person desiring a license shall make an application to the governing body of the city and accompany the application by the required license fee for each place of business for which the person desires the license. The application shall be verified, and upon a form prepared by the attorney general of the State of Kansas, and shall contain:
(a) The name and residence of the applicant and how long he or she has resided within the State of Kansas;
(b) The particular place for which a license is desired;
(c) The name of the owner of the premises upon which the place of business is located;
(d) The names and addresses of all persons who hold any financial interest in the particular place of business for which a license is desired.
(e) A statement that the applicant is a citizen of the United States and not less than 21 years of age and that he or she has not within two years immediately preceding the date of making application been convicted of a felony or any crime involving moral turpitude, or been adjudged guilty of drunkenness, or driving a motor vehicle while under the influence of intoxicating liquor or the violation of any other intoxicating liquor law of any state or of the United States;
(f) Each application for a general retailer’s license shall be accompanied by a certificate from the city public officer certifying that he or she has inspected the premises to be licensed.
The application shall be accompanied by a statement, signed by the applicant, authorizing any governmental agency to provide the city with any information pertinent to the application. The application shall be scheduled for consideration by the governing body at the earliest meeting consistent with current notification requirements.
Section 5. LICENSE APPLICATION PROCEDURES.
(a) All applications for a new and renewed enhanced cereal malt beverage license shall be submitted to the city clerk 10 days in advance of the governing body meeting at which they will be considered.
(b) The city clerk’s office shall notify the applicant of an existing license 30 days in advance of its expiration.
(c) The City Clerk’s office shall conduct an investigation to determine whether the applicant is qualified as a licensee under the provisions of this chapter.
(d) The City of Jetmore may charge up to $35.00 per background check requested by the City Clerk’s office in order to comply with the requirements of K.S.A. 41-2703(b) in verifying the background information provided for any applicant to the City for a new or renewed cereal malt beverage license. This fee shall be paid in advance of the provision of the background check.
(e) An applicant who has not had an enhanced cereal malt beverage license in the city shall attend the governing body meeting when the application for a new license will be considered.
Section 6. LICENSE GRANTED; DENIED.
(a) The journal of the governing body shall show the action taken on the application.
(b) If the license is granted, the city clerk shall issue the license which shall show the name of the licensee and the year for which issued.
(c) No license shall be transferred to another licensee.
(d) If the license shall be denied, the license fee shall be immediately returned to the person who has made application.
Section 7. LICENSE TO BE POSTED. Each license shall be posted in a conspicuous place in the place of business for which the license is issued.
Section 8. LICENSE, DISQUALIFICATION. No license shall be issued to:
(a) A person who has not been a resident in good faith of the state of Kansas for at least one year immediately preceding application and a resident of Hodgeman county for at least six months prior to filing of such application.
(b) A person who is not a citizen of the United States.
(c) A person who is not of good character and reputation in the community in which he or she resides.
(d) A person who, within two years immediately preceding the date of making application, has been convicted of a felony or any crime involving moral turpitude, or has been adjudged guilty of drunkenness or driving a motor vehicle while under the influence of intoxicating liquor or the violation of any other intoxicating liquor law of any state or of the United States.
(e) A partnership, unless all the members of the partnership shall otherwise be qualified to obtain a license.
(f) A corporation if any manager, officer or director thereof or any stockholder owning in the aggregate more than 25 percent of the stock of such corporation would be ineligible to receive a license hereunder for any reason other than non-residence within the city or county.
(g) A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 25 percent of the stock of such corporation, has been an officer, manager or director, or a stockholder owning in the aggregate more than 25 percent of the stock, of a corporation which: (A) Has had a retailer’s license revoked under K.S.A. 41-2708 and amendments thereto; or (B) has been convicted of a violation of the drinking establishment act or the cereal malt beverage laws of this state.
(h) A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee.
(i) A person whose spouse would be ineligible to receive a retailer’s license for any reason other than citizenship, retailer residency requirements or age, except that this subsection (i) shall not apply in determining eligibility for a renewal license.
Section 9. RESTRICTION UPON LOCATION.
(a) No license shall be issued for the sale at retail of any enhanced cereal malt beverage on premises which are located in areas not zoned for such purpose.
Section 10. LICENSE FEE. The rules and regulations regarding license fees shall be as follows:
(a) General Retailer — for each place of business selling enhanced cereal malt beverages at retail, $100.00 per calendar year, plus the State of Kansas required fee.
(b) Limited Retailer — for each place of business selling only at retail enhanced cereal malt beverages in original and unopened containers and not for consumption on the premises, $50.00 per calendar year, plus the State of Kansas required fee.
Full amount of the license fee shall be required regardless of the time of the year in which the application is made, and the licensee shall only be authorized to operate under the license for the remainder of the calendar year in which the license is issued.
Section 11. SUSPENSION OF LICENSE. The chief of police, upon five days’ written notice, shall have the authority to suspend such license for a period not to exceed 30 days, for any violation of the provisions of this ordinance or other laws pertaining to enhanced cereal malt beverages, which violation does not in his or her judgment justify a recommendation of revocation. The licensee may appeal such order of suspension to the governing body within seven days from the date of such order.
Section 12. LICENSE SUSPENSION/REVOCATION BY GOVERNING BODY. The governing body of the city, upon five days’ written notice, to a person holding a license to sell enhanced cereal malt beverages shall permanently revoke or cause to be suspended for a period of not more than 30 days such license for any of the following reasons:
(a) If a licensee has fraudulently obtained the license by giving false information in the application therefor;
(b) If the licensee has violated any of the provisions of this section or has become ineligible to obtain a license under this section;
(c) Drunkenness of a person holding such license, drunkenness of a licensee’s manager or employee while on duty and while on the premises for which the license is issued, or for a licensee, his or her manager or employee permitting any intoxicated person to remain in such place selling enhanced cereal malt beverages;
(d) The sale of enhanced cereal malt beverages to any person under 21 years of age;
(e) For permitting any gambling in or upon any premises licensed;
(f) For permitting any person to mix drinks with materials purchased in any premises licensed or brought into the premises for this purpose;
(g) For the employment of any person under the age established by the State of Kansas for employment involving dispensing enhanced cereal malt beverages;
(h) For the employment of persons adjudged guilty of a felony or of a violation of any law relating to intoxicating liquor;
(i) For the sale or possession of, or for permitting the use or consumption of alcoholic liquor within or upon any premise licensed;
(j) The nonpayment of any license fees;
(k) If the licensee has become ineligible to obtain a license;
(l) The provisions of subsections (f) and (i) shall not apply if such place of business is also currently licensed as a private club.
Section 13. SAME; APPEAL. The licensee, within 20 days after the order of the governing body revoking any license, may appeal to the district court of Hodgeman county and the district court shall proceed to hear such appeal as though such court had original jurisdiction in the matter. Any appeal taken shall not suspend the order of revocation of the license of any licensee, nor shall any new license be issued to such person or any person acting for or on his or her behalf, for a period of six months thereafter.
Section 14. CHANGE OF LOCATION. If a licensee desires to change the location of his or her place of business, he or she shall make an application to the governing body showing the same information relating to the proposed location as in the case of an original application. Such application shall be accompanied by a fee of $50.00. If the application is in proper form and the location is not in a prohibited zone and all other requirements relating to such place of business are met, a new license shall be issued for the new location for the balance of the year for which a current license is held by the licensee.
Section 15. WHOLESALERS AND/OR DISTRIBUTORS. It shall be unlawful for any wholesaler and/or distributor, his, her or its agents or employees, to sell and/or deliver enhanced cereal malt beverages within the city, to persons authorized to sell the same within this city unless such wholesaler and/or distributor has first secured a license from the director of revenue, state commission of revenue and taxation of the State of Kansas authorizing such sales.
Section 16. BUSINESS REGULATIONS. It shall be the duty of every licensee to observe the following regulations.
(a) The place of business licensed, and operating shall at all times have a front and rear exit unlocked when open for business.
(b) The premises and all equipment used in connection with such business shall be kept clean and in a sanitary condition and shall at all times be open to the inspection of the police and health officers of the city, county and state.
(c) Except as provided by subsection (d), no enhanced cereal malt beverages may be sold or dispensed; (1) Between the hours of 12:00 midnight and 6:00 a.m.; (2) in the original package before 12:00 noon or after 8:00 p.m. on Sunday; (3) on Easter Sunday; or (4) for consumption on the licensed premises on Sunday, except in a place of business which is licensed to sell enhanced cereal malt beverage for consumption on the premises, which derives not less than 30% of its gross receipts from the sale of food for consumption on the licensed premises.
(d) Enhanced cereal malt beverages may be sold at any time alcoholic liquor is allowed by law to be served on premises which are licensed pursuant to K.S.A. 41-2601, et seq. and amendments thereto, and licensed as a club by the State Director of Alcoholic Beverage Control.
(e) The place of business shall be open to the public and to the police at all times during business hours, except that premises licensed as a club under a license issued by the State Director of Alcoholic Beverage Control shall be open to the police and not to the public.
(f) It shall be unlawful for any licensee or agent or employee of the licensee to become intoxicated in the place of business for which such license has been issued.
(g) No licensee or agent or employee of the licensee shall permit any intoxicated person to remain in the place of business for which such license has been issued.
(h) No licensee or agent or employee of the licensee shall sell or permit the sale of enhanced cereal malt beverage to any person under 21 years of age.
(i) No licensee or agent or employee of the licensee shall permit any non-State of Kansas sanctioned gambling in the place of business for which such license has been issued.
(j) No licensee or agent or employee of the licensee shall permit any person to mix alcoholic drinks with materials purchased in said place of business or brought in for such purpose.
(k) No licensee or agent or employee of the licensee shall employ any person under 18 years of age in dispensing enhanced cereal malt beverages. No licensee shall employ any person who has been judged guilty of a felony.
Section 17. PROHIBITED CONDUCT ON PREMISES. The following conduct by an enhanced cereal malt beverage licensee, manager or employee of any licensed enhanced cereal malt beverage establishment is deemed contrary to public welfare and is prohibited:
(a) Remaining or permitting any person to remain in or upon the premises who exposes to view any portion of the female breasts below the top of the areola or any portion of males/female’s pubic hair, anus, buttocks or genitals;
(b) Permitting any employee on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any other employee or any patron;
(c) Encouraging or permitting any patron on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva, or genitals of any employee;
(d) Performing or permitting any person to perform on the licensed premises acts of or acts which simulate:
(1) Sexual intercourse, masturbation, sodomy, or any other sexual act which is prohibited by law; or
(2) Touching, caressing or fondling such persons’ breasts, buttocks, anus or genitals.
(e) Using or permitting any person to use on the licensed premises, any artificial devices or inanimate objects to depict any of the acts prohibited by paragraph (d).
(f) Showing or permitting any person to show on the licensed premises any motion picture, film, photograph, electronic reproduction, or other visual reproduction depicting:
(1) Acts or simulated acts of sexual intercourse, masturbation, sodomy, or any sexual act which is prohibited by law;
(2) The touching, caressing or fondling of the buttocks, anus, genitals or the female breasts;
(3) Scenes in which a person displays the buttocks, anus, genitals or the female breasts.
(g) The term premises means the premises licensed by the city as an enhanced cereal malt beverage establishment and such other areas, under the control of the licensee or his or her employee or employees, that are in such close proximity to the licensed premises that activities and conduct of persons within such other areas may be viewed by persons on or within the licensed premises.
Section 18. SANITARY CONDITIONS REQUIRED. All parts of the licensed premises including furnishings and equipment shall be kept clean and in a sanitary condition, free from flies, rodents and vermin at all times. The licensed premises shall have at least one restroom for each sex easily accessible at all times to its patrons and employees. The restroom shall be equipped with at least one lavatory with hot and cold running water, be well lighted, and be furnished at all times with paper towels or other mechanical means of drying hands and face. Each restroom shall be provided with adequate toilet facilities which shall be of sanitary design and readily cleanable. The doors of all toilet rooms shall be self-closing and toilet paper at all times shall be provided. Easily cleanable receptacles shall be provided for waste material and such receptacles in toilet rooms for women shall be covered. The restrooms shall at all times be kept in a sanitary condition and free of offensive odors and shall be at all times subject to inspection by the city public officer or designee.
Section 19. This ordinance shall be published one time in the official city newspaper.
Section 20. This ordinance shall take effect and be in force from and after April 1, 2019.
PASSED AND APPROVED this 7th day of February, 2019.
We are sad and disappointed and frustrated to report that the run the weekend of the 1st and 2nd at the power plant did not go as planned/hoped for and we felt it important to share some details of the process to this point.
At this point the engine has been repaired a total of two times. The first time the damaged parts (mostly lower pistons and bearings) were simply replaced with new or remanufactured parts, along with several other parts that closely relate to those parts (all new/remanufactured cylinders, rings, etc.). Because this was a covered loss through our insurance carrier, KCAMP, the cost to the City was $1,000 for the deductible. The approval for the repairs was not quick in coming though as the total cost was significant, in excess of $300,000. The City did make some demands of the contractor as well during this process as we insisted on better than the standard 1 year/1,000 hour warranty and were able to secure a 5 year/2,000 hour warranty and a five year maintenance agreement. The City’s commitment for the 5 year maintenance agreement is $30,000, but it ensures proper and thorough maintenance on an annual basis and shields the City from the cost of repairs on normal wear items. Additionally the City purchased a new monitoring and control system that will constantly monitor temperatures, pressures, and engine vibrations, as well as other variables throughout the engine and the generator which will help the City and our contractors to identify emerging problems before they result in large repair bills in the future. This new system will allow our main contractor, Farabee Mechanical, to monitor the engine remotely, which will allow them to identify issues from their location in Nebraska, and to shut the engine down remotely if needed. This new system also changes a somewhat complex startup process into a very simple push button process. This leaves the staff largely with just the task of bringing the generator online once the engine is started. The cost for the monitoring and control system is significant at $89,000, but will benefit the City well into the future.
Sadly those initial repairs were not in and of themselves successful and a next step was ultimately settled upon by the contractor, in consultation with the insurance company and Fairbanks Morse (the engine manufacturer). After the first repairs just two bearings and caps were found to be out of spec and it was determined that these two should be machined. Two others were also machined during this time. These other two were in spec, but required some shimming (not at critical points) to keep them where they need to be. Again, the insurance company did take a significant amount of time deliberating on how they would proceed. Sadly these repairs ultimately proved to be insufficient. Through several steps, running the engine for a short time then stopping for measurements, the engine was operating properly and all the measurements were good. It was during the process of bringing the engine up to 75% of maximum capacity that problems were encountered and it was determined that they would allow the engine to go ahead and cool a bit and then they would check the status again of the bearings and the pistons. These checks revealed that several of the bearings and caps had experienced “flashing”, which is a process whereby the face of the bearing is pitted, basically. At this point the contractor has presented the report from their experiences from the unsuccessful run and have presented the city with the next step, which is to separate the block from the base and inspect the block carefully for damage. It is thought that either the bottom crankshaft or the block will need to be replaced, or the block will be line bored. All of this is per the manufacturer, Fairbanks Morse.
It must be noted that in spite of the difficulties the city has experienced, the fact that the city has had this engine has been a tremendous benefit. This engine was selected by the prior administrator and council for these very reasons. First, this new engine is compliant with new rules by the EPA (called the RICE-NESHAP rules). Second, the fact that the engine is RICE-NESHAP compliant means that the City qualifies for credit toward our required “capacity”. Capacity is defined as the city’s peak annual load + 12%. For Jetmore this is 2733 kilowatts. Before we brought our engine online in November 2015 the City paid about $5,800 per month to purchase this capacity from other cities with excess capacity. With the engine the City not only doesn’t pay this $5,800, but because the engine has enough accredited capacity plus the hydroelectric product the City buys from WAPA (which is also counted toward the City’s accredited capacity) Jetmore actually has excess accredited capacity and receives a monthly check in the amount of $475. In total the value of the amount no longer paid for capacity and the amount the City now receives for excess capacity is $75,600/year. The cost of the bond for the power plant project is $53,000. Therefore, the net benefit to the City is $22,600/year which will buy 1 ½ truckloads of new power poles, about 40 pole mounted transformers, or nearly a whole year of the cost of the previously mentioned WAPA contract. Or, if that amount is saved for about 5 years and 4 months, it would purchase a new main transformer for the substation, which is a possibility in the next several years as the current main transformer is a 1980 vintage. In short, even not running this engine continues to benefit the City pretty immensely. That said, we need to get it running again. That task is the number one goal of the mayor, council, and the city staff and will remain so until it is done.
The City of Jetmore 2017 Consumer Confidence Report for Water Quality is available to be viewed at the Kansas Rural Water Association (KRWA) website or by clicking here. Hard copies of the report are available at the City Office for anyone who wishes to have one. If you have any questions, please feel free to contact the city office.
Public Works Position:
The City of Jetmore is accepting applications to fill a position in the Public Works Department. This is a full time Skilled Laborer position. Position requires ability to perform a variety of duties involving manual labor, semi-skilled trade work, and equipment operation as assigned by the City Foreman. Applicant must be willing to work occasional evenings, weekends, and holidays. Applicant must be able to lift 40 pounds and work at heights, in confined spaces, and in adverse weather conditions. All applicants must be a minimum of 18 years old and possess a valid driver’s license. A commercial driver’s license is preferred but not required. Previous municipal, construction and/or equipment operation experience a plus. Applicants must be willing to submit to a pre-employment drug screen and background check.
Complete job description along with application is available at the city office, 109 E. Bramley St. Salary dependent upon qualifications. Position includes benefits starting on date of hire. Applications will be accepted until May 1, 2018. The City of Jetmore is an equal opportunity employer.