CHAPTER 4. ALCOHOLIC BEVERAGESCHAPTER 4. ALCOHOLIC BEVERAGES\Article VII. Temporary Permits

It shall be unlawful for any person granted a temporary permit by the State of Kansas to sell or serve any alcoholic liquor within the city without first obtaining a local temporary permit from the city clerk.

(Ord. 3922-16)

There is hereby levied a local temporary permit fee in the amount of $25.00 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.

(Ord. 3922-16)

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 14  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;

6.    any other information required by the City Manager.

B.    Upon presentation of a state temporary permit, payment of the city's local temporary permit fee and a written application as provided for in subsection (a), the City Manager may approve and the City Clerk may issue a local temporary permit to the applicant if:

1.    There are no conflicts with any zoning or other ordinances of the city; and

2.    The applicant has provided the City Manager or designee all information necessary to ensure that the applicant will comply with all local and state alcoholic beverage laws during the permitted period; and

3.    The applicant has agreed to abide by all special conditions and restrictions established by the City Manager or the City Manager’s designee; and

4.    The event remains consistent with prevailing community standards.

C.    The city clerk shall notify the chief of police whenever a local temporary permit has been issued and forward a copy of the permit and application to the chief of police.

(Ord. 3922-16)

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

B.    No local temporary permit holder shall allow the serving, mixing or consumption of alcoholic liquor between the hours of 2:00 a.m. and 9:00 a.m. at any event for which a local temporary permit has been issued.

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

D.    Permit holders shall be present at all times during the event or designate another person to be responsible for the conduct of the event if the permit holder is absent. If the permit holder is an organization, the organization must designate a person to act as their agent to be responsible for the conduct of the event.

E.    Permit holders must admit any law enforcement officer to the premises covered by the temporary permit.

F.    If the permit area includes a city street, alley, road, sidewalk, or highway then the street, alley, road, sidewalk, or highway shall be closed to motor vehicle traffic.

G.    The boundary of any premises covered by a temporary permit must be marked by a three-dimensional obstacle.

H.    A permit holder may not allow a customer to bring into the permitted premises bottles of their own alcoholic liquor to be consumed by the customer and the customer’s invited guests without the prior approval of the Governing Body.

I.     The local temporary permit shall be issued for no longer than three days, unless otherwise approved by the Governing Body.

J.     A local temporary permit shall not be assigned or transferred to any third party.

K.    No more than four temporary permits may be issued to any one applicant in a calendar year.

L.    The City Manager or the City Manager’s designee shall have the authority to impose such other special conditions and restrictions as he or she shall determine are appropriate for the event.

M.   Except as specifically set forth in the Municipal Code, all local ordinances and state statutes for the sale and consumption of alcoholic beverages apply to holders of local temporary permits.

(Ord. 3922-16)

If the permit holder has violated any of the provisions of this article, the Governing Body or its designee, the City Manager, may revoke such local temporary 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. 3922-16)

The provisions of Section 4-203 of the Municipal Code of the City of Ottawa shall not apply to any person lawfully in possession of alcoholic liquor or cereal malt beverage in the specific location and during the specific hours permitted by a valid Local Temporary Permit or Special Event Permit granted by the City of Ottawa.

(Ord. 3922-16)