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 or Alcoholic Beverage - Includes the alcoholic varieties of liquor as defined in K.S.A. 41-102, namely alcohol, alcoholic liquor, spirits, wine and beer and every liquid or solid, patented or not, containing alcohol, alcoholic liquor, spirits, wine or beer, and capable of being consumed as a beverage by a human being, but does not include any beer or cereal malt beverage containing not more than three and two-tenths percent (3.2%) of alcohol by weight.

(c)      Cereal Malt Beverage - means any fermented but undistilled liquor brewed or made from a malt or a mixture of malt or malt substitute, but shall not include any such liquor which contains more than three and two-tenths percent (3.2%) of alcohol by weight.

(d)     Class “A” Club - means a premises owned or leased and operated by a corporation, partnership, business trust or association, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates (hereinafter referred to as members), their families and invited and accompanied guests, and which is not operated for a profit other than such as would accrue to the entire membership. A corporation, partnership, business trust, or association not operated for a profit, for the purposes of the definition of a class “A” club shall only include such a corporation, partnership, business trust, or association which has been determined by the director to be a bona fide nonprofit social, fraternal or war veterans' club.

(e)      Class “B” Club - means a premises operated for profit by a corporation, partnership or individual, known as the management, to which premises the management allows persons, known as members, to resort for the consumption of food or alcoholic beverages and for entertainment. As a prerequisite for attaining membership, the management must screen the applicants for good moral character. No membership may be granted within 10 days of the application therefor. Each membership must be renewable annually upon payment of the annual dues of at least $10.00, but any such club located on the premises of a hotel as defined in K.S.A. 36-501 may establish rules whereby guests registered at the hotel, who are not residents of the county in which the club is located, may file application for temporary membership in the club, which membership, if granted, shall only be valid for the period of time that they are a bona fide registered guest at the hotel. The temporary membership shall not be subject to the waiting period or dues requirement contained in this section.

(f)      General Retailer - means a person who has a license to sell cereal malt beverages at retail.

(g)      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.

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

(i)      Restaurant - means a licensed food service establishment, as defined by K.S.A. 36-501 and amendments thereto, which derives not less than 50% of its gross receipts in each calendar year from the sale of food for consumption on the premises.

(j)      Sale at Retail and Retail Sales - means sales for use or consumption and not for resale in any form.

(k)     Tavern - means any business establishment deriving in any one month of the calendar year 50% or more of its gross revenues from the sale of cereal malt beverages.

(l)      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.

(m)    Private Club - means an organization licensed to which the club members shall be permitted to resort for the purpose of consuming alcoholic liquor.

(n)     Retailer's License - A retailer's license 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 off of and away from the premises specified in such license as provided in K.S.A. 41-308.

(Ord. 875, Sec. 1; Code 1985)

(a)      It shall be unlawful for any person to possess an open container of, 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 possess an open container of, or 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 including, but not limited to any parking lot of or for premises licensed to sell or dispense cereal malt beverage or alcoholic beverage, 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.

(d)     For purposes of this section, the term “public place” shall not include any city building or city property rented or leased to a private person, firm, or corporation wherein the rental or lease agreement specifically provides in writing that the sale or dispensing of cereal malt beverage and/or alcoholic beverages shall be permitted upon or within the rented or leased city building or city property by the renter or the lessee, provided however that such rental or lease agreement is approved and endorsed by the governing body and provided further that the renter or lessee complies with all applicable federal, state and city licensing laws for such premises.

(K.S.A. 41-719; Ord. 864, Sec. 1; Code 1985)

(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. 75-1212 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. 8-1599; Code 2005)

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 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 the minimum age established by state law for use in the sale, purchase or consumption of any cereal malt beverage.

(Code 1985)