As used in this article, the following terms
shall have the meanings indicated:
ALCOHOLIC LIQUOR
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.
CATERER
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.
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 6.0%
alcohol by weight.
[Amended 7-20-2009 by Ord. No. 6189; 3-18-2019 by Ord. No. 6428]
CLASS A CLUB
A premises which is owned by 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") or their families and guests
accompanying them.
CLASS B CLUB
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.
CLUB
A Class A or Class B club.
DRINKING ESTABLISHMENT
Premises which may be open to the general public where alcoholic
liquor by the individual drink is sold.
TEMPORARY PERMIT
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.
No person shall drink or consume any alcoholic
liquor on City-owned public property. However, this prohibition shall
not apply to:
A. Real property leased by the City to others under the
provisions of K.S.A. §§ 12-1740 to 12-1749, inclusive
and amendments thereto, if such real property is actually being used
for hotel or motel purposes or purposes incidental thereto.
B. In any state-owned or -operated building or structure,
and upon the surrounding premises, which is furnished to and occupied
by any state officer or employee as a residence.
C. In a club which is licensed by the Director and which
is located upon property owned or operated by an airport authority
created pursuant to Chapter 27 of the Kansas Statutes Annotated.
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 note 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 Subsection
A and
B above.