Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.
(a) Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted, whatever the origin thereof, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol.
(b) Alcoholic Liquor means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirts, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.
(c) Caterer means an individual, partnership or corporation which sells alcoholic liquor by the individual drink, and provides services related to the serving thereof, on unlicensed premises which may be open to the public, but does not include a holder of a temporary permit selling alcoholic liquor in accordance with the terms of such permit.
(d) 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.
(e) Class A Club means a premises which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide nonprofit social, fraternal or war veterans’ club, as determined by the State of Kansas, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates (hereinafter referred to as members), and their families and guests accompanying them.
(f) Class B Club means a premises operated for profit by a corporation, partnership or individual, to which members of such club may resort for the consumption of food or alcoholic beverages and for entertainment.
(g) Club means a Class A or Class B club.
(h) Drinking Establishment means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.
(i) General Retailer means a person who has a license to sell cereal malt beverages at retail.
(j) Limited Retailer means a person who has a license to sell cereal malt beverages at retail only in original and unopened containers and not for consumption on the premises.
(k) Place of Business. Any place at which cereal malt beverages or alcoholic beverages or both are sold.
(l) Temporary Permit means a permit, issued in accordance with the laws of the State of Kansas, which allows the permit holder to offer for sale, sell and serve alcoholic liquor for consumption on unlicensed premises, open to the public.
(m) Wholesaler or distributor. Any individuals, firms, copartnerships, corporations and associations which sell or offer for sale any beverage ref erred to in this chapter, to persons, copartnerships, corporations and associations authorized by this chapter to sell cereal malt beverages at retail.
(n) Person shall be defined as any person, individual, firm, co-partnership, corporation or association which sells or offers for sale any beverage referred to in this chapter.
(Code 1961, 3-201; Code 1987; Ord. 778; Code 2016)
(a) No alcoholic liquor shall be sold or served by a person holding a license or permit from the city whose place of business or other premises are located within 75 feet of any church, school, nursing home, library, or hospital, said distance to be measured from the nearest property line of such church, school, nursing home, library, or hospital to the nearest portion of the building occupied by the premises.
(b) The distance location of subsection (a) above shall not apply to a club, drinking establishment, caterer or temporary permit holder when the license or permit applicant petitions for and receives a waiver of the distance limitation from the governing body. The governing body shall grant such a waiver only following public notice and hearing and a finding by the governing body that the proximity of the establishment is not adverse to the public welfare or safety.
(c) No license or permit shall be issued for the sale of alcoholic liquor if the building or use does not meet the zoning ordinance requirements of the city or conflicts with other city laws, including building and health codes.
(Code 1987)
(a) Except as allowed by subsection (b), no person shall drink or consume any alcoholic liquor on city owned public property.
(b) The prohibition in subsection (a) shall not apply to:
(1) Indian Hill Golf Course, which is property owned by the city; and
(2) The Sheeran Park common consumption area established by section 3-109.
(Code 1987; Ord. 1013)
(a) It shall be unlawful for any person to sell, serve or dispense any cereal malt beverage or alcoholic beverage in any public place not licensed to sell, serve or dispense such beverage at such public place within or under the jurisdiction of the city.
(b) It shall be unlawful for any person to drink or consume any cereal malt beverage or alcoholic beverage in any public place not licensed to sell and serve such beverage for public consumption at such public place within or under the jurisdiction of the city.
(c) For purposes of this section, the term “public place” shall include upon any street, public thoroughfare, public parking lot or any privately owned parking area made available to the public generally, within any parked or driven motor vehicle situated in any of the aforesaid places or upon any property owned by the state or any governmental subdivision thereof unless such property is leased to others under K.S.A. 12-1740 et seq. if the property is being used for hotel or motel purposes or purposes incidental thereto or is owned or operated by an airport authority created pursuant to Chapter 27 of the Kansas Statutes Annotated.
(K.S.A. 41-719; Ord. 434, Sec. 1; Code 1987)
(a) It shall be unlawful for any person to transport in any vehicle upon a highway or street any cereal malt beverage or alcoholic beverage unless such beverage is:
(1) In the original, unopened package or container, the seal of which has not been broken and from which the original cap or cork or other means of closure has not been removed;
(2) In the locked, rear trunk or rear compartment or any locked outside compartment which is not accessible to any person in the vehicle while it is in motion or;
(3) In the exclusive possession of a passenger in a vehicle which is a recreational vehicle as defined by K.S.A. 75-1212 or a bus as defined by K.S.A. 8-1406, who is not in the driving compartment of such vehicle or who is in a portion of such vehicle from which the driver is not directly accessible.
(b) As used in this section “highway” and “street” have meanings provided by K.S.A. 8-1424 and K.S.A. 8-1473 and amendments thereto.
(K.S.A. 41-804, 41-2719; Code 1961, 3-111; Code 1987)
It shall be unlawful for any person to consume any cereal malt beverage or alcoholic beverage while operating any vehicle upon any street or highway.
(K.S.A. 41-719, 41-2720; Code 1987)
(a) It shall be unlawful for any person to:
(1) Display, cause or permit to be displayed, or have in possession, any fictitious, fraudulently altered, or fraudulently obtained identification card for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
(2) Display or represent any identification card not issued to such person as being his or her card for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
(3) Permit any unlawful use of an identification card issued to a person for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
(4) Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card or display or have in possession any such photograph, photostat, duplicate, reproduction or facsimile for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
(b) It shall be unlawful for any person to:
(1) Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the sale, purchase or consumption of any alcoholic liquor.
(2) Lend any identification card to or knowingly permit the use of any identification card by any person under the legal age for consumption of cereal malt beverage for use in the sale, purchase or consumption of any cereal malt beverage.
(Code 1987)
(a) It shall be unlawful for any person 21 years of age to purchase or attempt to purchase any cereal malt beverage.
(b) It shall be unlawful for any person under 21 years of age to purchase or attempt to purchase any alcoholic liquor.
(K.S.A. 41-715, 41-2721; Ord. 698, Sec. l; Ord. 699, Sec. 2; Code 1987)
(a) In accordance with K.S.A. 41-2659, and amendments thereto, the Governing Body hereby establishes the Sheeran Park common consumption area (the “Sheeran Park CCA”) consisting of certain outdoor areas located within Sheeran Park and associated city rights-of-way, as designated on the map below, excluding any and all areas which otherwise become subject to a license issued pursuant to the Kansas liquor control act or the club and drinking establishment act. The boundaries of the Sheeran Park CCA shall be clearly marked using a physical barrier or any apparent line of demarcation. The City right-of-way laying within the 400 and 500 blocks of North Marshall may be included within the boundaries of the Sheeran Park CCA when: (1) a Special Event Permit has been issued for the selling of alcoholic beverages in, or connected with, the Sheeran Park CCA, and (2) the right-of-way has been barricaded from vehicle traffic. The city tennis courts shall be excluded from the Sheeran Park CCA at all times.
(b) The Governing Body hereby authorizes the possession and consumption of alcoholic liquor in the Sheeran Park CCA; provided, however, that a common consumption area permit (“Permit”) for the Sheeran Park CCA has been issued to the City by the State of Kansas, Director of the Division of Alcoholic Beverage Control (“Director”) in accordance with K.S.A. 41-2659, and amendments thereto The possession and consumption of alcoholic liquor within the Sheeran Park CCA is only permitted between the hours of 9:00 a.m. and 12:00 a.m., midnight, Sunday through Saturday.
(c) All alcoholic liquor removed from a licensed premise authorized to participate in the Sheeran Park CCA shall be served in a container that displays the licensee’s trade name or logo or other identifying mark that is unique to the licensee.
(d) The possession or consumption of alcoholic liquor purchased outside of the Sheeran Park CCA shall not be permitted inside the boundaries of the Sheeran Park CCA.
(e) No open container of alcoholic liquor, purchased within the Sheeran Park CCA, shall be removed from the boundaries of the Sheeran Park CCA.
(f) Inappropriate conduct shall not be permitted within the boundaries of the Sheeran Park CCA and any person engaging in such inappropriate conduct shall be subject to removal from the Sheeran Park CCA. Inappropriate conduct may include but is not limited to fighting, use of profanity or indecent language, harassment, destruction of property, lewd or lascivious acts, or committing any violation of law or City Code.
(g) All licensees approved by the ABC to participate in the Sheeran Park CCA shall at all times comply with any and all federal, state and City laws or regulations pertaining to the purchase and sale of alcoholic liquor.
(h) The Governing Body hereby authorizes the City Administrator or his designee to take all reasonably necessary actions, including but not limited to the execution of all documents and instruments, to obtain a Permit for the Sheeran Park CCA on behalf of the City.
(i) Subject to receipt of the Permit as described in subsection (b), the Governing Body hereby authorizes the City Administrator or his designee to establish rules and regulations pertaining to the use of the Sheeran Park CCA and activities therein. A copy of the rules and regulations shall be available at the office of the City Clerk during regular business hours, on the website maintained by the City, and posted in the CCA. Any violation of such rules and regulations, any official City signage, state Jaw or regulations, or the oral direction of any City employee or authorized volunteer shall be grounds for expulsion from the Sheeran Park CCA and criminal sanctions or any other remedy available under local, state or federal laws.
(Ord. 1013)