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% 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)   Business district - Shall mean both sides of Broadway Street between Jefferson Street and Van Buren Street in the city.

(e)   Caterer - means an individual, partnership or corporation that sells alcoholic liquor or cereal malt beverage by the individual drink, and provides services related to the serving thereof, on unlicensed premises that may be open to the public, but does not include a holder of a temporary permit selling alcoholic liquor or cereal malt beverage in accordance with the terms of such permit.

(f)   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% alcohol by weight.

(g)   Class A Club - means a premises that is owned or leased by a corporation, partnership, business trust or association and that 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, as provided in K.S.A. 41-2637, and amendments thereto.

(h)   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.

(i)    Club - means a Class A or Class B club.

(j)    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 for sale or resale to retailers licensed under K.S.A. 41-2702, and amendments thereto.

(k)   Drinking Establishment - means premises that may be open to the general public, where alcoholic liquor or cereal malt beverage by the individual drink is sold.

(l)    Place of Business - Any place at which cereal malt beverages or alcoholic beverages or both are sold.

(m)  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 or cereal malt beverages.

(n)   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.

(Code 2014; Ord. 2502; Ord. 2536)

No person shall drink or consume any cereal malt beverage or alcoholic liquor on city owned public property, except as provided for in section 3-103(a) of this code.

(K.S.A. Supp. 41-719; Code 2014; Ord. 2536; Ord. 2552; Ord. 2553)

(a)   It shall be unlawful for any person to sell, serve or dispense any cereal malt beverage or alcoholic liquor 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, except as expressly permitted and approved by governing body, said approval given for a specific limited time period for a specific and limited location. To be approved, the applicant shall be required to:

(1)   Provide the proposed date and time for the event, and the proposed location;

(2)   Provide the name and contact information for the on-site supervisor of the event;

(3)   Arrange for such cereal malt beverages or alcoholic liquor to be sold, served, and dispensed by a caterer, as defined in K.S.A. 41-2601, and amendments thereto, holding a city and state license for such service, or by such other duly licensed person whose license authorizes the licensee to sell, serve, or dispense cereal malt beverages or alcoholic liquor at such event, and provide a copy of the relevant license(s);

(4)   Present a detailed security plan, including;

(A)  The means to delineate and separate the approved premises from other public areas, the exact location of entries, exits, and booths for dispensing cereal malt beverages and alcoholic liquor, and signage;

(B)  Adequate staffing to control crowds, to prevent off-premises consumption, and to prevent consumption by minors;

(C)  A system for issuing wristbands to persons of legal drinking age, requiring a wristband for any person to possess or consume cereal malt beverages or alcoholic liquor, and the means of enforcement of such system;

(D)  A system to ensure that no person is served more than two drinks at the same time;

(5)   Provide proof of adequate liability insurance, naming the city as an insured, with commercial general liability and host liquor coverages, with policy limits of not less than $1 million per occurrence and $2 million general aggregate, the governing body and/or the city staff having authority to require higher limits and other specific coverages;

(6)   Agree to not serve any drinks of any kind in glass containers, or serve cereal malt beverages or alcoholic liquor in pitchers, buckets, carafes, or any containers larger than a single serving, and serve non-alcoholic beverages in containers which are distinctly different in appearance than containers in which cereal malt beverages and alcoholic liquor are served;

(7)   Agree to not serve cereal malt beverages or alcoholic liquor before 12:00 p.m. or after 9:00 p.m.;

(8)   Provide a $1,000.00 cash deposit, due 20 days prior to the event, to be used at the discretion of city staff to cover damages to public property or to pay for clean-up after the event; provided, liability for damages or clean-up costs shall not be limited to the amount of the deposit;

(9)   Agree that law enforcement may immediately shut down the event if the security plan and other provisions of this ordinance and of the application as approved are not being implemented or followed.

       The city staff shall provide an application form, to be completed by the applicant and submitted to the city, together with supporting documentation, no less than 30 days prior to the event. The governing body shall have the authority and discretion to make further requirements or to deny an application for any reason.

(b)   It shall be unlawful for any person to drink or consume any cereal malt beverage or alcoholic liquor 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, except as provided in subsection (a) above.

(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 2014; Ord. 2536; Ord. 2552; Ord. 2553)

(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 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 or cereal malt beverage.

(Code 2014; Ord. 2536)