[Amended 5-15-2019 by Ord. No. 230]
As used in this chapter, the words and phrases herein defined
shall have the following meanings, unless the context otherwise requires:
ALCOHOL
The product of distillation of any fermented liquid, whether
rectified or diluted, whatever may be the origin thereof, and includes
synthetic ethyl alcohol, but does not include denatured alcohol or
wood alcohol.
ALCOHOLIC LIQUOR
The varieties of liquor as defined in K.S.A. 41-102, as amended,
including 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 does not include
any cereal malt beverage.
BEER
A beverage, containing more than 3.2% alcohol by weight,
obtained by alcoholic fermentation of an infusion or concoction of
barley, or other grain, malt and hops in water, and includes beer,
ale, stout, lager beer, porter and similar beverages having such alcoholic
content.
CEREAL MALT BEVERAGE
Any fermented but undistilled liquor brewed or made from
malt or from a mixture of malt or malt substitute or any flavored
malt beverage, as defined in K.S.A. 41-2729, and amendments thereto,
but does not include any such liquor which is more than 3.2% alcohol
by weight.
ENHANCED CEREAL MALT BEVERAGE
Cereal malt beverage as that term is defined in K.S.A. 41-2701;
and effective April 1, 2019, such term shall include beer containing
not more than 6% alcohol by volume when such beer is sold by a retailer
licensed under the Kansas Cereal Malt Beverage Act.
ORIGINAL PACKAGE
Any bottle, flask, jug, can, cask, barrel, keg, hogshead
or other receptacle or container whatsoever, used, corked or capped,
sealed and labeled by the manufacturer of alcoholic liquor, to contain
and to convey any alcoholic liquor.
PERSON
Any natural person, corporation, partnership, trust or association.
RETAILER
A person who sells, or offers for sale at retail, alcoholic
liquors.
SALE
Any transfer, exchange or barter in any matter or by any
means whatsoever for a consideration, and includes and means all sales
made by any person, whether principal, proprietor, agent, servant
or employee.
SELL AT RETAIL and SALE AT RETAIL
Refer to and mean sales for use or consumption and not for
resale in any form and sales to clubs, licensed drinking establishments,
licensed caterers or holders of temporary permits.
SPIRITS
Any beverage which contains alcohol obtained by distillation,
mixed with water or other substance in solution, and includes brandy,
rum, whiskey, gin, or other spirituous liquors, and such liquors when
rectified, blended or otherwise mixed with alcohol or other substances.
TO SELL
Includes to solicit or receive an order for, to keep or expose
for sale and to keep with intent to sell.
WINE
Any alcoholic beverage obtained by the normal alcoholic fermentation
of the juice of sound, ripe grapes, fruits or berries, or other agricultural
products, including such beverages containing added alcohol or spirits,
as above defined, or containing sugar added for the purpose of correcting
natural deficiencies. The term "wine" shall also include hard cider
and any other product that is commonly known as a subset for wine.