Title 5 - Business Licenses and Regulations

5.12 Cereal Malt Beverages1

  1. 1.
    For statutory provisions regarding the licensing and regulation of sales of cereal malt beverages, see K.S.A. 41-2701 et seq.

5.12.010 Definitions.

As used in this Chapter, the words and phrases defined in this Section shall have the following meanings, unless the context otherwise requires.

  1. A.

    Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted, whatever its origin, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol. (See K.S.A. 41-102(a))

Effective on: 1/1/1901

  1. B.

    Alcoholic Candy means:

    1. 1.
      For purposes of manufacturing, any candy or other confectionary product with an alcohol content greater than 0.5% alcohol by volume; and
    2. 2.
      For purposes of sale at retail, any candy or other confectionary product with an alcohol content greater than 1% alcohol by volume. (See K.S.A. 41-102(b)) 

 

Effective on: 1/1/1901

  1. C.
    Alcoholic liquor means Alcohol, Spirits, Wine, Beer, Alcoholic Candy, and every liquid or solid, patented or not, containing Alcohol, Spirits, Wine, or Beer and capable of being consumed by a human being, but shall not include any Cereal Malt Beverage. (See K.S.A. 41-102(c))

Effective on: 1/1/1901

  1. D.
    Beer, when its meaning is not enlarged, modified, or limited by other words, means a beverage, containing more than 3.2% alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager beer, porter and similar beverages having such alcoholic content. (See K.S.A. 41-102(d))
    1. 1.
      Low-alcohol Beer means beer containing not more than 6% alcohol by volume.

Effective on: 1/1/1901

  1. E.
    Calendar Year means January 1st to December 31st, both dates inclusive, of each year.

Effective on: 1/1/1901

  1. F.
    Cereal Malt Beverage or CMB includes 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 contains more than 3.2% alcohol by weight. (See K.S.A. 41-2701(a))

Effective on: 1/1/1901

  1. G.
    The City or "this City" means the City of Overland Park, Kansas.

Effective on: 1/1/1901

  1. H.
    The County or this County means Johnson County, Kansas.

Effective on: 1/1/1901

  1. I.
    Director means the Director of Alcoholic Beverage Control of the Kansas Department of Revenue. (See K.S.A 41-2107(b))

Effective on: 1/1/1901

  1. J.
    Drink means an individual serving of Cereal Malt Beverage, Low-Alcohol Beer or Non-alcoholic Malt Beverage.

Effective on: 1/1/1901

  1. K.
    General Retailer is a person who has a license to sell Cereal Malt Beverages, Low-Alcohol Beer and Non-alcoholic Malt Beverages at retail for consumption on the licensed premises. (See K.S.A. 41-344 and K.S.A. 41-2701(e))

Effective on: 1/1/1901

  1. L.
    Governing Body means the Mayor and Council of this City.

Effective on: 1/1/1901

  1. M.
    Hard Cider means any alcoholic beverage that:
    1. 1.
      Contains less than 8.5% alcohol by volume;
    2. 2.
      Has a carbonation level that does not exceed 6.4 grams per liter; and
    3. 3.
      Is obtained by the normal alcoholic fermentation of the juice of sound, ripe apples or pears, including such beverages containing sugar added for the purpose of correcting natural deficiencies. (See K.S.A. 41-102(p)) 

Effective on: 1/1/1901

  1. N.

    Legal Age for Consumption of Cereal Malt Beverage means 21 years of age. (See K.S.A. 41-2701(h))

Effective on: 1/1/1901

  1. O.
    Licensee means the Person to whom the license required under this Chapter is issued as well as any manager, agent or employee of such Person at the licensed Place of Business.

Effective on: 1/1/1901

  1. P.
    Limited Retailer is a Person who has a license to sell Cereal Malt Beverages, Low-Alcohol Beer and Non-alcoholic Malt Beverages at retail only in original and unopened containers and not for consumption on the premises. (See K.S.A. 41-344 and K.S.A. 41-2701(e))

Effective on: 1/1/1901

  1. Q.
    Non-alcoholic Malt Beverage means a beverage containing less than 0.5% alcohol by volume obtained by alcohol fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager beer, porter and similar beverages having such alcoholic content. (See K.S.A. 41-343)

Effective on: 1/1/1901

  1. R.
    Person means any individual, firm, corporation or association. (See K.S.A. 41-2701(d))

Effective on: 1/1/1901

  1. S.
    Place of Business means any place at which Cereal Malt Beverages, Low-Alcohol Beer or Non-alcoholic Malt Beverages are sold. (See K.S.A. 41-344 and K.S.A. 41-2701(f))

Effective on: 1/1/1901

  1. T.
    Morals Charge means and includes those charges involving the sale of sexual relations, procuring any Person; soliciting of a child under 18 for any immoral act involving sex; possession or sale of narcotics, marijuana, amphetamines or barbiturates; rape; incest; gambling; illegal cohabitation; adultery; bigamy; crimes against nature, or lewd and lascivious behavior. (See K.S.A. 41-2601(o))

Effective on: 1/1/1901

  1. U.
    Sale at Retail, Sell at Retail and Retail Sale means sales for use or consumption and not for resale in any form.

Effective on: 1/1/1901

  1. V.
    Spirits means any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances. (See K.S.A. 41-102(ii))

Effective on: 1/1/1901

  1. W.
    The State or this State means the State of Kansas.

Effective on: 1/1/1901

  1. X.
    Wine means any alcoholic beverage obtained by the normal alcoholic fermentation of the juice of sound, ripe grapes, fruits, berries or other agricultural products, including such beverages containing added alcohol or spirits or containing sugar added for the purpose of correcting natural deficiencies. The term "Wine" shall not include Hard Cider and any other product that is commonly known as a subset of Wine. (See K.S.A. 41-102(ll))

(History: Ord. CMB-3365 §1, 2022; Ord. CMB-3237 §1, 2019; Ord. CMB-2874 §1, 2010; CMB-2186 §1, 99; CMB-1654 §1, 90; CMB-1450 §1, 87; CMB1380 §1, 86; CMB-1319 §1, 85; CMB-1041 §1, 79; CMB-861) (State Law: K.S.A. 41-2701)

Effective on: 1/1/1901