Title 11 - Peace, Morals and Safety

11.48 Intoxicating Liquor

11.48.100 Definitions and Identification Standards.

  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 confectionary product with an alcohol content greater than 0.5% alcohol by volume; and (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.

    Caterer means an individual, partnership or corporation that sells alcoholic liquor or cereal malt 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. 2020 Supp. 41-2729, and amendments thereto but does not include any such liquor which is more than 3.2% 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 corporate stockholders, partners, trust beneficiaries or associates (hereinafter referred to as "members"), and their families and guests accompanying them, as provided in OPMC Chapter 5.20 and 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. (See K.S.A. 41-2601(f))

Effective on: 1/1/1901

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

Effective on: 1/1/1901

  1. J.

    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. Drinking establishment includes a railway car. (See K.S.A. 41-2601(h))

Effective on: 1/1/1901

  1. K.
    Drinking Establishment Caterer means a license holder who holds all of the rights and privileges of a Drinking Establishment licensee, and a licensed Caterer, subject to all provisions of law relating to the Drinking Establishment or a Caterer. (See K.S.A. 41-2644)

Effective on: 1/1/1901

  1. L.

    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 litre; 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. 41-41-102(p))

Effective on: 1/1/1901

  1. M.
    Hotel has the meaning ascribed to it by K.S.A. 36-501 and amendments thereto. (See K.S.A. 41-2601(k))

Effective on: 1/1/1901

  1. N.
    Intoxicating Liquors as used in this chapter shall mean any alcoholic liquor or cereal malt beverage as defined herein.

Effective on: 1/1/1901

  1. O.
    Legal age for consumption of intoxicating liquor means 21 years of age. (See K.S.A. 41-2701(h))

Effective on: 1/1/1901

  1. P.
    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. Q.
    Person includes individuals, firms, partnerships, corporations, trusts and associations.

Effective on: 1/1/1901

  1. R.
    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. S.
    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 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. POC-3367 §1, 2022; Ord. POC-3258 §1, 2019; Ord. POC-3243 §2, 2019; Ord. POC-3171 §1, 2017; POC-3016 §1, 2013; POC-2941 §1, 2011; POC-2915 §1, 2011; POC-2821 §4, 2009; POC-2742 §2, 2008; POC-2654 §1, 2007; POC-2589 §1, 2005; POC-2561 §1, 2005; POC-2396 §1, 2002; POC-2209 §1, 2000; POC-2177 §1, 99; POC-2046 §1, 97; POC-2039 §1, 97; POC-2010 §1, 96; POC-1631 §6, 90; POC-1597 §2, 89; POC-1321 §7, 85; PO-84 §16; CMB-76E §1, 69; CMB-76C §1, 66; CMB-76 §11, 60) [Prior source of law: 5.12.110]

(State Law: K.S.A. 41-719; K.S.A. 41-1201)

Effective on: 1/1/1901