Title 5 - Business Licenses and Regulations

5.20 Private Clubs, Drinking Establishments, and Caterers1

  1. 1.
    For statutory provisions authorizing the levying of a maximum $250 annual occupational tax on Class B Private Clubs, see K.S.A. 41-2627.
Contents:

5.20.055 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) for purposes of manufacturing, any candy or other confectionery product with an alcohol content greater than 0.5% alcohol by volume; and (2) for purposes of sale at retail, any candy or other confectionery product with an alcohol content greater than 1% 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.
    Caterer means an individual, partnership or corporation that sells Alcoholic Liquor or Cereal Melt Beverage by the individual drink, and provides services related to the serving thereof, on unlicensed Premises that may be open to the public, but does not include a holder of a Temporary Permit, selling Alcoholic Liquor or Cereal Malt Beverage in accordance with the terms of such permit. (See K.S.A. 41-2601(c))

Effective on: 1/1/1901

  1. F.
    Cereal Malt Beverage means 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 3.2% percent alcohol by weight. (See K.S.A. 41-2701(a))

 

Effective on: 1/1/1901

  1. G.
    Class A Club means a Premises that is owned or leased by a corporation, partnership, business trust or association and that is operated thereby as a bona fide nonprofit social, fraternal or war veterans' club, as determined by the Director, for the exclusive use of the corporation stockholders, partners, trust beneficiaries or associates, hereinafter referred to as "members", and their families and guests accompanying them,  as provided in K.S.A. 41-2637, and amendments thereto. (See K.S.A. 41-2601(e))

Effective on: 1/1/1901

  1. H.
    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.

Effective on: 1/1/1901

  1. I.
    Club means a Class A or Class B Club. (See K.S.A. 41-2601(f))

Effective on: 1/1/1901

  1. J.
    Director means the Director of Alcoholic Beverage Control of the Kansas State Department of Revenue. (See K.S.A. 41-102(h))

Effective on: 1/1/1901

  1. K.

    Distributor means the person importing or causing to be imported into the State of Kansas, or purchasing or causing to be purchased within the State of Kansas, Alcoholic Liquor for sale or resale to retailers licensed under this chapter and the Kansas Liquor Control Act or Cereal Malt Beverage for sale or resale to retailers licensed under Chapter 5.12 of the OPMC and K.S.A. 41-2702, and amendments thereto. (See K.S.A. 41-102(i))

Effective on: 1/1/1901

  1. L.

    Domestic Beer means beer which contains not more than 15% alcohol by weight and which is manufactured in the State of Kansas. (See K.S.A. 41-102(j) 

Effective on: 1/1/1901

  1. M.

    Domestic Fortified Wine means wine which contains more than 14%, but not more than 20% alcohol by volume and which is manufactured in the State of Kansas. (See K.S.A. 41-102(k))

Effective on: 1/1/1901

  1. N.
    Domestic Table Wine means wine which contains not more than 14% alcohol by volume and which is manufactured without rectification or fortification in the state of Kansas. (See K.S.A. 41-102(l))  

Effective on: 1/1/1901

  1. O.
    Drinking Establishment means Premises that may be open to the general public, where Alcoholic Liquor or Cereal Malt Beverage by the individual drink is sold. (See K.S.A. 41-2601(h))

Effective on: 1/1/1901

  1. P.
    Employee means any Person employed in the business of selling Cereal Malt Beverages or Alcoholic Liquor by Licensee.

Effective on: 1/1/1901

  1. Q.
    Farm Winery means a winery licensed by the Director to manufacture, store and sell domestic table wine and domestic fortified wine. (See K.S.A. 41-102(n))

Effective on: 1/1/1901

  1. R.

    Hard Cider means any alcoholic beverage that: (1) contains less than 8.5% alcohol by volume; (2) has a carbonation level that does not exceed 6.4 grams per liter; and (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. 41-2601(p))

Effective on: 1/1/1901

  1. S.
    Hotel means the same as provided by K.S.A. 36-501 and amendments thereto. (See K.S.A. 41-41-2601(k))

Effective on: 1/1/1901

  1. T.
    Individual Drink means a beverage containing Alcoholic Liquor or Cereal Malt Beverage served to an individual for consumption by such individual or another individual, but which is not intended to be consumed by two or more individuals. The term "individual drink" includes beverages containing not more than: (1) eight ounces of wine; (2) thirty-two ounces of beer or cereal malt beverage; or (3) four ounces of a single spirit or a combination of spirits. (See K.S.A. 41-2601(l))

Effective on: 1/1/1901

  1. U.
    Licensee means any Person to whom a current Club, Drinking Establishment, Public Venue, or Caterer's license or Temporary Permit has been issued pursuant to under this Chapter. Provided however, if a specific section of this Chapter is intended to only apply to one or more types of licenses or permit, the term "Licensee" shall only apply to those types of licenses or permit. 

Effective on: 1/1/1901

  1. V.
    Manufacture means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottled or fill an original package with any alcoholic liquor, beer, or cereal malt beverage. (See K.S.A. 41-102(q))

Effective on: 1/1/1901

  1. W.

    Manufacturer means every brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic liquor, beer or cereal malt beverage. Manufacturer does not include a microbrewery, microdistillery or a farm winery. (See K.S.A. 41-102(r))

Effective on: 1/1/1901

  1. X.

    Microbrewery means a brewery licensed by the Director to manufacture, store and sell domestic beer and hard cider. (See K.S.A. 41-102(s))

Effective on: 1/1/1901

  1. Y.
    Microdistillery means a facility which produces spirits from any source or substance that is licensed by the Director to manufacture, store and sell spirits. (See K.S.A. 41-2601(t))

Effective on: 1/1/1901

  1. Z.
    Mini-bar means a closed cabinet, whether nonrefrigerated or wholly or partially refrigerated, access to the interior of which is restricted by means of a locking device that requires the use of a key, magnetic card or similar device. (See K.S.A. 41-2601(m))

Effective on: 1/1/1901

  1. AA.
    Minor means any Person under 21 years of age. ((See K.S.A. 41-102(u), K.S.A. 41-2601(n))

Effective on: 1/1/1901

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

Effective on: 1/1/1901

  1. AC.
    Original Package means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever, used, corked, or capped, sealed and labeled by the manufacturer of Alcoholic Liquor or Cereal Malt Beverage to contain and to convey any Alcoholic Liquor or Cereal Malt Beverage. Original container does not include a sleeve. (See K.S.A. 41-102(w))

Effective on: 1/1/1901

  1. AD.
    Person means any natural person, corporation, partnership, trust or association. (See K.S.A. 41-102(x)) 

Effective on: 1/1/1901

  1. AE.
    Premises means the specific area described in the license application and approved as the location upon which the Cereal Malt Beverages and/or Alcoholic Liquor may be sold and/or consumed under the license.

Effective on: 1/1/1901

  1. AF.

    Powdered Alcohol means alcohol that is prepared in a powdered or crystal form for either direct use or for reconstruction in a nonalcoholic liquid. (See K.S.A. 41-102(y))

Effective on: 1/1/1901

  1. AG.

    Public Venue means an arena, stadium, hall or theater, used primarily for athletic or sporting events, live concerts, live theatrical productions or similar seasonal entertainment events, not operated on a daily basis, and containing: 1. Not fewer than 4,000 permanent seats; and 2. not fewer than two private suites that are enclosed or semi-enclosed seating areas, having controlled access and separated from the general admission areas by a permanent barrier. (See K.S.A. 41-2601(q))

Effective on: 1/1/1901

  1. AH.
    Retailer means a Person who is licensed under the Kansas liquor control act and sells at retail or offers for sale at retail, Alcoholic Liquors or Cereal Malt Beverages. Retailer does not include a microbrewery, microdistillery or a farm winery. (See K.S.A. 41-102(aa))

Effective on: 1/1/1901

  1. AI.

    Sale means any transfer, exchange or barter in any manner or by any means whatsoever for a consideration and includes all sales made by any person, whether principal, proprietor, agent, servant, or employee. (See K.S.A. 41-102(bb))

Effective on: 1/1/1901

  1. AJ.

    Sample means a serving of alcoholic liquor or cereal malt beverage that contains not more than: (1) one-half ounce of distilled spirits; (2) one ounce of wine; or (3) two ounces of beer or cereal malt beverage. A sample of a mixed alcoholic beverage shall contain not more than 1/2 ounce of distilled spirits. (See K.S.A. 41-102(dd))

Effective on: 1/1/1901

  1. AK.

    Sell at Retail and Sale at Retail refer to and mean sales for use or consumption and not for resale in any form and sales to clubs, licensed drinking establishments, licensed caterers or holders of a temporary permits. Sell at Retail and Sale at Retail do not refer to or mean sales by a distributor, a microbrewery, a farm winery, a licensed club, a licensed drinking establishment, a licensed caterer, or a holder of a temporary permit. (See K.S.A. 41-102(ff))

Effective on: 1/1/1901

  1. AL.
    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.

Effective on: 1/1/1901

  1. AM.

    Sleeve means a package of two or more 50-millileter (3.2-fluid-ounce) containers of spirits. (See K.S.A. 41-102(hh))

Effective on: 1/1/1901

  1. AN.
    Temporary Permit means the same as defined by K.S.A. 41-2601, and amendments thereto. (See K.S.A. 41-102(kk))

Effective on: 1/1/1901

  1. AO.
    To Sell includes to solicit or receive an order for, to keep or expose for sale and to keep with intent to sell. (See K.S.A. 41-102(gg))

Effective on: 1/1/1901

  1. AP.
    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. "Wine" includes hard cider and any other product that is commonly known as a subject of wine. 
     

(History: Ord. CDC-3369 §1, 2022; Ord. CDC-3241 §1, 2019; Ord. CDC-3208 §1, 2018; CDC-3172 §1, 2017; CDC-2875 §1, 2010; CDC-2178 §1, 99) (State Law: K.S.A. 41-2601)

 

Effective on: 1/1/1901

5.20.060 City and State Liquor License Required.

 

  1. A.
    License Required.
    1. 1.
      Clubs, Drinking Establishments, and Public Venues. No Person shall maintain or operate any Class A Club, Class B Club, Drinking Establishment, or Public Venue in this City without having in such person's possession for the location of the establishment a valid,  unexpired and unrevoked licenses issued by the City and the State of Kansas. 
    2. 2.
      Caterers. No person shall act as a caterer in this City without having in such person's possession a valid unexpired and unrevoked caterer's licenses issued by the City and State of Kansas.
    3. 3.
      Temporary Permits. No Person or organization shall sponsor, conduct or hold an event in this City which requires a temporary permit unless such person or organization has in such person's or organization's possession temporary permits issued by the City and State for such event and such event is conducted in accordance with the terms of such permit. 
    4. 4.
      Microbreweries, Microdistilleries, and Farm Wineries. Except as permitted by state law, Microbreweries, Microdistilleries and Farm Wineries with licenses from the City and State of Kansas may not serve Alcoholic Liquor on premises unless they also have an unexpired, unrevoked license to operate a Club or Drinking Establishment. 
  2. B.
    Exceptions.
    1. 1.
      Nothing contained in this Chapter shall prohibit the serving of complimentary Alcoholic Liquor or Cereal Malt Beverages:
      1. a.
        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 has been notified thereof no less than 10 days in advance;
      2. b.
        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. c.

        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. 

    2. 2.

      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 with the patron who has personal possession of the alcoholic liquor.

      1. a.
         For purposes of this section, the term "guest" shall mean the same as defined by K.S.A. 41-104, and amendments thereto. 
      2. b.
        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. CDC-3410 §1, 2023; ​​​​​​​Ord. CDC-3369 §2, 2022; Ord. CDC-3241 §2, 2019; Ord. CDC-2875 §2, 2010; CDC-2178 §2, 99; CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-104; K.S.A. 41-719)

Effective on: 1/1/1901

5.20.065 Biennial License Tax.

A biennial license tax is established and required for all Clubs, Drinking Establishments, Caterers, and Public Venues (amount set by resolution).

 

(History: Ord. CDC-3369 §3, 2022; Ord. CDC-3241 §3, 2019; Ord. CDC-2875 §3, 2010 (effective 7/1/11); CDC-1716 §1, 91; CDC-1653A §1, 91; CDC-1653 §1, 90; PCT-1453 §1, 87; PCOT-1322 §1, 85; PCOT-441 §1, 67)[Source or prior law: 5.20.010] (State Law: K.S.A. 41-2622)

Effective on: 1/1/1901

5.20.068 License Tax For Temporary Permit Holders.

A license tax is established and required for each temporary permit issued (amount set by resolution). The tax shall be prorated for each day of the permit period used by the permit holder.

 

(History: Ord. CDC-3369 §4, 2022; Ord. CDC-3241 §4, 2019; Ord. CDC-2178 §3, 99; CDC-1716 §2, 91) (State Law: K.S.A. 41-2645)

Effective on: 1/1/1901

5.20.070 Levy and Term.

  1. A.
    For all licenses other than Temporary Permits, the license tax shall be levied on the basis of a two year term and licenses shall be issued for a two year term.
  2. B.
    Licensees that hold multiple licenses and who choose to consolidate all their licenses into the same license year as authorized by the Kansas Department of Revenue, in addition to notifying the Alcohol Beverage Control licensing unit in writing, will serve a copy of their written notice upon the City Clerk and, at their next license renewal, must file applications for all licenses and permits held by the entity. Upon issuance of the new state licenses and the surrender of the un-expired City licenses, the City Clerk shall issue new licenses to coincide with the surrender of the un-expired City license and the Licensee will receive a refund for the unused portion of the license tax upon written request to the City Clerk.
  3. C.
    A license tax may be transferred during the two year term if the Licensee changes the status of the Premises from Drinking Establishment to private Club or private Club to Drinking Establishment, provided the licensee pays a transfer fee (set by resolution).
  4. D.
    Notwithstanding any other provision of law, failure to pay the full amount due under this paragraph on the date it is due shall result in the automatic cancellation of such license for the remainder of the license term. The City Clerk may extend the date payment is due pursuant to this paragraph for not more than 30 days beyond the date such payment is originally due if the Director extends the Licensee's date of payment is due pursuant to K.S.A. 41-2606(d), and amendments thereto. When the Licensee pays the full amount of the license tax upon application and is prevented from operating under such license for reasons other than suspension or revocation of the license for the entire second year of the license term, a refund shall be made of one-half of the license fee paid by such Licensee.
  5. E.
    The place of business of any licensee may be changed from one location to another within the City upon special application to the City Clerk describing the new location and upon the approval of the City Clerk and accompanied by a non-refundable application fee (set by resolution). (See K.S.A. 41-2627; K.S.A. 41-315)

(History: Ord. CDC-3369 §5, 2022; Ord. CDC-3241 §5, 2019; Ord. CDC-2875 §4, 2010 (effective 7/1/11); CDC-2840 §1, 2009; CDC-2178 §4, 99; CDC-1716 §3, 91; CDC-1653A §1, 91; CDC-1653 §1, 90; PCT-1453A §1, 87; PCT-1453 §2, 87; PCOT-1322 §2, 85; PCOT-441 §2, 67)[Source or prior law: 5.20.020] (State Law: K.S.A. 41-2607)

Effective on: 1/1/1901

5.20.075 Club, Drinking Establishment, and Public Venue License Exclusive to Premises Issued.

  1. A.
    A Club, Drinking Establishment, or Public Venue License shall allow the licensee to operate a Club, Drinking Establishment, or Public Venue only at the Premises specified in such license in accordance with the provisions of this Chapter; the Club and Drinking Establishment Act, K.S.A. 41-2601 et seq., and amendments thereto; and rules and regulations adopted by the Secretary of the Kansas Department of Revenue. No license shall be issued for a Premises wherein the use thereof would be in violation of the City zoning laws or the City building codes or fire codes, unless such Premises has been issued a farm winery or producer license from the State of Kansas and is a registered agritourism operator as defined in K.S.A. 32-1432, and amendments thereto. 
  2. B.
    Licensees desiring to extend their licensed Premises to include street, alley, road, highway, parking or sidewalk areas must apply in writing to the City Clerk for such authorization. The street, alley, road, parking, highway or sidewalk areas must be closed to motor vehicle traffic at any time during which intoxicating liquor is to be sold or consumed. Applications must also include a diagram accurately describing the licensed Premises; the dates and times during which intoxicating liquor will be sold and consumed on the street, alley, road, highway, parking or sidewalk areas. If parking areas are included in the extended Premises, the applicant must indicate how parking requirements will be satisfied during the event. Applications shall be reviewed by the Chief of Police to insure the Licensee has planned for and has available the necessary resources and otherwise is capable of meeting the ordinance requirements for the sale of intoxicating liquor in exterior areas. The Chief of Police will submit to the City Clerk in writing their review of the application which shall include any comments concerning public safety issues. After the City Clerk has received the Chief of Police's review and determined all application requirements have been met, the application should be presented to the Governing Body which may approve the extension by approving an ordinance or resolution that specifies the exact times during which intoxicating liquor may be sold or consumed on the street, alley, road, highway, parking or sidewalk areas. 
  3. C.
    Licensees desiring to extend their licensed Premises to other private property owned by the Licensee that is adjacent to the Premises must apply in writing to the City Clerk for such authorization. Applications must include a diagram accurately describing the area the Licensee would like to extend the licensed Premises to. The City Clerk will authorize or deny the extension of the Premises once the applicant has completed all application requirements. The City Clerk shall notify the Chief of Police whenever an extension has been approved and forward a copy of the application to the Chief of Police.

(History: Ord. CDC-3369 §6, 2022; Ord. CDC-2875 §5, 2010; CDC-2178 §5, 99; CDC-2047 §1, 97; CDC-2043 §1, 97; CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-2627; K.S.A. 41-315)

Effective on: 1/1/1901

5.20.078 Temporary Permits; Applications; Process.

  1. A.
    It shall be unlawful for any Person to conduct an event pursuant to a State issued Temporary Permit without first applying for a local Temporary Permit at least 14 days prior to the event and subsequently obtaining the permit. Those applications received after the 14 day period shall be processed, however, review shall be subject to City Clerk calendar considerations. Written application for the local Temporary Permit shall be made to the City Clerk upon a form provided by the Clerk and shall clearly state the name of the applicant, the group for which the event is planned, the location, date and time of the event and any anticipated need for police, fire or other municipal services. Each application for a local Temporary Permit shall specify the Premises for which such permit is issued, including a diagram of the Premises covered by the Temporary Permit. The diagram shall clearly show the boundaries of the premises, entrances to and exits from the premises and the area in which the service of Alcoholic Liquor or Cereal Malt Beverage would take place. If the event is to occur on private property, the applicant shall include written permission for the event and the service of alcoholic liquor or cereal malt beverage from the owner of the private property. In addition, the application shall include a copy of the State issued Temporary Permit.
  2. B.
    Except as provided in subsection (C), the City Clerk will issue or deny a local Temporary Permit once the applicant has completed all application requirements, the applicant has paid the license tax set forth in O.P.M.C. 5.20.068, and the City Clerk has received the recommendations of the Chief of Police. The City Clerk shall notify the Chief of Police whenever a local Temporary Permit has been issued by the City Clerk and forward a copy of the permit and application to the Chief of Police.
  3. C.
    The Governing Body may approve by ordinance or resolution a local Temporary Permit for events allowing consumption of intoxicating liquor on public streets, alleys, roads, sidewalks, parking areas, or highways, provided: a) the City closes the streets, alley, road, sidewalk, parking areas, or highway to motor vehicle traffic during the event; b) the boundaries of any such event are clearly designated in any application for the event and are clearly designated in any approval granted by the Governing Body; and c) the boundaries of such event are clearly marked by signs, a posted map or other means which reasonably identify the area in which intoxicating liquor may be possessed or consumed at such event. The City Clerk shall notify the Chief of Police whenever a local Temporary Permit has been approved by the Governing Body and forward a copy of the permit and application to the Chief of Police. (See K.S.A. 41-719(a)(2)(A) and K.S.A. 41-1201(f)(1))

(History: Ord. CDC-3369 §7, 2022; Ord. CDC-2875 §6, 2010; CDC-2178 §6, 99)

Effective on: 1/1/1901

5.20.080 Application For License; Investigation Of Applicant By Chief Of Police.

Any Person desiring to secure a Drinking Establishment, Club, Public Venue, or Caterer's license under the provisions of this Chapter shall make a verified application with the City Clerk. Such application shall be upon a form provided by the City Clerk and shall require the applicant to provide the information necessary to determine whether the applicant is qualified and eligible to be issued a license pursuant to this Chapter, to include the qualifications required by the State of Kansas for issuance of a state Drinking Establishment, Club, Public Venue or Caterers license. One copy of such application shall immediately be transmitted by the City Clerk to the Chief of Police or their designee for investigation of the applicant. It shall be the duty of the Chief of Police or their designee to investigate such applicant to determine whether they are qualified as a Licensee under the provisions of this Chapter. The Chief of Police or their designee shall report to the City Clerk not later than ten working days subsequent to the receipt of such application by the City Clerk. The City Clerk shall issue a license or deny the application within ten business days after receipt of the report of the Chief of Police or their designee.

(History: Ord. CDC-3369 §8, 2022; Ord. CDC-2875 §7, 2010; CDC-2178 §7, 99; CDC-2102 §1, 98; CDC-1963 §1, 95; CDC-1653A §1, 91; CDC-1653 §1, 90)

Effective on: 1/1/1901

5.20.085 Qualifications for License.

No license shall be issued under the provisions of this chapter to an applicant for a club, drinking establishment, public venue, or caterer's license or for a temporary permit unless the applicant meets the State of Kansas qualifications for a club, drinking establishment, public venue, or caterer's license or temporary permit as set forth in Chapter 41 of the Kansas Statutes Annotated.

(History: Ord. CDC-3369 §9, 2022; Ord. CDC-2178 §8, 99; CDC-1963 §2, 95; CDC-1653A §1, 91; CDC-1653 §1, 90)

Effective on: 1/1/1901

5.20.090 Examination of Application - Issuance of License - Disqualifications.

  1. A.
    If the application is in proper form and accompanied by the license tax, the City Clerk shall examine the application; and after such examination, the City Clerk shall issue the license, if the applicant is qualified as provided by law, provided that no license shall be approved to any Person who is not otherwise qualified and eligible to receive a license pursuant to Section 5.20.085, or to an applicant or Licensee that is indebted to the City.
  2. B.
    The City Clerk shall keep, as a public record, a list of all licenses issued under this Chapter, together with the class and expiration date of each. Among other things, the license shall state that it is not transferable to other Persons and the term for which it is issued. The license shall be kept posted in a conspicuous place in the place of business licensed.
  3. C.
    Renewal licenses may be issued by the City Clerk upon payment of the necessary tax if the Licensee has not been suspended or revoked pursuant to Section 5.20.115 or 5.20.120 during the license term and the Licensee continues to meet the qualifications for issuance of the license.
  4. D.
    If an application for a license is denied, the license tax accompanying the same shall be immediately returned to the Person who has made such application. If the City Clerk denies an application for a license, the applicant shall be immediately notified by certified mail, return receipt requested, mailed to the last known mailing address of the applicant, and the notice shall state the basis for the denial. Any applicant aggrieved by the denial may seek review by the Governing Body by filing a written notice of appeal from the denial with the City Clerk within ten business days after the date of the notice of denial. The Governing Body shall determine the matter de novo, and if it determines the applicant is qualified as provided by law, shall direct the Clerk to issue the applicant a license; provided that no license shall be issued to an applicant who does not meet the license qualifications set forth in Chapter 41 of the Kansas Statutes Annotated and amendments thereto, or to an applicant or Licensee that is indebted to the City.

(History: Ord. CDC-3369 §10, 2022; Ord. CDC-2875 §8, 2010; CDC-2178 §9, 99; CDC-2102 §2, 98; CDC-1653A §1, 91; CDC-1653 §1, 90)

Effective on: 1/1/1901

5.20.095 Compliance.

  1. A.
    It is unlawful for any Club, Drinking Establishment, Caterer, or Public Venue licensee to:
    1. 1.
      Employ any person under 21 years of age in connection with the mixing or dispensing of drinks containing alcoholic liquor or cereal malt beverage;
    2. 2.
      Employ knowingly or continue in employment any person in connection with the dispensing or serving of alcoholic liquor or cereal malt beverage or the mixing of drinks containing alcoholic liquor or cereal malt beverage who has been adjudged guilty of a felony or of any crime involving a morals charge in this city or any other municipality, this state or any other state, or of the United States;
    3. 3.
      Knowingly employ or continue to employ person in connection with the dispensing or serving of alcoholic liquor or cereal malt beverage, or the mixing of drinks containing alcoholic liquor or cereal malt beverage, who has been adjudged guilty of two or more violations of K.S.A. 21-5607, and amendments thereto, furnishing alcoholic liquor or cereal malt beverages to minors or a similar law of this city or any other municipality, this state or any other state, or of the United States, pertaining to furnishing alcoholic liquor or cereal malt beverage to minors within the immediately preceding five years, or who has been adjudged guilty of three or more violations of any intoxicating liquor laws of this city or any other municipality, this state or any other state, or of the United States, not involving the furnishing of alcoholic liquor or cereal malt beverage to minors within the immediately preceding five years;
    4. 4.
      In the case of a club, fail to maintain at the licensed premises a current list of all club members and their residences addresses or refuse to allow the City Attorney or any of the City Attorney's authorized agents or any law enforcement officer to inspect such list;
    5. 5.
      Purchase alcoholic liquor or cereal malt beverage from any person except from a person authorized by law to sell such alcoholic liquor or cereal malt beverage to such licensee;
    6. 6.
      Permit any employee of the licensee who is under the age of 21 years to work on premises where alcoholic liquor or cereal malt beverage is sold by such licensee at any time when not under the on premises supervision of either the licensee or an employee who is 21 years of age or over;
    7. 7.
      Employ any person under the age of 18 years of age in connection with the serving of alcoholic liquor or cereal malt beverage.
  2. B.
    It is unlawful for any temporary permit holder to:
    1. 1.
      Employ of use the services of any person who is under 18 years of age to service alcoholic liquor or cereal malt beverage;
    2. 2.
      Employ or use the services of any person who is under 21 years of age to mix or dispense drinks containing alcoholic liquor or cereal malt beverage;
    3. 3.
      Employ or use the service of any person who is under 21 years of age and not supervised by the temporary permit holder or an employee who is at least 21 years of age; 
    4. 4.
      Employ or use the service of any person who has been convicted of a felony or of any crime involving a morals charge to dispense, mix or serve alcoholic liquor or cereal malt beverage;
    5. 5.
      Employ or use the services of any person who has been convicted within the pervious two years of a violation of any intoxicating liquor law of this city or any other municipality, this state or any other state, or of the United States to dispense, mix or serve alcoholic liquor or cereal malt beverage; or 
    6. 6.
      Knowingly employ or continue to employ any person in connection with the dispensing of serving of alcoholic liquor or cereal malt beverage, or the mixing of drinks containing alcoholic liquor or cereal malt beverage, who has been adjudged guilty of two or more violations of K.S.A. 21-5607, and amendments thereto, furnishing alcoholic liquor or cereal malt beverage to minors or a similar law of this city of any other municipality, this state or any other state, or of the United State, pertaining to furnishing alcoholic liquor or cereal malt beverage to minor within the immediately preceding five years, or who has been adjudged guilty of three or more violations of any intoxicating liquor law in this city or any other municipality, this state or any other state, or of the United States, not involving the furnishing of alcoholic liquor or cereal malt beverage to minors within the preceding five years.

 

 

(History: Ord. CDC-3369 §11, 2022;  Ord. CDC-3241 §6, 2019; Ord. CDC-2178 §10, 99; CDC-2102 §3, 98; CDC-1963 §3, 95; CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-2610)

 

Effective on: 1/1/1901

5.20.100 Hours of Closing.

  1. A.

    No Club, Drinking Establishment, or Public Venue licensed under the provisions of K.S.A. 41-2601, et seq., shall allow the serving, mixing or consumption of Alcoholic Liquor or Cereal Malt Beverage on its premises between the hours of 2:00 a.m. and 6:00 a.m. on any day. 

  2. B.
    No Caterer shall allow the serving, mixing, or consumption of Alcoholic Liquor or Cereal Malt Beverage between the hours of 2:00 a.m. and 6:00 a.m. on any day at an event catered by such caterer.
  3. C.
    The dates and hours in which a temporary permit holder shall allow the serving, mixing, and consumption of alcoholic liquor or cereal malt beverage shall be specified in the temporary permit and shall be in conformance with state law. 
  4. D.
    A hotel of which the entire premises are licensed as a drinking establishment or a drinking establishment caterer may at any time allow the serving, mixing and consumption of alcoholic liquor and cereal malt beverage from a mini-bar in a guest room by guests registered to stay in such room, and guests of guests registered to stay in such room in accordance with K.S.A. 41-2642, and amendments thereto.

(History: Ord. CDC-3369 §12, 2022; Ord. CDC-3241 §7, 2019; Ord. CDC-3208 §2, 2018; CDC-2178 §11, 99; CDC-2011 §1, 96; CDC-1813 §1, 93; CDC-1653A §1, 91; CDC-1653 §1, 90; PCT-1453 §3, 87; PCOT-1322 §3, 85; AL-859 §1, 75) [Source or prior law: 5.20.030] (State Law: K.S.A. 41-2614; K.S.A. 41-2642)

Effective on: 1/1/1901

5.20.105 Permitting Consumption by Minors; Exceptions; Penalties.

  1. A.
    No Licensee or permit holder, or any owner, officer or Employee thereof, shall knowingly or unknowingly permit the possession or consumption of Alcoholic Liquor or Cereal Malt Beverage by a Minor on Premises where alcoholic beverages are sold by such Licensee or permit holder, except that a Licensee's or permit holder's Employee who is not less than 18 years of age may serve Alcoholic Liquor or Cereal Malt Beverage under the on-premises supervision of the Licensee or permit holder, or an Employee who is 21 years of age.
  2. B.
    Violation of this Section is a misdemeanor punishable by a fine of not less than $100.00 and not more than $250.00 or imprisonment not exceeding 30 days, or both.
  3. C.
    It shall be a defense to a prosecution under this Section if:
    1. 1.
      The defendant permitted the Minor to possess or consume the Alcoholic Liquor or Cereal Malt Beverage with reasonable cause to believe that the Minor was 21 or more years of age; and
    2. 2.
      to possess or consume the Alcoholic Liquor or Cereal Malt Beverage, the Minor exhibited to the defendant a driver's license, Kansas nondriver's identification card or other official or apparently official document, that reasonably appears to contain a photograph of the Minor and purporting to establish that such Minor was 21 or more years of age.

(History: Ord. CDC-2875 §9, 2010; CDC-2178 §12, 99; CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-2614)

Effective on: 1/1/1901

5.20.110 Nudity Or Semi-Nudity Prohibited - Standards of Conduct for Entertainment. (Repealed)

Repealed.

(History: Ord. CDC-2029 §1, 97; Ord. CDC-1653A §1, 91; CDC-1653 §1, 90)

Effective on: 1/1/1901

5.20.115 Revocation of license.

  1. A.
    The City Clerk shall immediately revoke the license of any Licensee whenever the state license of the Licensee is revoked by the state for any reason.
  2. B.
    The Governing Body, upon providing five days' written notice to a Licensee, after conducting a hearing, may assess a fine not to exceed $500.00, may assess such fine and/or suspension for a period not to exceed 90 days or may revoke such license for any of the following reasons:
    1. 1.
      The Licensee has fraudulently obtained the license by giving false information in the application therefor or any hearing thereon;
    2. 2.
      The Licensee, manager, Employee or agent has violated any of the provisions of this Chapter or any rule or regulation by the Governing Body of the City concerning Alcoholic Liquor or Cereal Malt Beverage;
    3. 3.
      The Licensee has become ineligible to obtain a license or permit under this title;
    4. 4.
      The Licensee's manager or employee has been intoxicated while on duty; 
    5. 5.
      The sale or gift of Cereal Malt Beverage or Alcoholic Liquor to a Minor by a Licensee, his manager or Employee;
    6. 6.
      The nonpayment of any license tax payable pursuant to this Chapter;
    7. 7.
      For a Licensee, his manager or Employee to permit gambling in or upon Premises selling Alcoholic Liquor;
    8. 8.
      The Licensee or its manager or Employee, has  permitted any disorderly Person to remain on Premises where Alcoholic Liquor is sold by such Licensee;
    9. 9.
      There has been a violation of a provision of the laws of this City or of this state or of any other state or the United States pertaining to the sale of intoxicating or Alcoholic Liquors or Cereal Malt Beverage, or any crime involving a Morals Charge on Premises where Alcoholic Liquor or Cereal Malt Beverage is sold by such Licensee;
    10. 10.
      The Licensee or its managing officers or any Employee has purchased and displayed, on Premises where Alcoholic Liquor or Cereal Malt Beverage is sold by such Licensee, a federal waging occupational stamp issued by the United States Treasury Department;
    11. 11.
      The Licensee or its managing officers or any Employee, has purchased and displayed, on Premises where Alcoholic Liquor or Cereal Malt Beverage is sold by such Licensee, a federal coin-operated gambling device stamp for the Premises issued by the United States Treasury Department;
    12. 12.
      The Licensee holds a license as a Class B Club, Drinking Establishment or Caterer and has been found guilty of a violation of Article 10 of Chapter 44 of the Kansas Statutes Annotated, and amendments thereto, under a decision or order of the Kansas Human Rights Commission that has become final or such Licensee has been found guilty of a violation of K.S.A. 21-4003, prior to its repeal, or K.S.A. 2020 Supp. 21-6102, and amendments thereto;
    13. 13.
      For knowingly selling or providing Alcoholic Liquor to any Person who is intoxicated;
    14. 14.
      Failure to pay a fine assessed by the Governing Body within 30 days of the date such fine was imposed;
    15. 15.
      Violation of any provisions of K.S.A. 41-1201 et seq. or K.S.A. 41-2601, et seq.
    16. 16.
      There has been a violation of K.S.A. 21-4106 or 21-4107, prior to their repeal, K.S.A. 21-6204, and amendments thereto, on Premises where Alcoholic Liquor or Cereal Malt Beverage is sold by such Licensee;
    17. 17.
      Violation of Overland Park Municipal Code section 7.08.002.
  3. C.
    If any of the grounds for revocation enumerated in Subsection (B) of this Section are violated by an Employee or manager, then in the absence of proof of knowledge by the Licensee, there shall be no revocation, except as herein provided, but there may be a suspension of not more than thirty days. In any event if any Licensee is subject to more than two such suspensions in any twelve-month period, the Licensee's license may be revoked on the third such violation.
  4. D.
    Within 30 days after the order of the Governing Body or the City Clerk revoking or suspending any license, the Licensee may appeal from such order to the district court of the county in the manner as provided by law; provided that any appeal taken from an order revoking or suspending any such license shall not suspend the order during the pendency of such appeal. In case of the revocation of a license of any Licensee, no new license shall be issued to such Person or to any Person acting for or on his behalf, for a period of six months after the revocation becomes effective.

(History: Ord. CDC-3369 §13, 2022; Ord. CDC-2875 §10, 2010; CDC-2178 §13, 99; CDC-2102 §4, 98; CDC-1963 §4, 95; CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-2611)

Effective on: 1/1/1901

5.20.120 Suspension of License by Chief Of Police.

  1. A.
    The Chief of Police, upon five days' written notice, and subsequent to conduct of a hearing shall have the authority to suspend such license for a period not to exceed 30 days for any of the reasons set forth at Section 5.20.115(B) (2), (4), (5), (7), (8), (9), (13) and (14), which reason does not, in the judgment of the Chief of Police, justify a recommendation of revocation; provided. 
  2. B.
    The licensee may appeal an order of suspension pursuant to this Section by filing with the City Clerk a written notice of appeal to the Governing Body within seven days of the suspension by the Chief of Police. The notice of appeal shall specify:
    1. 1.
      The name and address of the appellant;
    2. 2.
      The date of the license's suspension; and 
    3. 3.
      The factual basis for the appeal.

       

      Upon receipt of a complete and timely filed notice of appeal, the City Clerk shall schedule a hearing before the Governing Body, no later than 30 days from the date of the filing of the notice of appeal. Any appeal shall stay the suspension of the license until the matter is heard by the Governing Body. The Governing Body may approve or overrule the license suspension or may modify the decision to suspend the license. In any hearing before the Governing Body pursuant to this Section, a certified copy of a conviction from any local, state, or federal court for any violation is prima facie evidence of such violation. 

  3. C.
    The Governing Body's decision may be appealed to the Johnson County District Court of the State of Kansas pursuant to K.S.A. 60-2101, and amendments thereto. Any such appeal to the District Court shall not stay the suspension or any modification imposed thereupon by the Governing Body.
  4. D.
    The Chief of Police shall notify the City Manager and City Clerk prior to making a suspension hereunder.

(History: Ord. CDC-3369 §14, 2022; Ord. CDC-2178 §14, 99; CDC-2102 §5, 98; CDC-1653A §1, 91; CDC-1653 §1, 90)

Effective on: 1/1/1901

5.20.125 Display of License.

Every licensee shall cause the issued license to be framed and hung in plain view in a conspicuous place on the licensed premises.

(History: Ord. CDC-2178 §15, 99; CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-2612)

Effective on: 1/1/1901

5.20.130 Right of Entry and Inspection.

The right of immediate entry to and inspection of any premises where Alcoholic Liquor or Cereal Malt Beverage is sold by a Licensee or holder of a temporary permit, or any premises subject to the control of any Licensee or temporary permit holder, by any duly authorized officer or agent of the City, or by any law enforcement officer, shall be a condition on which every license or temporary permit is issued, and the application for and acceptance of any license or temporary permit shall conclusively be deemed to be the consent of the applicant and licensee or permit holder to such immediate entry and inspection. Such right of immediate entry and inspection shall be at a time when the premises are occupied and is not limited to hours when the licensee or temporary permit holder is open for business. Such consent shall not be revocable during term of the license or temporary permit. Refusal of such entry shall be grounds for revocation of the license or temporary permit. Upon the refusal of any licensee to permit immediate entry and inspection as said above, the city attorney shall report such refusal to the State Director of Alcoholic Beverage Control.

(History: Ord. CDC-3369 §15, 2022; Ord. CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-2613)

Effective on: 1/1/1901

5.20.135 Caterer and Temporary Permit Holder Notification.

Prior to any event at which a caterer or temporary permit holder will sell alcoholic liquor or cereal malt beverage by the individual drink, the caterer or temporary permit holder shall notify the Chief of Police in writing at least 48 hours prior to the event where the event shall take place and the estimated number of individuals participating in the event.

(History: Ord. CDC-3369 §16, 2022; Ord. CDC-1653A §1, 91; CDC-1653 §1, 90: PCT-1453 §4, 87)[Source or prior law: 5.20.035]

Effective on: 1/1/1901

5.20.136 Caterers; Events on Public Property.

A Caterer License shall allow the licensee to operate as a Caterer in accordance with the provisions of this Chapter; the Club and Drinking Establishment Act, K.S.A. 41-2601 et seq., and amendments thereto; and rules and regulations adopted by the Secretary of the Kansas Department of Revenue.

In addition to other requirements under the Municipal Code, licensed Caterers desiring to cater an event on public property at which Alcoholic Liquor or Cereal Malt Beverage is sold, served, dispensed and consumed must apply in writing to the City Clerk for such authorization. Applications must include a diagram accurately describing the public property for the catered event, the dates of the event. If parking areas are included in the area designated for consumption, the applicant must clearly indicate how parking needs will be satisfied during the catered event. All applications shall be reviewed by the Chief of Police to insure the licensed Caterer has planned for and has available the necessary resources. The Chief of Police shall submit to the City Clerk in writing their review of the application which shall include all comments concerning public safety issues. The City Clerk will issue or deny a caterer’s license once the applicant has completed all application requirements, the applicant has paid the license tax set forth in O.P.M.C. 5.20.068, and the City Clerk has received the recommendations of the Chief of Police. The City Clerk shall notify the Chief of Police whenever a caterer’s license has been issued by the City Clerk and forward a copy of the license and application to the Chief of Police.

 

(History: Ord. CDC-3369 §17, 2022)

Effective on: 1/1/1901

5.20.140 Removal from the Licensed Premises.

  1. A.
    Subject to the rights conferred by subparagraphs B and C below, no person shall remove any drink of alcoholic liquor or cereal malt beverage from premises licensed as a club, drinking establishment, or public venue or from a caterer's premises, or from premises licensed pursuant to a temporary permit. 
  2. B.
    Legal patrons of a Club or a drinking establishment may remove Alcoholic Liquor or Cereal Malt Beverage from the licensed premises in one or more containers, including in the original unopened container, subject to the following conditions:
    1. 1.
      It must be otherwise legal for the licensee to sell the alcoholic liquor or cereal malt beverage;
    2. 2.
      each container of alcoholic liquor or cereal malt beverage must have been purchased by a patron of the licensed premises;
    3. 3.
      the licensee or the licensee’s employee must provide the patron with a dated receipt for the alcoholic liquor or cereal malt beverage; 
    4. 4.
      before any container of alcoholic liquor or cereal malt beverage is removed from the licensed premises, the licensee or the licensee’s employee must securely reseal any opened containers, and place the container in a tamper-proof, transparent bag that is sealed in a manner that makes it visibly apparent if the bag is subsequently tampered with or opened;
    5. 5.
      no original unopened containers of spirits may be removed from the licensed premises; and
    6. 6.
      no alcoholic liquor or cereal malt beverage may be removed from the licensed premises after 11:00 p.m. unless such alcoholic liquor is wine that was purchased and partially consumed on the licensed premises.
  3. C.
    A patron may remove one or more containers of beer, domestic beer and cereal malt beverage that are sold on the licensed premises to consumers and served in refillable and sealable containers for consumption off the licensed premises if such containers:
    1. 1.
      Contain between 32 and 54 fluid ounces; 
    2. 2.
      have a label affixed that clearly indicates the licensee's name and the type of alcoholic beverage contained in such container; and
    3. 3.
      are not sold or removed from the premises after 11:00 p.m. 

(History: Ord. CDC-3369 §18, 2022; Ord. CDC-3172 §2, 2017; CDC-2629 §1, 2006; CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-2653)

Effective on: 1/1/1901

5.20.145 Rights of Clubs; Membership

  1. A.
    A Class A Club license shall allow the licensee to offer for sale, sell and serve Alcoholic Liquor and Cereal Malt Beverage for consumption on the licensed premises by members, their families and guests accompanying them and to any reciprocal member as provided by Article 26 of Chapter 41 of Kansas Statutes Annotated, and amendments thereto.
  2. B.
    A Class A Club license shall allow the licensee to offer for sale, sell, and serve Alcoholic Liquor for consumption on the licensed premises by individuals other than members of the licensee, their families or guests during an event as provided in Article 26 of Chapter 41 of the Kansas Statutes Annotated, and amendments thereto.
  3. C.
    A Class B Club license shall allow the licensee to offer for sale, sell, and serve Alcoholic Liquor or Cereal Malt Beverage for consumption on the licensed premises by members and guests accompanying them and to any reciprocal member as provided in Article 26 of Chapter 41 of the Kansas Statutes Annotated, and amendments thereto. 

(History: Ord. CDC-3369 §19, 2022; Ord. CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-2637)

Effective on: 1/1/1901

5.20.148 Rights of Public Venues.

  1. A.
    A license for a public venue shall allow the licensee to:
    1. 1.
      Offer for sale, sell and serve Alcoholic Liquor or Cereal Malt Beverage by the individual drink for consumption on the licensed premises;
    2. 2.
      Offer for sale, sell and service unlimited drinks for a fixed price in designated areas of the licensed premises;
    3. 3.
      Offer for sale and sell all-inclusive packages that include unlimited drinks in designated areas of the licensed premises;
    4. 4.
      Offer for sale, sell and serve Alcoholic Liquor or Cereal Malt Beverage in the original container for consumption on the licensed premises in private suites that are enclosed or semi-enclosed seating areas, having controlled access and separated from the general admission areas by a permanent barrier; and
    5. 5.
      Store, in each private suite that is enclosed or semi-enclosed seating area, heaving controlled access and separated from the general admission areas by a permanent barrier, Alcoholic Liquor or Cereal Malt Beverage sold in the original container to a customer in that private suite. 
  2. B.
    The term designated areas for purposes of this section means an area identified in the license application, which may include suites, that has controlled access and is separated from the general admission by a barrier. 

 

(History: Ord. CDC-3369 §20, 2022)

Effective on: 1/1/1901

5.20.150 Certain Sales Practices Prohibited; Penalties.

  1. A.
    No Licensee nor any person acting as an employee or agent thereof, shall:
    1. 1.
      Offer or serve any free cereal malt beverage or alcoholic liquor in any form to any person;
    2. 2.
      Offer or serve to any person an individual drink at a price that is less than the acquisition cost of the drink to the licensee or permit holder;
    3. 3.
      Sell, offer to sell or serve to any person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the general public or to the general membership of a club;
    4. 4.
      Encourage or permit, on the licensed premises, any game or contest which involves drinking alcoholic liquor or cereal malt beverage or the awarding of individual drinks as prizes; 
    5. 5.
      Sell, offer to sell or serve free of charge any form of powdered alcohol, as defined in K.S.A. 41-102, and amendments thereto; or 
    6. 6.
      Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections A(1) through (5);
  2. B.
    No public venue, nor any person acting as an employee or agent thereof, shall: 
    1. 1.
       Offer or serve any free Cereal Malt Beverage or Alcoholic Liquor in any form to any person;
    2. 2.
      Offer or serve to any person a drink or original container of Alcoholic Liquor or Cereal Malt Beverage at a price that is less than the acquisition cost of the drink or original container of Alcoholic Liquor or Cereal Malt Beverage to the licensee;
    3. 3.
      Sell or serve Alcoholic Liquor in glass containers to customers in the general admission area;
    4. 4.
      Sell or serve more than two drinks per customer at any one time in the general admission area;
    5. 5.
      Encourage or permit, on the licensed premises, any game or contest which involves drinking Alcoholic Liquor or Cereal Malt Beverage or the awarding of drinks as prizes;
    6. 6.
      Sell, offer to sell or serve free of charge any form of powdered alcohol; or
    7. 7.
      Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections (b)(1) through (6).
  3. C.
    A Public Venue, Club, Drinking Establishment, Caterer or holder of a Temporary Permit may: 
    1. 1.
      Offer free food or entertainment at any time;
    2. 2.
      Sell or deliver wine by the bottle or carafe;
    3. 3.
      Sell, offer to sell and serve individual drinks at different prices throughout any day; 
    4. 4.
      Sell or serve beer, cereal malt beverage or mixed alcoholic beverage in a pitcher;
    5. 5.
      Offering samples of alcohol liquor or cereal malt beverage free of charge as authorized by Articles 12 and 26 of Chapter 41 of Kansas Statutes Annotated, and amendments thereto; or
  4. D.
    A public venue, club or drinking establishment may offer customer self-service of beer or wine, or both from automated devices on licensed premises as authorized by K.S.A. 41-2640, and amendments thereto.
  5. E.
    Violation of any provision of this Section is a misdemeanor and punishable by a fine of not more than $500 or imprisonment not to exceed six months or by both such fine and imprisonment.
  6. F.
    Violation of any provision of this act shall be grounds for license suspension or revocation.
  7. G.
    For the purposes of this section:
    1. 1.
       Day means from 6:00 a.m. until 2:00 a.m. the following calendar day;
    2. 2.
      Mixed Alcoholic Beverage means a beverage that is made by combining Alcoholic Liquor with a non-alcoholic liquid or other edible substance and that is comprised of at least 25%non-alcoholic liquid or other edible substance, including, but not limited to, margarita, sangria, daiquiri or mojito; and
    3. 3.
      Pitcher means any container that is capable of containing more than 32 fluid ounces but not more than 64 fluid ounces that is used to serve Alcoholic Liquor or Cereal Malt Beverage to one or more individuals.

(History: Ord. CDC-3369 §21, 2022; Ord. CDC-3241 §8, 2019; Ord. CDC-1653A §1, 91; CDC-1653 §1, 90) (State Law: K.S.A. 41-2640)

Effective on: 1/1/1901

5.20.155 Penalty for Violation.

Any person violating any provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $50.00 and not more than $500.00 or imprisonment not to exceed 6 months or both such fine and imprisonment unless otherwise provided herein.

(History: Ord. CDC-3369 §22, 2022; Ord. CDC-1653A §1, 91; CDC-1653 §1, 90)

Effective on: 1/1/1901

5.20.160 Separability.

If any part or parts of this ordinance shall be held to be invalid, such invalidity shall not affect the validity of the remaining parts of this ordinance. The governing body hereby declares that it would have passed the remaining parts of this ordinance if it had known that such part or parts thereof would be declared invalid.

(History: Ord. CDC-1653A §1, 91; CDC-1653 §1, 90; PCOT-1322 §4, 85)[Source or prior law: 5.20.040]

Effective on: 1/1/1901

5.20.165 Savings Clause.

Neither the adoption of this ordinance nor the repeal or amendment of any ordinance or part or portion thereof shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.

(History: Ord. CDC-1653A §1, 91; CDC-1653 §1, 90; PCOT-1322 §5, 85)[Source or prior law: 5.20.050]

Effective on: 1/1/1901