CHAPTER 4. ALCOHOLIC BEVERAGESCHAPTER 4. ALCOHOLIC BEVERAGES\Article V. Alcoholic Liquor-By-The-Drink

Alcoholic liquor- means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.

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.

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.

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 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 referred to as members, and their families and guests accompanying them.

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.

Club- means a Class A or Class B Club.

Drinking establishment- means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold, to be consumed on the premises.

Food service establishment - shall mean a business which possesses a valid Kansas Food Service Establishment License pursuant to K.S. A. 36-502 et seq.  And whose owner(s) seeks to use a portion of the City owned sidewalk for dining purposes.

Licensee - shall mean the owner of a food service establishment that obtains a sidewalk dining license pursuant to this Ordinance.

Sidewalk- shall mean City owned right-of-way or easement that adjoins the property line of the food service establishment.

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 of [for] consumption on unlicensed premises, open to the public.

(Code 2015)

There is hereby levied a biennial occupation tax of $500.00 on any person holding a license issued by the State Director of Alcoholic Beverage Control for the retail sale within the City of alcoholic liquors for consumption on the premises. Such tax shall be paid by the retailer to the City Clerk before business is begun under an original state license and shall be paid within five days after any renewal of a state license.

(Code 2015)

A.    No alcoholic liquor license shall be issued by the City to a bar, tavern, or drinking establishment that is located within 200 feet of an accredited school building or organized church building.

1.    This distance restriction shall not apply to restaurants, as that term is defined in K.S.A. 41-2601.

2.    The distance restriction contained in this code section shall not apply if the accredited school or organized church is established after the premises have been licensed.  In such cases the premises shall be eligible for re-issuance of future licenses.

3.    In situations where, as of enactment of this ordinance, there are existing violations of the distance restriction contained in this section, such violation shall not constitute a reason to not re-issue a license.

4.    Distances measured under this section shall be measured from property line of the protected property to the nearest portion of the building occupied by the license holder.

B.    The distance restriction of subsection (A) above shall not apply to a bar, tavern, club, drinking establishment, caterer or temporary permit holder when the license or permit applicant petitions for and receives a waiver of the distance restriction from the Governing Body.  The Governing Body shall grant such a waiver only following public notice and hearing and a finding by the Governing Body that the proximity of the establishment is not adverse to the public welfare or safety.

C.    No license or permit shall be issued for the sale of alcoholic liquor until the building or use to be covered by such license or permit is in compliance with: the zoning ordinance of the city; the most recently adopted building and health codes of the city; the most recently adopted Fire and Life Safety Code of the city; and all other applicable city laws.

(Code 2015; Ord. 3963-17)

No person shall drink or consume any alcoholic liquor or cereal malt beverage on City owned public property. However, this prohibition shall not apply to:

A.    The following city owned facilities when the person who wishes to sell or provide alcoholic liquor has first obtained a permit from the City Clerk:

1.    the inside of the Municipal Auditorium, located at 3rd and Hickory;

2.    the inside of the Carnegie Cultural Center, located at 5th and Main;

3.    the municipal airport facility (building facility only, not t-hangars);

B.    Public sidewalks when licensed and compliant with Chapter 11, Section 11-1106;

C.    Any specific location for which a local temporary permit or special event retailer’s permit has been issued pursuant to Chapter 4, Article VII, Section 4-701 through 4-706 and Chapter 4, Article VIII, Section 4-801 through 4-805 of the Municipal Code during such specific time period as set forth in the permit.

(Code 2015; Ord. 3922-16)

If any person, association, firm, or organization is required under State Law to obtain a temporary permit by the State of Kansas to sell or serve any alcoholic liquor, such person, association, firm, or organization shall also obtain a local temporary permit from the City Clerk before selling or serving any alcoholic liquor within the City.

(Code 2015)

A.    There is hereby levied a temporary permit fee in the amount of $20.00 per day on each group or individual holding a temporary permit issued by the State Director of Alcoholic Beverage Control authorizing sales within the City, which fee shall be paid before the event is begun under the state permit.

B.    Every temporary permit holder shall cause the temporary permit receipt to be placed in plain view on any premises within the City where the holder of the temporary permit is serving or mixing alcoholic liquor for consumption on the premises.

(Code 2015)

A.    It shall be unlawful for any person to conduct an event under a state issued temporary permit without first applying for a local temporary permit at least 5 working days before the event.  Written application for the local temporary permit shall be made to the City Clerk and shall clearly state:

1.    The name of the applicant.

2.    The group for which the event is planned.

3.    The location of the event.

4.    The date and time of the event.

5.    Any anticipated need for police, fire or other municipal services.

B.    Upon presentation of a state temporary permit, payment of the City’s temporary permit fee and a written application as provided for in Subsection (a), the City Clerk shall issue a local temporary permit to the applicant if there are no conflicts with any zoning or other ordinances of the City.

C.    The City Clerk shall notify the Chief of Police whenever a temporary permit has been issued and forward a copy of the permit and application to the Chief of Police.

(Code 2015)

A.    No temporary permit holder shall allow the serving, mixing or consumption of alcoholic liquor between the hours of 1:30 a.m. and 9:00 a.m. on any day other than Sunday, nor between the hours of 1:30 a.m. and 12:00 noon on Sunday, at any event for which a temporary permit has been issued.

B.    No alcoholic beverages shall be given, sold or traded to any person under 21 years of age.

(Code 2015)

It shall be unlawful for any person granted a drinking establishment license by the State of Kansas to sell or serve any alcoholic liquor authorized by such license within the City without first obtaining a City License from the City Clerk.

(Code 2015)

A.    There is hereby levied an annual license fee in the amount of $250.00 on each drinking establishment located in the City which has a drinking establishment license issued by the State Director of Alcoholic Beverage Control, which fee shall be paid and license displayed before business is begun under an original state license and within five (5) days after any renewal of a state license.

B.    All applications for new or renewal City Licenses shall be submitted to the City Clerk.  Upon presentation of a state license, payment of the city license fee and the license application, the City Clerk shall issue a City License if there are no conflicts with any zoning or alcoholic beverage ordinances of the City.

C.    The license period shall extend for the period covered by the state license.  No license fee shall be refunded for any reason.

D.    The City Drinking Establishment License shall be placed in plain view next to or below the state license in a conspicuous place on the licensed premises.

(Code 2015)

A.    No drinking establishment licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor on its premises between the hours of 1:30 a.m. and 9:00 a.m. on any day other than Sunday, nor between the hours of 1:30 a.m. and 12:00 noon on Sunday.

B.    Cereal malt beverages may be sold on premises licensed for the retail sale of cereal malt beverage for on-premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises.

C.    No alcoholic beverages or cereal malt beverages shall be given, sold or traded to any person under 21 years of age.

(Code 2015)

If the licensee or permit holder has violated any of the provisions of this ordinance, the Governing Body of the City, upon five days’ written notice to a person holding a license or permit to sell alcoholic liquor, may permanently revoke or cause to be suspended for a period of not more than 30 days such license or permit and the individual holding the license or permit may be charged in Municipal Court with a violation of the Alcoholic Liquor Laws of the City and upon conviction shall be punished by:

A.    A fine of not more than $1000.

B.    Imprisonment in jail for not more than 179 days.

C.    Both such fine and imprisonment not to exceed (A) and (B) above.

(Code 2015)