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 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)   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 non-profit 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.

(e)   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.

(f)   Club means a Class A or Class B club.

(g)   Drinking Establishment means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.

(h)   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.

 (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 means 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, co-partnerships, corporations and associations which sell or offer for sale any beverage referred to in this chapter, to persons, co- partnerships, corporations and associations authorized by this chapter to sell cereal malt beverages at retail.

(a)   No alcoholic liquor shall be issued for the sale, at retail, of any cereal malt beverage on premises which are located in areas not zoned for such purpose.

(b)   Except as set forth in Paragraphs “c” and “d” hereof, it shall be unlawful to sell or dispense, at retail, any cereal malt beverage at any place within the City limits that is within 500 feet of property used for public park, church, library or school.

(c)   Provisions of this Section shall not apply to any establishment holding a private club license issued by the State of Kansas.

(d)   Provisions of this Section shall not apply to any tavern, restaurant, club, business or similar use unless more than 50% of its revenues are derived from the sale of alcoholic or cereal malt beverages.

(e)   The distance limitation of subsection (b) above shall not apply to any establishment holding a cereal malt beverage license issued by the City when the licensee has petitioned for and received a waiver of the distance limitation. The Governing Body shall grant such waiver only following a public notice and hearing.

(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 premise derives not more than 50 percent of its gross receipts in each calendar year from the sale of alcoholic liquor for on premises consumption.

No person shall drink or consume any alcoholic liquor on city-owned public property, provided that the Governing Body, may by a Resolution passed by a majority of the Governing Body approve an exception to this section. The specific terms of such exception shall be set forth in said Resolution.

(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.

It shall be unlawful for any person to consume any cereal malt beverage or alcoholic beverage while operating any vehicle upon an alley, street or highway.

(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.

(a)   It shall be unlawful for any person under 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.

No person shall knowingly sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor or cereal malt beverage to or for any person who is physically or mentally incapacitated by the consumption of such liquor or beverage.

(Code 2020)