CHAPTER III. BEVERAGESCHAPTER III. BEVERAGES\ARTICLE 2. ALCOHOLIC LIQUOR

Alcoholic beverage or alcoholic liquor as used in this article includes the 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 of alcohol by weight.

(K.S.A. 41-102; Code 1983)

(a)   It shall be unlawful for any person to keep for sale, offer for sale, or expose for sale or sell any alcoholic liquor as defined by the “Kansas liquor control act” without first having procured a license so to do as required by said act to sell the same. Any person violating the provisions of this section shall upon conviction be punished by a fine of not to exceed $100 or by imprisonment not to exceed three months, or by both such fine and imprisonment.

(b)   The holder of a license for the retail sale in the city of alcoholic liquors by the package issued by the state director of alcoholic beverage control shall present such license to the city clerk when applying to pay the occupation tax levied and the tax shall be received and a receipt shall be issued for the period covered by the state license.

(Code 1983)

No person shall sell at retail any alcoholic liquor:

(a)   On Sunday before 12 noon or after 8 p.m.;

(b)   On Easter Sunday, Thanksgiving Day or Christmas Day; or

(c)   Before 9:00 a.m. or after 11:00 p.m. on any day when the sale thereof is permitted.

(K.S.A. 41-712; Code 1973, 3-303; Code 1983, 3-203; Ord. 1646; K.S.A. 41-2911; Ord. 1880; Code 2017)

It shall be unlawful for a retailer of alcoholic liquor to:

(a)   Permit any person to mix drinks in or on the licensed premises;

(b)   Employ any person under the age of 21 years in connection with the operation of the retail establishment;

(c)   Employ any person in connection with the operation of the retail establishment who has been adjudged guilty of a felony;

(d)   Furnish any entertainment in his or her premises or permit any pinball machine or game of skill or chance to be located in or on the premises;

(e)   Have in his or her possession for sale at retail any bottles, cask, or other containers containing alcoholic liquor, except in the original package, or

(f)   Sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person under 21 years of age.

(Code 1983)

(a)   It shall be unlawful for any person under the age of 21 to represent that he or she is of age for the purpose of purchasing or attempting to purchase any alcoholic liquor, or attempt to purchase or purchase alcoholic liquor from any person.

(b)   No person shall knowingly sell, give away, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person who is an incapacitated person, or any person who is physically or mentally incapacitated by the consumption of such liquor.

(c)   Any person convicted of violating this section shall be punished by a fine of not more than $200 or by imprisonment for not to exceed 30 days, or both.

(K.S.A. 41-715; Code 1983)

It shall be unlawful for any person to furnish, loan or give to a minor any identification card. driver’s license or other written instrument to be used or which might be used by such minor in misrepresenting his or her age for the purpose of asking for, purchasing, receiving or drinking alcoholic liquor within the corporate limits of the city.

(Code 1973, 3-315)

(a)   Except as provided in subsection (b) it shall be unlawful for any persons to drink or consume alcoholic liquor upon any public street or highway or thoroughfare; in beer parlors, taverns, pool halls, or places to which the general public has access, whether or not an admission or other fee is charged or collected; upon property owned by the state or any governmental subdivision thereof; or inside vehicles while upon a street, highway or other public thoroughfare.

(b)   The provisions of subsection (a) shall not apply to the consumption of alcoholic liquor:

(1)   Upon real property leased by a city 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.

(2)   Upon property owned or operated by an airport authority created pursuant to chapter 27 of the Kansas Statutes Annotated.

(3)   Upon Lots One (1) and Twenty (20), except a strip town and four-tenths (2.4) feet wide off the South side of Lot Twenty (20), all in Block Sixty-Nine (69), Original Town site of Russell, Kansas, according to the recorded plat thereof (Deines Cultural Center).

(4)   The Russell Municipal Golf Course.

(5)   Except for the consumption of alcoholic liquor inside vehicles, subsection (a) shall not apply to such possession and consumption on public streets, alleys, roads, sidewalks or highways provided the governing body has approved a special event pursuant to K.S.A. 41-719 and 41-2645 and amendment thereto.

(K.S.A. 41-719; Code 1983; Ord. 1534; Ord. 1628; Ord. 1869; Code 2017)

(K.S.A. 41-804; Code 1983; Code 2017)

(Code 1983; Code 2017)

No person shall operate any business for the sale of alcoholic liquor if the structure in which the business is located is within 200 feet from the nearest property line of any existing hospital, school, church or library.

(K.S.A. 41-710; Code 1983)

Upon the receipt of a valid Kansas retailer’s license for alcoholic liquors, an application in correct form, and the correct amount of occupation tax, the city clerk shall issue a receipt of occupation tax to the applicant for the year commencing on the date the Kansas Liquor Retailer’s license is issued by the State Director of Alcoholic Beverage Control and shall end one year thereafter.

(Code 1983)

Any Licensee holding a License for any of the purposes hereinafter mentioned issued by the State Director of Alcoholic Beverages Control shall pay a biennial occupation tax to the city as follows:

(a)   Alcoholic liquor distributor for the first and each additional distributing place of business operated in the city by the same licensee and wholesaling and jobbing alcoholic liquors, except beer - $600;

(b)   Beer distributor for the first and each additional wholesale distributing place of business operated in the city by the same licensee and wholesaling or jobbing beer, containing more than 3.2% of alcohol by weight only - $600;

(c)   Retailers of alcoholic Liquors (including beer containing more than 3.2% of alcohol by weight), for consumption off the premises (sales in the original packages only) - $600;

All such taxes shall be paid before business is begun under an original state license and thereafter within 10 days after the renewal of any state license.

(Code 1973, 3-201; Code 2017)

All occupation taxes provided for in section 3-212 of this article shall be paid to the city clerk. At the time of the payment of such tax the licensee shall exhibit his or her license issued by the State Director of Alcoholic Beverage Control and the city clerk shall thereupon issue a receipt for the occupation tax so paid for the same period of time as that covered by the state license held by such licensee.

(Code 1973, 3-202)

Every licensee holding a license for any of the purposes mentioned in section 3-212 of this article shall cause the city occupation tax receipt hereinbefore provided for to be placed in a conspicuous place on the licensed premises next to or near the state license held by such licensee.

(Code 1973, 3-203)