CHAPTER III. BEVERAGESCHAPTER III. BEVERAGES\ARTICLE 1. GENERAL PROVISIONS

(a)   Alcoholic Liquor means alcohol, spirits, wine, 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.

(b)   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.

(c)   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.

(d)   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 or associates (hereinafter referred to as members), and their families and guests accompanying them.

(e)   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.

(f)   Club means a Class A or Class B club.

(g)   Drinking Establishment means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.

(h)   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 for consumption on unlicensed premises, open to the public.

(K.S.A. 41-2701; Code 1973, 3-101; Ord. 1223, Sec. 1; Ord. 1472, Sec. 1; Code 1986; Ord. 1494, Sec. 1)

(a)   No alcoholic liquor shall be sold or served by a person holding a license or permit from the city whose place of business or other premises are located within 200 feet of any church, school, nursing home, library or hospital.

(b)   The distance location of subsection (a) above shall not apply to a club, drinking establishment, caterer or temporary permit holder when the license or permit applicant petitions for and receives 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 if the building or use does not meet the zoning ordinance requirements of the city or conflicts with other city laws, including building and health codes.

(Ord. 1401, Sec. 1; Code 1986, 3-110; Ord. 1494, Sec. 2)

(a)   It shall be unlawful for any person under the age of 21 years to remain on any premises where the sale of alcoholic liquor is licensed for on-premises consumption, or where a caterer or temporary permit holder is serving alcoholic liquor.

(b)   It shall be unlawful for the operator, person in charge or licensee of any premises licensed for on-premises consumption of alcoholic liquor or a caterer or temporary permit holder who is serving alcoholic liquor to permit any person under the age of 21 years to remain on the premises.

(c)   This section shall not apply if the person under the age of 21 years is accompanied by his or her parent or guardian, or if the licensed or permitted premises derives not more than 50 percent of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption.

(Ord. 1494, Sec. 3)

No person shall drink or consume any alcoholic liquor on city owned public property.

(Ord. 1494, Sec. 4)

If the licensee or permit holder has violated any of the provisions of this article, 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 $499; or,

(b)   imprisonment in jail for not more than 179 days; or,

(c)   both such fine and imprisonment not to exceed (a) and (b) above.

(Ord. 1494, Sec. 5)

(a)   It shall be unlawful for any person to engage in any of the following acts in or on the property of a licensed cereal malt beverage establishment, a licensed drinking establishment, or a licensed Class A or B club within the City:

(1)   To engage in a fight;

(2)   To throw any substance or object with the intent to injure any person or damage any property;

(3)   To attempt to or to provoke or incite a fight or other disorderly conduct by sign, gesture, sound, word or any other means;

(4)   To carry any type of weapon or to use any object as a weapon;

(5)   To refuse or fail to leave such licensed cereal malt beverage establishment, licensed drinking establishment, or Class A or B club, to include any parking area or property adjacent to the physical building thereof, when directed to do so by the owner, manager or proper employee of such business, or by a police officer who has deemed the person’s continued presence to be a threat to the peace, order or safety of any person.

(b)   Any person or persons who shall violate any of the provisions of this section shall, upon conviction thereof, be subject to the following penalty:

(1)   If no injury is sustained to any person and no damage to any property occurs, a person convicted of the same shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) and/or may be imprisoned for a period of up to ninety (90) days.

(2)   If any property sustains damage, to include the need to clean, repair or replace any item, a person convicted of the same shall be fined not less than One Hundred Fifty Dollars ($150.00) nor more than Five Hundred Dollars ($500.00) and in addition thereto shall be imprisoned not less than five (5) days nor more than ninety (90) days.

(3)   If any person sustains physical injury, however slight, a person convicted of the same shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) and in addition thereto shall be imprisoned not less than ten (10) days nor more than ninety (90) days.

(4)   Any person who is convicted two (2) offenses under any of the provisions of this section within a one-year period shall be sentenced in accordance with the provisions of subsection (b)(3) hereof.

(Ord. 1537, Sec. 1)