[Added 11-2-1987 by Ord. No. 5460]
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
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]
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.
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.
A Class A or Class B club.
Premises which may be open to the general public where alcoholic
liquor by the individual drink is sold.
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.
A.
No alcoholic liquor shall be sold or served by a person
holding a license or permit from the City whose place of business
or other premises are located within 800 feet of any school grounds
upon which there is a public or parochial school, said distance to
be measured from the nearest property line of such school to the nearest
portion of the building occupied by the premises.
B.
The distance location of Subsection A above shall not apply to a club, drinking establishment, caterer or temporary permit holder when the license or permit applicant petitions for and receives a waiver of the distance limitation from the governing body. The governing body shall grant such a waiver only following public notice and hearing and a finding by the governing body that the proximity of the establishment is not adverse to the public welfare or safety.
C.
No license or permit shall be issued for the sale
of alcoholic liquor if the building or use does not meet the Zoning
Ordinance requirements of the City or conflicts with other City laws,
including building and health codes.
A.
It shall be unlawful for any person under the age
of 21 years to remain on any premises where the sale of alcoholic
liquor is licensed for on-premises consumption or where a caterer
or temporary permit holder is serving alcoholic liquor.
B.
It shall be unlawful for the operator, person in charge
or licensee of any premises licensed for on-premises consumption of
alcoholic liquor or a caterer or temporary permit holder who is serving
alcoholic liquor to permit any person under the age of 21 years to
remain on the premises.
C.
This section shall not apply if the person under the
age of 21 years is accompanied by his or her parent or guardian or
if the licensed or permitted premises derives not more than 50% of
its gross receipts in each calendar year from the sale of alcoholic
liquor for on-premises consumption.
D.
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]
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:
