CHAPTER 3. BEVERAGESCHAPTER 3. BEVERAGES\Article 1. General Provisions

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, spirits, 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 referred to in this chapter, to persons, copartnerships, corporations and associations authorized by this chapter to sell cereal malt beverages at retail.

(Prior Code 2016 §600.010; Ord. 2473; Ord. 3132; Code 2021)

(a)   No alcoholic liquor shall be sold by a person holding a license or permit from the city whose place of business or other premises are located within 200 feet of any school, college or church, said distance to be measured from the nearest property line of such school, college or church to the nearest portion of the building occupied by the premises; except that if any such school, college or church is established within 200 feet of any licensed premises after the premises have been licensed, the premises shall be an eligible location for retail licensing.

(b)   The distance location of subsection (a) above shall not apply to a club, drinking establishment, restaurant, caterer or temporary permit holder.

(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.

(K.S.A. 41-710; Prior Code 2016 §600.020; Ord. 2473; Ord. 3011; Code 2021)

(a)   It shall be unlawful for any person under the age of 21 years to remain on any premises where the sale of alcoholic liquor is licensed for on-premises consumption, or where a caterer or temporary permit holder is serving alcoholic liquor.

(b)   It shall be unlawful for the operator, person in charge or licensee of any premises licensed for on-premises consumption of alcoholic liquor or a caterer or temporary permit holder who is serving alcoholic liquor to permit any person under the age of 21 years to remain on the premises.

(c)   This section shall not apply if the person under the age of 21 years is accompanied by his or her parent or guardian, or if the licensed or permitted premises derives not more than 30 percent of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption.

(Code 2021)

No person shall drink or consume any alcoholic liquor on city owned public property.

(K.S.A. Supp. 41-719; Prior Code 2016 §600.100; Ord. 2321; Code 2021)

(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; Code 2021)

(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; Prior Code 2016 §600.110; Ord. 2321; Code 2021)

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 2021)

(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 21 years of age for use in the sale, purchase or consumption of any cereal malt beverage.

(Code 2021)

(a)   Except with regard to serving of alcoholic liquor or cereal malt beverage as permitted by K.S.A. 41-308a, 41-308b, 41-727a, 41-2610, 41-2652, 41-2704 and 41-2727, and amendments thereto, and subject to any rules and regulations adopted pursuant to such Statutes, no person under twenty-one (21) years of age shall possess, consume, obtain, purchase or attempt to obtain or purchase alcoholic liquor or cereal malt beverage except as authorized by law.

(b)   Violation of this section by a person eighteen (18) or more years of age but less than twenty-one (21) years of age is a Class C misdemeanor for which the minimum fine is two hundred dollars ($200.00) and the maximum is five hundred dollars ($500.00). In addition thereto, the Court may order the offender to do either or both of the following:

(1)   Perform not less than forty (40) hours of public service; or

(2)   Attend and satisfactorily complete a suitable educational training program dealing with the effects of alcohol or other chemical substances when ingested by humans.

(c)   This Section shall not apply to the possession and consumption of cereal malt beverage by a person under the legal age for consumption of cereal malt beverage when such possession and consumption is permitted and supervised and such cereal malt beverage is furnished by the person’s parent or legal guardian.

(K.S.A. Supp. 41-727; Prior Code 2016 §600.090; Ord. 2717; Code 2021)

(a)   No licensee, nor any owner, employee or agent thereof, shall allow the serving or consumption of alcoholic liquor on extended premises that has not been approved by the Director of Alcoholic Beverage Control (the Director) for the State of Kansas. The licensee shall maintain, on the licensed premises, a copy of the Director’s written approval to extend the licensed premises. Such copy shall be available for inspection upon request by any Law Enforcement Officer or any officer or agent of the Director.

(b)   Hours of operation for an extended premises shall not be later than 10:00 P.M. on Sunday through Thursday or later than Midnight on Friday and Saturday.

(c)   Amplified music is not allowed at an outdoor extended premises.

(Prior Code 2016 §600.025; Ord. 3013; Code 2021)

The Chief of Police, upon five (5) days’ written notice, shall have the authority to suspend such license for a period not to exceed thirty (30) days, for any violation of the provisions of this Chapter or other laws pertaining to cereal malt beverages, which violation does not in his/her judgment justify a recommendation of revocation. The licensee may appeal such order of suspension to the Governing Body within seven (7) days from the date of such order.

(Prior Code 2016 §600.030; Ord. 2477; Code 2021)

(a)   The Governing Body, upon five (5) days’ written notice to a person holding a license to sell cereal malt beverages, may permanently revoke or cause to be suspended such license for a period of not more than thirty (30) days for any of the following reasons:

(1)   If a licensee has fraudulently obtained the license by giving false information in the application therefor;

(2)   If the licensee has violated any of the provisions of this Article or has become ineligible to obtain a license under this Article;

(3)   The licensee’s manager or employee has been intoxicated while on duty;

(4)   The licensee, or its manager or employee, has permitted any disorderly person to remain on premises where alcoholic liquor is sold by such licensee;

(5)   The sale of cereal malt beverages to any person under the legal age for consumption;

(6)   For permitting any gambling in or upon any premises licensed under this Article;

(7)   For permitting any person to mix drinks with materials purchased in any premises licensed under this Article or brought into the premises for this purpose;

(8)   For the employment of any person under the age established by the State of Kansas for employment involving, dispensing, or selling of cereal malt beverages;

(9)   For the employment of persons adjudged guilty of a felony or of a violation of any law relating to intoxicating liquor;

(10) For the sale of possession of, or for permitting the use or consumption of alcoholic liquor within or upon any premises licensed under this Article;

(11) The nonpayment of any license fees;

(12) The provisions of Subsections (6) and (9) shall not apply if such place of business is also currently licensed as a private club or drinking establishment.

(Prior Code 2016 §600.040; Ord. 2477; K.S.A. 41-2611(d),(e); Code 2021)

(a)   Whenever the Director refuses an application for any license or suspends or revokes any license, the Director shall prepare an order so providing which shall be signed by the Director or a person designated by the Director, and the seal of the Director shall be affixed thereto. The order shall state the reason or reasons for the refusal, suspension or revocation. The order shall be served in accordance with the provisions of K.S.A. 77-531 and amendments thereto.

(b)   Any applicant or licensee aggrieved by any order of the Director may appeal from such order to the Secretary by filing a notice of appeal with the Secretary. Such notice of appeal must either be mailed to the Secretary by certified mail or filed with the Secretary within fifteen (15) days after service of the order appealed from or, if such appeal is taken because the Director has failed to enter the order on an application for a license, within fifteen (15) days after the date an application for a license is considered to have been refused as provided in K.S.A. 41-319 and amendments thereto. The notice of appeal shall be on a form which shall be prescribed and furnished by the Secretary. Whenever any such notice of appeal is filed, the Secretary shall notify, in writing, the Director of such appeal. The Secretary at least ten (10) days before the time fixed for the hearing shall notify the Director and the applicant or licensee of the time when, and place where, the appeal will be heard. The hearing shall be conducted by the Secretary, or by a person designated by the Secretary, in accordance with the provisions of the Kansas Administrative Procedure Act and shall be held within thirty (30) days after the date of the filing of the notice of appeal unless the person appealing consents to a later hearing.

(c)   The Secretary shall adopt, pursuant to K.S.A. 41-210 and amendments thereto, such rules and regulations as necessary to govern the procedure in such hearings. At any such hearing the applicant or licensee and the Director may be present in person or by agent or counsel. The Secretary or person conducting the hearing shall have the power to adjourn any hearing, but no such adjournment shall be for more than five (5) days unless consented to by the person appealing.

(Prior Code 2016 §600.040; K.S.A. 41-321; Code 2021]

Any person, firm, partnership or corporation violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or by imprisonment not more than one (1) year, or by both such fine and imprisonment and upon conviction said license issued hereunder shall immediately be revoked.

(Prior Code 2016 §600.400; Ord. 2477; Code 2021)