Title 5 - Business Licenses and Regulations

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