Title 5 - Business Licenses and Regulations

5.22.040 Regulations for Common Consumption Areas.

1. A.

   Common consumption areas must be clearly marked using a physical barrier or a clearly apparent line of demarcation to distinguish the area where consumption is allowed.

2. B.
   Every common consumption area shall have signs conspicuously posted identifying the boundaries of such area in a size and manner that provides notices to persons entering or leaving the area.  
3. C.

   Any public street, alley or other right-of-way within a common consumption area may, at the discretion of the Governing Body,​​​​​​​ be closed to vehicular traffic during the hours of the common consumption area. Alternative routes must be available for public, transit and emergency vehicles.

   1. 1.

      The CCA permit holder is responsible for placing any barricades, cones and signage necessary for any approved street closure and for promptly removing the same after the hours of the common consumption area.

   2. 2.

      A separate parade permit is not required for the closure of any public street, alley, sidewalk or other right-of-way in conjunction with the issuance of the CCA permit, provided that all applicable requirements of Chapter 12.16 (Parades) are met and incorporated into the requirements of the CCA permit.

4. D.

   Alcoholic liquor or cereal malt beverage consumed in a common consumption area must be served in a distinctive container that displays the licensee’s trade name, logo or other identifying mark that is unique to the licensee serving the alcoholic liquor or cereal malt beverage. Such container may not be a glass bottle, container or other vessel and must be distinctively different than the containers in which non-alcoholic drinks are served.

5. E.

   The CCA permit holder shall provide the City Clerk a copy of its state common consumption permit issued by the Director of Alcoholic Beverage Control (the “state permit”) within 10 business days of issuance. The CCA permit holder shall promptly notify the City Clerk within 5 business days of service of any administrative actions or amendments to the state permit. During the operation of common consumption area, the state permit must be maintained by the onsite manager/supervisor and made available upon request by a law enforcement officer or other city or state official.

6. F.

   Licensees immediately adjacent to or located within a common consumption area must receive permission to participate in the common consumption area from the Director of Alcoholic Beverage Control. Participating licensees shall notify the City Clerk of such approval, and shall post at all times a copy of documentation received from the Alcohol Beverage Control approving its participation. The CCA permit holder and the approved licensees shall notify the City Clerk of any change, deletion or addition of approved participating licensees of the common consumption area within 10 business days of any such change in approved licensees.

7. G.
   In addition to their licensed premises, one or more licensees that have requested and received permission to participate in a common consumption area may offer for sale, sell and serve alcoholic liquor or cereal malt beverage for consumption from one non-contiguous service area within the common consumption area, as designed and approved by the CCA permit holder. The licensee shall prominently display a copy of its drinking establishment license and the approval of the CCA permit holder at its non-contiguous area. 
8. H.

   The CCA permit holder and all approved licensees shall comply with all rules and regulations issued by the Director of the Alcoholic Beverage Control relating to the common consumption area.

9. I.

   A CCA permit is for the possession and consumption of alcoholic liquor and cereal malt beverage only. No sales of alcoholic liquor or cereal malt beverage may occur within the common consumption area, unless the sales are conducted by a licensed caterer in accordance with all requirements for a catered event, a separate temporary permit has been issued for the area, or a drinking establishment has been authorized by the permit holder to operate a non-contiguous service area in accordance with subsection F and state law. ^[3] (See K.S.A. 41-2659(e)(2))

10. J.

    No person shall possess, consume or be allowed by the CCA permit holder to possess or consume alcoholic liquor or cereal malt beverage within the common consumption area that was not sold or provided by either an adjacent drinking establishment participating in the common consumption area or a CCA permit holder (or its agent) with a caterer's license or a temporary liquor license for the common consumption area.

11. K.

    The CCA permit holder shall take all reasonable steps necessary to ensure that no consumption of alcoholic liquor or cereal malt beverage occurs in the common consumption area during the hours the common consumption area is not approved.

12. L.

    No alcoholic liquor or cereal malt beverage may be consumed inside motor vehicles while on a public street, alley, road or highway within a common consumption area.

13. M.

    No person shall remove or be allowed by the CCA permit holder to remove any alcoholic beverage or cereal malt beverage from inside the boundaries of a common consumption area.

14. N.

    The CCA permit holder shall promptly remove all alcoholic liquor or cereal malt beverage from the common consumption area at the end of the approved hours of operation.

15. O.

    The CCA permit holder shall be liable for violations of all liquor laws that occur within the approved common consumption area, including off the permit holder's premises, but within the common consumption area identified in the permit​​​​​​​; provided, however, it is not liable for violations involving the sale and consumption of alcohol liquor or cereal malt beverage that occur on the licensed premises of participating licensees.

16. P.

    Any licensee participating in a common consumption area shall be liable for all violations of liquor laws governing the sale and consumption of alcoholic liquor or cereal malt beverage that occur on the licensee’s premises.

17. Q.

    A CCA permit does not waive any requirement for a special event permit; and a special event permit does not waive any requirement for a CCA permit. If the common consumption area is to be included within an area approved for a special event, such area must be properly permitted for the sale of alcoholic liquor or cereal malt beverage during the special event. The issuance of a special event permit or CCA permit does not relieve a person from the obligation to obtain any other permit, license, or pay any additional fees required by the City for the temporary sale of alcoholic liquor and/or cereal malt beverage within the common consumption area.

     

    ^[3] Per the Alcoholic Beverage Control’s interpretation and application of K.S.A. 41-104.

(History: Ord. ABC-3411 §2, 2023; ​​​​​​​Ord. ABC-3368 §3, 2022; Ord. ABC-3215 §5, 2018)

Effective on: 1/1/1901