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) Beer means a beverage, containing more than 3.2 percent alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager, beer, porter and similar beverages having such alcoholic content.
(d) Cereal Malt Beverage means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage, but does not include any such liquor which is more than 3.2 percent alcohol by weight.
(e) 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.
(f) 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.
(g) Club means a Class A or Class B club.
(h) Director means the director of alcoholic beverage control of the department of revenue.
(i) Distributor means the person importing or causing to be imported into the state, or purchasing or causing to be purchased within the state, alcoholic liquor for sale or resale to retailers licensed under this act, or cereal malt beverage or enhanced cereal malt beverage for sale or resale to retailers licensed under K.S.A. 41-2702 and amendments thereto.
(j) Domestic Beer means beer which contains not more than 15 percent alcohol by weight and which is manufactured in this state.
(k) Domestic Fortified Wine means wine which contains more than 14 percent, but not more than 20 percent alcohol by volume and which is manufactured in this state.
(l) Domestic Table Wine means wine which contains not more than 14 percent alcohol by volume and which is manufactured without rectification or fortification in this state.
(m) Drinking Establishment means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.
(n) Enhanced Cereal Malt Beverage means cereal malt beverage, as defined herein, and such term shall also 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 and the provisions of this Chapter III.
(o) Farm Winery means a winery licensed by the director to manufacture, store and sell domestic table wine and domestic fortified wine.
(p) Food Establishment has the meaning provided by K.S.A. 65-656 and amendments thereto.
(q) General Retailer means a person who has a license to sell cereal malt beverages at retail.
(r) Legal Age for Consumption of Enhanced Cereal Malt Beverage means 21 years of age, except that legal age for consumption of cereal malt beverage shall mean 18 years of age if at any time the provisions of P.L. 98-363 penalizing states for permitting persons under 21 years of age to consume cereal malt beverage are repealed or otherwise invalidated or nullified.
(s) 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.
(t) Manufacture means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with any alcoholic liquor, beer, enhanced cereal malt beverage, or cereal malt beverage.
(u) Manufacturer means every brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic liquor, beer, enhanced cereal malt beverage, or cereal malt beverage.
(v) Manufacturer does not include a microbrewery, microdistillery, or a farm winery.
(w) Microbrewery means a brewery licensed by the director to manufacture, store and sell domestic beer.
(x) Microdistillery means a facility which produces spirits from any source or substance that is licensed by the director to manufacture, store and sell spirits.
(y) Minor means any person under 21 years of age.
(z) Nonbeverage User means any manufacturer of any of the products set forth and described in K.S.A. 41-501 and amendments thereto, when the products contain alcohol or wine, and all laboratories using alcohol for non-beverage purposes.
(aa) Original Package means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor.
(bb) Person means any natural person, corporation, limited liability company, partnership or association.
(cc) Place of Business means any place at which cereal malt beverages or alcoholic beverages or both are sold.
(dd) Retailer means a person who is licensed under the Kansas liquor control act and sells at retail, or offers for sale at retail, alcoholic liquors, enhanced cereal malt beverages, or cereal malt beverages, but does not include a microbrewery, microdistillery, or farm winery.
(ee) Sale means any transfer, exchange or barter in any manner or by any means whatsoever for a consideration and includes all sales made by any person, whether principal, proprietor, agent, servant or employee.
(ff) Salesperson means any natural person who:
(1) Procures or seeks to procure an order, bargain, contract or agreement for the sale of alcoholic liquor, enhanced cereal malt beverage, or cereal malt beverage; or
(2) Is engaged in promoting the sale of alcoholic liquor, enhanced cereal malt beverage, or cereal malt beverage, or in promoting the business of any person, firm or corporation engaged in the manufacturing and selling of alcoholic liquor, enhanced cereal malt beverage, or cereal malt beverage, whether the seller resides within the state of Kansas and sells to licensed buyers within the state of Kansas, or whether the seller resides without the state of Kansas and sells to licensed buyers within the of Kansas.
(gg) Sell at Retail and Sale at Retail refer to and mean sales for use or consumption and not for resale in any form and sales to clubs, licensed drinking establishments, licensed caterers or holders of temporary permits.
(hh) Sell at Retail and Sale at Retail do not refer to or mean sales by a distributor, a microbrewery, a farm winery, a licensed club, a licensed drinking establishment, a licensed caterer or a holder of a temporary permit.
(ii) Spirits means any beverage which contains alcoholic obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
(jj) Supplier means a manufacturer of alcoholic liquor, enhanced cereal malt beverage, or cereal malt beverage or an agent of such manufacturer, other than a salesperson.
(kk) 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.
(ll) To Sell includes to solicit or receive an order for, to keep or expose for sale and to keep with the intent to sell.
(mm) Wholesaler or distributor means any persons, 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.
(nn) Wine means any alcoholic beverage obtained by the normal alcoholic fermentation of the juice of sound, ripe grapes, fruits, berries or other agricultural products, including such beverages containing added alcohol or spirits or containing sugar added for the purpose of correcting natural deficiencies. The term "wine" shall include hard cider and any other product that is commonly known as a subset of wine.
(Code 1987; Ord. 1088; Ord. 1121)
(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, cereal malt beverages, and enhanced cereal malt beverages 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, cereal malt beverages, or enhanced 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, enhanced cereal malt beverages, or other alcoholic liquors, as already prohibited by this section.
(Code 1985; Ord. 992; Ord. 1088)
(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; or
(2) Prepared in accordance with applicable Kansas laws regarding "to-go" service; or
(3) 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;
(4) 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; Ord. 1088; Ord. 1121)
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; Ord. 1088)
(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; Ord. 1088)