Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.
(a) Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted, whatever the origin thereof, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol.
(b) Alcoholic liquor means 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.
(c) Caterer means 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.
(d) Cereal Malt Beverage means cereal malt beverage as that term is defined in K.S.A. 41-2701, and amendments thereto, and 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.
(e) Class A Club means a premises which is owned 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), and their families and guests accompanying them.
(f) Class B Club means 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
(g) Club means a Class A or Class B club.
(h) Drinking Establishment means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.
(i) General Retailer means a person who has a license to sell cereal malt beverages at retail.
(j) Limited Retailer means a person who has a license to sell cereal malt beverages at retail only in original and unopened containers and not for consumption on the premises.
(k) Place of Business. Any place at which cereal malt beverages or alcoholic beverages or both are sold.
(l) Temporary Permit means 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.
(m) Wholesaler or distributor. Any individuals, firms, copartnerships, corporations and associations which sell or offer for sale any beverage referred to in this chapter, to persons, copartnerships, corporations and associations authorized by this chapter to sell cereal malt beverages at retail.
(Code 2013; Ord. 2367; Code 2022)
(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 300 feet of any church, school, nursing home or hospital, said distance to be measured from the nearest property line of such church, school, nursing home or hospital, 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.
(K.S.A. 41-710; Code 2013)
(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 30 percent of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption.
(Code 2013)
Except as otherwise provided herein for cereal malt beverages, no person shall drink or consume any alcoholic liquor or cereal malt beverage on city owned public property.
(a) Alcoholic beverages and cereal malt beverages may be consumed inside the Blue Rapids Community Building when the community room facilities are used for private parties. The City Council may impose, from time to time, conditions for the use of said community building, including without limitation, security deposits for clean-up and damage, by motion and approval by the majority of the governing body. No alcoholic beverages or cereal malt beverage shall be consumed or permitted to be consumed outside of the building premises.
(b) Alcoholic beverages and cereal malt beverages may be consumed in Riverside Park (Marshall County Fair Grounds) except for the following areas and times:
(1) Swimming pool area at all times;
(2) Ball fields during youth-related sports and activities (high school age and below);
(3) Midway area during Marshall County Fair week, including exhibition halls and barns, and areas in which rides are offered or in which youth or child-related events are held. The consumption of alcoholic and cereal malt beverages is not prohibited in the campground area or in the arena in which the demolition derby and figure eight racing is held or in any area designated by the Governing Body for consumption of alcoholic or cereal malt beverages. The Governing Body reserves the power to regulate, permit or restrict the consumption of alcoholic and cereal malt beverages during such events or at such times during fair week as such Governing Body may determine from time to time by motion and approval by a majority of the Governing Body.
(c) The governing body, upon written application, shall conduct a hearing to determine on a case by case basis the events (or special occasions) and times during which cereal malt beverages may be consumed on city owned public property. The Chief of Police shall review the application and make recommendations to the governing body. The governing body may impose such reasonable safety precautions as necessary to protect property and the public generally and to ensure that the privacy and rights of others are not interfered with or adversely affected. All conditions or requirements, as determined by the governing body after conducting a hearing to consider an application, shall be followed by the approved sponsor. The governing body may require that a cash bond be posted, subject to forfeiture, to ensure compliance with any conditions or requirements imposed by the governing body.
(d) The following minimum requirements shall be applicable for the approval of any request to consume cereal malt beverages on city-owned public property:
(1) The event or special occasion must be a community-wide event.
(2) The sponsor or organizer must be a resident of the City and have a cereal malt beverage license for the area designated for drinking or consuming cereal malt beverages; only cereal malt beverages sold or provided by the sponsor may be consumed in this area;
(3) The drinking or consumption of cereal malt beverages must be confined to a certain designated area suitable for such activity;
(4) The sponsor must abide by hourly restrictions as determined reasonable and appropriate for the event;
(5) The sponsor must designate a person or persons who will be present during the event and who will be responsible to address any concerns or inquiries from law enforcement officers.
(6) The sponsor must have adequate supervision for the activity.
(7) The area designated for drinking must have adequate rest room facilities available and provide for reasonable access to such facilities.
(8) The sponsor must provide for clean-up and trash disposal.
(9) Notice must be posted that if consumption of cereal malt beverages occurs outside the designated area or outside designated times, such person or persons can be prosecuted for drinking or consuming cereal malt beverages on city owned public property.
(e) Any person aggrieved by the decision of the governing body may appeal for review by the District Court to determine whether such decision is arbitrary and capricious. Before appealing, such person must request reconsideration by the governing body setting forth reasons why the decision of the governing body should be revised, changed or modified. The governing body shall have until the next city council meeting following the submission of a request for reconsideration in which to either reconsider the matter or deny reconsideration.
(K.S.A. Supp. 41-719; Ord. 2190, 2240; Code 2013)
(a) It shall be unlawful for any person to sell, serve or dispense any cereal malt beverage or alcoholic beverage in any public place not licensed to sell, serve or dispense such beverage at such public place within or under the jurisdiction of the city.
(b) It shall be unlawful for any person to drink or consume any cereal malt beverage or alcoholic beverage in any public place not licensed to sell and serve such beverage for public consumption at such public place within or under the jurisdiction of the city.
(c) For purposes of this section, the term “public place” shall include upon any street, public thoroughfare, public parking lot or any privately owned parking area made available to the public generally, within any parked or driven motor vehicle situated in any of the aforesaid places or upon any property owned by the state or any governmental subdivision thereof unless such property is leased to others under K.S.A. 12-1740 et seq. if the property is being used for hotel or motel purposes or purposes incidental thereto or is owned or operated by an airport authority created pursuant to Chapter 27 of the Kansas Statutes Annotated.
(K.S.A. 41-719; Code 2013)
(a) It shall be unlawful for any person to transport in any vehicle upon a highway or street any cereal malt beverage or alcoholic beverage unless such beverage is:
(1) In the original, unopened package or container, the seal of which has not been broken and from which the original cap or cork or other means of closure has not been removed;
(2) In the locked, rear trunk or rear compartment or any locked outside compartment which is not accessible to any person in the vehicle while it is in motion or;
(3) In the exclusive possession of a passenger in a vehicle which is a recreational vehicle as defined by K.S.A. 75-1212 or a bus as defined by K.S.A. 8-1406, who is not in the driving compartment of such vehicle or who is in a portion of such vehicle from which the driver is not directly accessible.
(b) As used in this section highway and street have meanings provided by K.S.A. 8-1424 and K.S.A. 8-1473 and amendments thereto.
(K.S.A. 41-804, 41-2719; Code 2013)
It shall be unlawful for any person to consume any cereal malt beverage or alcoholic beverage while operating any vehicle upon any street or highway.
(K.S.A. 41-719, 41-2720; Code 2013)
(a) It shall be unlawful for any person to:
(1) Display, cause or permit to be displayed, or have in possession, any fictitious, fraudulently altered, or fraudulently obtained identification card for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
(2) Display or represent any identification card not issued to such person as being his or her card for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
(3) Permit any unlawful use of an identification card issued to a person for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
(4) Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card or display or have in possession any such photograph, photostat, duplicate, reproduction or facsimile for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
(b) It shall be unlawful for any person to:
(1) Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the sale, purchase or consumption of any alcoholic liquor.
(2) Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the sale, purchase or consumption of any cereal malt beverage.
(Code 2013)
(a) It shall be unlawful for any person under 21 years of age to purchase or attempt to purchase any cereal malt beverage.
(b) It shall be unlawful for any person under 21 years of age to purchase or attempt to purchase any alcoholic liquor.
(K.S.A. Supp. 41-727; Code 2013)
Any licensed issued under this chapter shall not be refunded for any reason.
(Ord. 1708; Code 2013)
(a) The City Council, upon request, may permit the consumption of cereal malt beverage or alcoholic liquor at any street dance if the applicant has obtained the necessary licensing for a temporary permit from the applicable regulatory agency and has provided for reasonable safety precautions and public accommodations. The applicant shall identify the location of the event; the group for which the event is planned; and any anticipated need for police, fire or other municipal services. The applicant must comply with any applicable zoning and other municipal ordinances of the city including all ordinances and state statutes concerning the sale and consumption of cereal malt beverage or alcoholic liquor.
(b) The City Council may impose additional conditions to assure public safety and accommodation and may waive any business regulation or other applicable restriction that may prohibit or limit such events.
(c) The applicant shall be responsible for the special permit fee as determined by the City Council by resolution and shall be responsible for posting the issued permit in a visible location at the event. In addition, the applicant shall be responsible for any fees charged by the Division of Alcohol Beverage Control and must show proof that such fees have been paid in advance of the street dance.
(Ord. 2084; Code 2013; Ord. 2270)