[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.[1]
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.
[1]
Editor's Note: See K.S.A. 41-2701 et seq.