Title 5 - Business Licenses and Regulations

5.12.020 License Required - Unlawful Acts.

1. A.
   Subject to Subparagraph B, no Person shall sell any Cereal Malt Beverage, Low-Alcohol Beer or Non-alcoholic Malt Beverage within the City limits without having in their possession a valid, unexpired, unrevoked license issued by the City for the Place of Business at which such Retail Sales are made, or a valid, unexpired, unrevoked special event retailers' permit issued pursuant to Section 5.12.045. It is unlawful for any Person holding:

   1. 1.
      Only a General Retailer ​​​​​​​license as defined in this Chapter​​​​​​​ ​​​​​​​ to sell at Retail any Cereal Malt Beverages, Low-Alcohol Beer, Non-alcoholic Beer or Non-alcoholic Malt Beverages for consumption off the premises or​​​​​​​ in any other manner than is provided for in the license; and
   2. 2.
      Only a Limited Retailer license as defined in this Chapter​​​​​​​ ​​​​​​ to sell Cereal Malt Beverages or Low-Alcohol Beer for consumption on​​​​​​​ the premises or in any other manner than is provided for in the license​​​​​​​. 
2. B.
   Subparagraph A, shall not apply to Persons issued a valid, unexpired, unrevoked license by the City to operate as a Retailer of Alcoholic Liquor under Overland Park Municipal Code Chapter 5.48 or a Class A Club, Class B Club, Drinking Establishment, Public Venue, Caterer, or Temporary Permit Holder under Overland Park Municipal Code Chapter 5.20.
3. C.
   Nothing contained in this Chapter shall prohibit the serving of complimentary Alcoholic Liquor or Cereal Malt Beverages:

   1. 1.
      On the unlicensed premises of a business by the business owner or owner’s agent at an event sponsored by a nonprofit organization promoting the arts and which has been approved by ordinance or resolution of the City if the director of the alcoholic beverage control has been notified thereof no less than 10 days in advance;
   2. 2.
      At fund raising activities of charitable organizations as defined by K.S.A. 17-1760, and amendments thereto, and as qualified pursuant to 26 U.S.C.​​​​​​​ 501(c) and by committees formed pursuant to K.S.A. 25-4142 et seq., and amendments thereto. The serving of such Alcoholic Liquor at such fund raising activities shall not constitute a sale pursuant to this Chapter, nor require any such fund raising activity to obtain a license or a temporary permit; or
   3. 3.
      The provision of alcoholic liquor or cereal malt beverage as a prize for a charitable raffle conducted in accordance with K.S.A. 75-5171 et seq., and amendments thereto, except that no such prize shall be provided to any person under 21 years of age. 
4. D.
   An unlicensed business may authorize patrons or guests of such business to consume alcoholic liquor on the premises of such business in accordance with K.S.A. 41-719(j), and amendments thereto. Such alcoholic liquor must be removed from the premises by the patron who has personal possession of the alcoholic liquor.

   1. 1.
      For the purposes of this section, the term "guest" shall mean the same as defined as K.S.A. 41-104, and amendments thereto.
   2. 2.
      For the purposes of this section, the term "patron" shall mean the same as defined by K.S.A. 41-719, and amendments thereto. ​​​​​​​ 

(History: Ord. CMB-3409 §1, 2023; ​​​​​​​Ord. CMB-3365  §2, 2022; Ord. CMB-3237 §2, 2019; Ord. CMB-2874 §2, 2010; CMB-2186, §2, 99; CMB-1654 §2, 90; CMB-1319 §2, 85; CMB-76 §2, 60) (State Law: K.S.A. 41-2702; K.S.A. 41-104; K.S.A. 41-719)

Effective on: 1/1/1901