CHAPTER III. BEVERAGESCHAPTER III. 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)   Cereal Malt Beverage means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor which is more than 3.2 percent alcohol by weight.

(d)   Class A Club means a premise 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.

(e)   Class B Club means a premise 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)   General Retailer means a person who has a license to sell cereal malt beverages at retail.

(i)    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.

(j)    Place of Business means any place at which cereal malt beverages or alcoholic beverages or both are sold.

(k)   Retailer’s License means a license that shall allow the licensee to sell and offer for sale at retail and deliver in the original package as therein prescribed, alcoholic liquor for use or consumption of and away from the premises specified in such lice3nse as provided in K.S.A. 41-308.

(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 means 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.

(Code 1987)

(a)   Except as otherwise provided herein, it shall be unlawful for any person to sell, serve, dispense, drink or consume any cereal malt beverage or alcoholic liquor in any public place not licensed to sell such beverages within or under the jurisdiction of the city or upon any street, public thoroughfare or 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.

(b)   Notwithstanding the foregoing, and pursuant to K.S.A. 41-719(c) and K.S.A. 41-719(d), as amended, the drinking and consumption of “beer” and “cereal malt beverages” (as both terms are defined by K.S.A. 41-102, as amended) shall be permitted on or in the following areas:  the open outside areas and viewing stands of that property owned by the city commonly known as Lucy Kaegi Park, 1638 Elm Street, except for the dugouts, ball fields, or concession stands located thereon; and such other locations and times as the governing body of the city may designate from time to time; provided, that such exemptions shall be subject to the following additional rules and regulations:

(1)   All operations, use, or consumption under this ordinance shall be in full compliance with federal, state, and local laws and regulations, including the Kansas liquor control act, as amended.  By way of example only, under no circumstances shall any individual under the age of 21 or without proper identification be allowed to consume alcoholic beverages at any time on city property.

(2)   Nothing in this ordinance shall be construed as permitting the consumption of other alcoholic liquor, except for such beer or cereal malt beverages.

(3)   The exemption provided for in this ordinance shall only apply during those regular hours that Lucy Kaegi Park is open to the public, as determined by the city from time to time, and only during regularly-scheduled adult sports events sponsored or organized by the city’s Department of Recreation.  No alcoholic liquor shall be permitted on public property during any youth or school district sports events, or any other events.

(4)   Nothing herein shall be deemed to permit the sale, serving, or dispensing of beer, cereal malt beverages, or other alcoholic liquors, as already prohibited by this section.

(Code 1985; Ord. 992)

(a)   No person shall 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. 75-121 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.

(Code 1985)

No person shall consume any cereal malt beverage or alcoholic beverage while operating any vehicle upon any street or highway.

(K.S.A. 41-2720; Code 1985)

(a)   It shall be unlawful for any person to:

(1)   Display, cause or permit to be displayed, or have in possession, any canceled, fictitious, fraudulently altered, or fraudulently obtained identification card.

(2)   Lend any identification card to any other person or knowingly permit the use thereof by another.

(3)   Display or represent any identification card not issued to such person as being his or her card.

(4)   Permit any unlawful use of an identification card issued to such person.

(5)   Do any act forbidden or fail to perform any act required by this act.

(6)   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.

(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 purchase of any alcoholic liquor.

(2)   Lend any identification card to or knowingly permit the use of any identification card by any person under the minimum age established by state law for use in the purchase of any cereal malt beverage.

(Code 1985)