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Commission directs rewrite of alcohol and CMB code to align with state law, address perceived double‑charging

Fort Scott City Commission · August 5, 2026
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Summary

After a lengthy debate about fairness and enforcement, commissioners directed the city attorney to draft an updated ordinance that aligns municipal code with state licensing categories and clarifies when the city may levy occupancy charges for establishments serving alcohol and cereal malt beverages.

Commissioners spent an extended portion of the meeting discussing proposed changes to municipal code chapters 5.08 (liquor), 5.12 (cereal malt beverages) and 5.14 (beer gardens). The discussion centered on inconsistent terminology in the existing ordinance that classifies drinking establishments as 'retail' and results in perceived duplicate charges for businesses that are already licensed by the state.

The commission directed the city attorney to prepare draft ordinance language that (1) aligns local definitions with state law, (2) clarifies who is required to pay the city occupancy charge, and (3) preserves the city's ability to enforce background checks and administrative steps required for CMB licenses. Commissioners debated whether to eliminate the city occupancy charge entirely or explicitly include 'drinking establishments' in the code so enforcement and compliance are consistent. The mayor and several commissioners emphasized fairness for businesses and the need to avoid double charging, while another commissioner noted that some drinking establishments generate additional city costs (e.g., policing) justifying a local fee.

The city attorney will bring draft language back for review at the next meeting cycle so the commission can consider first reading and potential revisions.