[Added 12-2-2019 by Ord. No. 6453]
The governing body hereby establishes a Common Consumption Area (hereinafter referred to as "CCA") during special events and civic events, excluding any and all areas which are currently or otherwise become subject to a license issued pursuant to the Kansas Liquor Control Act or the Club and Drinking Establishment Act.[1] The Common Consumption Area is defined as 17th Street on the east, Broadway Avenue on the south, Central Avenue on the west and Washington Avenue on the north. Properties which are located on each side of the street of the above boundary streets are included in the Downtown Overlay District for purposes of this article.
[1]
Editor's Note: See K.S.A. § 41-101 et seq. and K.S.A. § 41-2601 et seq.
During a special event or civic event which requires a special permit from the City, the boundaries of the event shall be clearly marked using a physical barrier or other apparent line of demarcation. Any public street or roadway that lies within the CCA designated for the special event or civic event shall be blocked from motorized traffic during the hours in which alcoholic liquor is consumed. The possession and consumption of alcoholic liquor within the CCA during a special event or civic event will only be allowed between the hours of 12:00 noon and 12:00 midnight, Sunday through Saturday.
The governing body hereby authorizes the possession and consumption of alcoholic liquor in the CCA during a special event or civic event with clearly demarcated boundaries provided that a Common Consumption Area permit ("permit") has been issued to the City by the State of Kansas, Director of the Division of Alcoholic Beverage Control ("Director"), in accordance with K.S.A. § 41-2659 and amendments thereto.
All alcoholic liquor removed from a licensed premises, with a valid CCA permit and authorized to participate in the special event, shall be served in a container that displays the licensee's trade name or 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 or any container that otherwise represents a potential danger to the public as determined by law enforcement officials.
The possession or consumption of alcoholic liquor purchased outside the boundaries of the CCA shall not be permitted inside the boundaries of the special event or civic event and CCA.
No open container of alcoholic liquor purchased within the CCA shall be removed from the boundaries of the CCA and special event or civic event.
Inappropriate conduct shall not be permitted within the boundaries of the CCA and special event or civic event in the Downtown Overlay District, and any person engaging in inappropriate conduct shall be subject to removal from the event. Inappropriate conduct may include, but is not limited to, fighting, use of profanity or indecent language, harassment, destruction of property, lewd or lascivious acts, or committing any violation of state or federal law or City ordinance.
All licensees approved by the Director to participate in the CCA shall at all times comply with any and all federal and state laws and City ordinances regulating the purchase, sale and consumption of alcoholic liquor.
The governing body hereby authorizes the City Manager or his or her designee to take all necessary actions, including, but not limited to, the execution of all the documents or instruments required to obtain a CCA permit for the CCA on behalf of the City.