Article I. In General

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accredited School- for the purpose of this chapter accredited school shall be determined by the Kansas State Department of Education. In the City of Ottawa, accredited schools are the following: All school buildings associated with U.S.D. 290 and Sacred Heart Elementary School.

Alcoholic liquor- means, as defined by the Kansas Liquor Control Act, alcohol, spirits, wine and 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.

Case retailer- means a licensee who has a license to sell only at retail cereal malt beverages in original and unbroken case lots or original and unbroken cartons of cans or bottles as originally packaged by the manufacturer but not for consumption on the premises.

Cereal malt beverage- means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt and/or substitute, but does not include any such liquor which is more than 3.2 percent alcohol by weight.

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.

Highways and parking lots- means and includes streets, alleys and public ways of the City, State and Federal highways within the Corporate Limits of the City, off-street parking facilities of businesses, churches and schools, private parking areas specifically designed for the parking of motor vehicles, public parks, public playgrounds, church playgrounds, school and church driveways, service stations, food and beverage drive-ins, drive-in laundries, and automobile, implement and machinery sales display lots.

Legal age for consumption of cereal malt beverage or alcoholic liquor- means 21 years of age.

Licensee- means a “person” as defined in this Code who has a license as required in this Chapter. “Licensee” shall mean the owner of a food service establishment that obtains a sidewalk dining license pursuant to the Ordinance No. 3281-98.

Minor- means any person who has not attained the age of 21 years of age.

Motor vehicles- means and includes every vehicle which is self-propelled.

Person- means any individual, firm, partnership, corporation or association.

Place of business- means any place at which cereal malt beverages or alcoholic liquor is sold.

Private club- means and includes every individual or organization currently licensed by the State Director of Alcoholic Beverage Control as a private club, and such term shall also include every place or premises named in such license.

Retailer- means any person who sells or offers for sale any cereal malt beverage for use or consumption and not for resale in any form.  The term includes a licensee who has a license to make retail sales.

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

Tavern- means a place of business which derives over fifty (50) percent of its gross income from the retail sale of cereal malt beverages which may legally be consumed on the premises.

Wholesaler or distributor- means individuals, firms, partnerships, corporations and associations which sell or offer for sale any beverage referred to in this Chapter to persons, partnerships, corporations and associations authorized by this Chapter to sell cereal malt beverages at retail, and shall also mean any person who shall engage in delivering such beverages to a retailer in the City.

(K.S.A. 41-102, 41-803 (b), 41-2601, 41-2701; see also 1-101; Code 2015)