The governing body hereby establishes the following common consumption area (“CCA”):
A. Downtown. The area beginning at the northwest corner of the intersection of Fifth and Walnut Streets and then proceeding east along the north side of Fifth Street to the northeast corner of the intersection of Fifth and Hickory Streets, thence north along the east side of Hickory Street to the southwest corner of the property at 301 S. Hickory Street, and thence east to the rear of said property, then north along the east line of said property and then west along the south side of Third Street to the southeast corner of the intersection of Third and Hickory Streets, thence north along the east side of Hickory Street to the southern base of the southern flood levee, thence west along the base of the flood levee to the east side of Main Street, thence North across the east side of the Main Street Bridge, to the northeast corner of the intersection of Main and Tecumseh Streets, thence west along the north side of Tecumseh Street to the western side of the Prairie Spirit Trail, thence south along the west side of the trail to base of the northern flood levee, then along the north line of the base of the levee in a meander to its intersection with Main Street, thence south along the west edge of the Main Street Bridge to the base of the southern flood levee, thence west in a meander along the south line of the base of the southern flood levee to the west side of Prairie Spirit Trail, thence south along the west side of the trail to the intersection with First Street, thence west to the west side of First Street, thence south along the west side of Walnut Street to the northwest corner of the intersection of Fifth and Walnut Streets, which is the place of beginning.
B. Public streets or roadways within a CCA may be blocked from motorized traffic during the hours in which alcoholic liquor or enhanced cereal malt beverage is consumed. Any such closure shall be noted in the CCA Permit issued by the city.
(Ord. 4131-24)
Subject to the conditions of a CCA permit issued by the City, the possession and consumption of alcoholic liquor or cereal malt beverage in each CCA shall be allowed only between the hours of 9:00 a.m. and 11:00 p.m.
(Ord. 4131-24)
Possession and consumption of alcoholic liquor or enhanced cereal malt beverage is authorized within the CCA provided that a common consumption permit has been issued to the City by the Director in accordance with K.S.A. 41-2659 and the City has granted a CCA permit to use the CCA. CCA permits are for possession and consumption of alcoholic liquor or cereal malt beverage only.
(Ord. 4131-24)
Sales of alcoholic liquor or cereal malt beverage for consumption within the CCA are prohibited, except during a CCA event permitted by the City.
A. The following may sell alcoholic liquor or cereal malt beverage within the CCA as part of a CCA permitted event.
1. Licensed Premises During CCA Event. Any licensee of a licensed premises located within or immediately adjacent to the CCA may request and receive permission from the Kansas Alcoholic and Beverage Control and the City Manager or designee to participate in the CCA. Proof of approval to participate in the CCA from the Director and City Manager or designee must be provided to the City Clerk to sell alcoholic liquors and cereal malt beverage for consumption in the CCA.
2. Noncontiguous Sales. In addition to their licensed premises, one or more licensees that have requested and received permission to participate in the CCA and received the appropriate state and local permits may offer for sale, sell and serve alcoholic liquor or cereal malt beverage for consumption from one noncontiguous service area within the CCA, as designated and approved by the City Manager or designee. The licensee shall prominently display a copy of its drinking establishment license and permit at its noncontiguous service area.
B. No sales of alcoholic liquor or cereal malt beverage may occur on non-licensed premises covered by the CCA permit unless the sales are conducted by: a caterer licensed in accordance with all City requirements for a catered event with approval from the City Manager or designee, a separate temporary or special event permit has been issued for that specific area, or a drinking establishment has been authorized in writing by the City Manager or designee to operate a noncontiguous service area in accordance with K.S.A. 41-2659(e)(2).
(Ord. 4131-24)
All alcoholic liquor or cereal malt beverage removed from a premise licensed by the Director and taken into the CCA area shall be served in a container that displays the licensee’s name, logo, or other identifying mark that is unique to the licensee. No alcoholic beverage removed from a licensed premises shall be in a glass container.
(Ord. 4131-24)
The possession of alcoholic liquor or cereal malt beverage purchased or obtained outside the boundaries of a CCA shall not be permitted inside the boundaries of a CCA.
(Ord. 4131-24)
No container of alcoholic liquor or enhanced cereal malt beverage purchased within a CCA pursuant to a CCA permit shall be removed from the boundaries of a CCA.
(Ord. 4131-24)
Inappropriate conduct shall not be permitted
within the boundaries of a CCA. Any person engaging in inappropriate conduct
may be subject to removal from the event. Inappropriate conduct includes, but
is not limited to: fighting, harassment, destruction of property, littering, or
committing any violation of City ordinances or state law.
(Ord. 4131-24)
All licensees approved by the Director to
participate in the CCA shall at all times comply with all City ordinances,
state, and federal laws regulating the purchase, sale, and consumption of
alcoholic liquor and enhanced cereal malt beverage.
(Ord. 4131-24)
The Governing Body hereby authorizes the City
Manager or designee to take all reasonably necessary actions, including but not
limited to the execution of all documents and instruments to obtain a permit from
the ABC for the CCA on behalf of the City, and issue any rules and regulations
to implement the provisions of this chapter.
(Ord. 4131-24)
The application for a local CCA permit shall
be made on the same form and follow the same processes as a City Temporary
Event Permit as set forth in Section 4-701, 4-702, and 4-703 of the City of
Ottawa Municipal Code.
(Ord. 4131-24)
If the local CCA permit holder has violated any of the provisions of this article the City Manager or designee, may revoke such local CCA permit, and the individual holding the permit may be charged in Municipal Court with a violation of the alcoholic liquor laws of the City and upon convictions shall be punished by:
A. A fine of not more than $500.00; or
B. Imprisonment in jail for note more than 180 days; or
C. Both fine and imprisonment as set forth in subsections (a) and (b) of this section.
(Ord 4131-24)