Any person who keeps for sale, offers for sale
or exposes for sale any alcoholic liquor, as defined by the laws of
the state, without first having procured a license to sell the same
as provided by such laws, shall be guilty of a misdemeanor and shall,
upon conviction for a first offense, be fined a sum not exceeding
$500 and for second and subsequent offenses shall be fined a sum not
exceeding $1,000 or be confined in jail for a period not more than
six months, or be both so fined and confined. Each day any person
engages in business without a license is in violation of the provisions
of this section and shall constitute a separate offense.
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State law references — Kansas Liquor Control
Act, K.S.A. § 41-101 et seq. Authority of City to enact
ordinances regulating alcoholic liquor which do not conflict with
state law, K.S.A. § 41-208. State licensing provisions,
K.S.A. § 41-301 et seq. Penalty under state law, K.S.A.
§ 41-901.
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A.
There is hereby imposed upon all holders of licenses
for the sale of liquor under the provisions of the Kansas Liquor Control
Act an occupation tax in the following amounts:
(1)
For a license to manufacture alcohol and spirits:
$2,500.
(2)
For a license to manufacture beer (regardless of alcoholic
content). As used in this subsection, "daily capacity" means the average
daily barrel production for the previous 12 months of manufacturing
operation. If no such basis for comparison exists, the manufacturing
licensee shall pay in advance for the first year's operation a fee
of $1,000.
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Daily Capacity
(barrels)
|
Tax
| |
|---|---|---|
|
1 to 100
|
$200
| |
|
100 to 150
|
$400
| |
|
150 to 200
|
$700
| |
|
200 to 300
|
$1,000
| |
|
300 to 400
|
$1,300
| |
|
400 to 500
|
$1,400
| |
|
500 or more
|
$1,600
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(3)
For a wine manufacturer's license: $500.
(5)
For a distributor's license for the first and each
additional distributing place of business operated in this City by
the same licensee and wholesaling and jobbing alcoholic liquors, except
beer: $600.
(6)
For a beer distributor's license for the first and
each additional wholesale distributing place of business operated
in this City by the same licensee and wholesaling or jobbing beer:
$150.
(7)
For a retailer's license: $300.
B.
Upon the exhibition to the City Clerk of a certified copy of the applicant's license from the State Director of Alcoholic Beverage Control and the payment of the fees set forth in Subsection A, the City Clerk shall issue to the license holder a receipt showing that the occupation tax has been paid and that the payment shall be the payment in full for the term of the license as shown by the certified copy of the license as presented to the City Clerk. The receipt shall show the expiration date of the license and shall recite that the occupation tax or license fee levied by the City has been paid.
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State law reference — Local occupation
or license tax authorized, K.S.A. § 41-310.
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No retailer shall sell any alcoholic liquor
on premises, nor shall any activity for which a farm winery license
is required be conducted on premises, which:
A.
Are located within 200 feet of any public or parochial
school or college or church, except that if any such school, college
or church shall be established within 200 feet of any licensed premises
after such premises have been licensed then such premises shall be
an eligible location for a license; and
B.
Do not conform to the building or zoning ordinances
of the City.
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State law reference — Similar provisions,
K.S.A. § 41-710.
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[Amended 9-17-2007 by Ord. No. 6131;3-18-2019 by Ord. No. 6428]
No person shall sell at retail any alcoholic liquor:
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 such retail establishment; or
C.
Employ any person in connection with the operation
of such retail establishment who has been adjudged guilty of a felony.[1]
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State law reference — Similar provisions,
K.S.A. § 41-713.
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[1]
Editor's Note: Original § 3-21,
Transactions involving minors or incompetents, which immediately followed
this section, was repealed 11-15-1999 by Ord. No. 5872. Original § 3-22,
Transportation in open containers, was repealed 9-17-2007 by Ord.
No. 6131.
[Amended 2-26-1990 by Ord. No. 5518]
A.
Except as provided in Subsection C, no person shall drink, consume or have in his/her possession an open container of alcoholic beverage upon the public streets, alleys, roads or highways; 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; or upon property owned by the state or any governmental subdivision thereof, except that open containers located in motor vehicles shall be governed by the Standard Traffic Ordinance as in effect and adopted by the City of Parsons.[1]
[Amended 9-17-2007 by Ord. No. 6131]
B.
No person shall drink or consume alcoholic liquor
on private property except:
(2)
Upon private property by a person occupying such property
as an owner or lessee of an owner and by the guests of such person,
if no charge is made for the serving or mixing of any drink or drinks
of alcoholic liquor or for any substance mixed with any alcoholic
liquor and if no sale of alcoholic liquor in violation of K.S.A. § 41-803
and amendments thereto takes place;
(3)
In a lodging room of any hotel, motel or boardinghouse
by the person occupying such room and by the guests of such person,
if no charge is made for the serving or mixing of any drink or drinks
of alcoholic liquor or for any substance mixed with any alcoholic
liquor and if no sale of alcoholic liquor in violation of K.S.A. § 41-803
and amendments thereto takes place;
(4)
In a private dining room of a hotel, motel or restaurant,
if the dining room is rented or made available on a special occasion
to an individual or organization for a private party and if no sale
of alcoholic liquor in violation of K.S.A. § 41-803 and
amendments thereto takes place; or
(5)
On the premises of a microbrewery or farm winery,
if authorized by K.S.A. § 41-308a or 41-308b and amendments
thereto.
C.
No person shall drink or consume alcoholic liquor
on public property except:
(1)
On real property leased by the City to others under
the provisions of K.S.A. §§ 12-1740 through 12-1749
and amendments thereto, if such real property is actually being used
for hotel or motel purposes or purposes incidental thereto.
(2)
In any state-owned or -operated building or structure,
and on the surrounding premises, which is furnished to and occupied
by any state officer or employee as a residence.
(3)
On premises licensed as a club or drinking establishment
and located on property owned or operated by an airport authority
created pursuant to Chapter 27 of the Kansas Statutes Annotated.
(4)
The Carnegie Arts Center and Arboretum, except that only wine and
cereal malt beverages may be served subject to compliance with the
Carnegie Arts Center Alcohol Service Policy and Arboretum Alcohol
Service Policy as approved by the governing body.
[Added 10-7-2013 by Ord.
No. 6296]
D.
Any violation of this section shall be a misdemeanor
punishable by a fine of not less than $50 nor more than $200 or by
imprisonment for not more than six months, or both.
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State law reference — Similar provisions,
K.S.A. § 41-719.
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A.
It shall be unlawful for any person to own, maintain,
operate or conduct, either directly or indirectly, an open saloon.
B.
As used in this section, "open saloon" means any place,
public or private, where alcoholic liquor is sold or offered or kept
for sale by the drink or in any quantity of less than 100 milliliters
(3.4 fluid ounces) or sold or offered or kept for sale for consumption
on the premises where sold, but does not include any premises where
the sale of liquor is authorized by the Club and Drinking Establishment
Act[1] or, on and after January 1, 1988, any microbrewery or
farm winery, if authorized by K.S.A. § 41-308a or 41-308b
and amendments thereto.
[Amended 9-17-2007 by Ord. No. 6131; 7-20-2009 by Ord. No. 6189]
[1]
Editor's Note: See K.S.A. § 41-2601
et seq.
C.
Any violation of the provisions of this section is
a misdemeanor punishable by a fine of not more than $500 and by imprisonment
for not more than 90 days.
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State law reference — Similar provisions,
K.S.A. 41-803.
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Unless another penalty is specifically provided
in this article, any person who shall violate any provision of this
article shall, upon conviction thereof, be punished by a fine of not
to exceed $500 or by imprisonment for not to exceed 30 days, or by
both such fine and imprisonment.
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State law reference — Penalty for violation
of state liquor laws, K.S.A. § 41-901.
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