Title 11 - Peace, Morals and Safety

11.48.100 Definitions and Identification Standards.

11.48.110 Persons under 21 Years of Age - Possession, Consumption and Receiving Intoxicating Liquor - Prohibited.

1. A.
   No person under the age of 21 shall possess, consume, obtain, purchase or attempt to obtain or purchase any intoxicating liquor except as authorized by law.
2. B.
   This Section shall not apply to the possession and consumption of cereal malt beverage by a person under the age of 21 when the possession and consumption are permitted and supervised and the beverage is furnished by the person's parent or legal guardian.
3. C.
   Provided further, this Section shall not prohibit any person 18 or over from serving intoxicating liquor as permitted by K.S.A. 41-308a, 41-308b, 41-727a, 41-2610, 41-2652, 41-2704 or 41-2727, and amendments thereto, and subject to any rules and regulations adopted pursuant to such statutes.
4. D.
   Any person who is convicted of a violation of this Section or diverted in lieu of further criminal proceedings shall be required to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008 and amendments thereto and to pay a fee for such evaluation.
5. E.
   Violations of this Section is a class C violation and shall be punishable by a fine of not less than $200.00 and not more than $500.00. In addition, the Court may assess a jail sentence of not more than thirty days.
6. F.
   In addition to any other penalty provided for a violation of this section,

   1. 1.
      The court may order the offender to do either or both of the following:

      1. a.
         Perform 40 hours of public service; or
      2. b.
         Attend and satisfactorily complete a suitable education or training program dealing with the effects of alcohol or other chemical substances when ingested by humans; and
   2. 2.
      Upon a first conviction of a violation of this Section, the court shall order the division of vehicles to suspend the driving privileges of such offender for 30 days. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for 30 days whether or not the person has a driver’s license.
   3. 3.
      Upon a second conviction of a violation of this Section, the court shall order the division of vehicles to suspend the driving privileges of such offender for 90 days. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for 90 days whether or not the person has a driver’s license.
   4. 4.
      Upon a third or subsequent conviction of a violation of this Section, the court shall order the division of vehicles to suspend the driving privileges of such offender for one year. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for one year whether or not the person has a driver’s license.
7. G.
   A law enforcement officer may request a person under 21 years of age to submit to a preliminary screening test of the person's breath to determine if alcohol has been consumed by such person if the officer has reasonable grounds to believe that the person has alcohol in the person's body except that, if the officer has reasonable grounds to believe the person has been operating or attempting to operate a vehicle under the influence of alcohol, the provisions of K.S.A. 8-1012, and amendments thereto, shall apply. No waiting period shall apply to the use of a preliminary breath test under this subsection. If the person submits to the test, the results shall be used for the purpose of assisting law enforcement officers in determining whether to charge a violation of this Section. A law enforcement officer may charge a person based in whole or in part upon the results of a preliminary screening test. Such results or a refusal to submit to a preliminary breath test shall be admissible in court in any criminal action, but are not per se proof that the person has violated this Section. The person may present to the court evidence to establish the positive preliminary screening test was not the result of a violation of this Section.
8. H.
   A person and, if applicable, one or two other persons acting in concert with such person are immune from criminal prosecution for a violation of this Section prohibiting the acts prohibited by this Section, if such person:

   1. 1.
      (a) Initiated contact with law enforcement or emergency medical services and requested medical assistance on such person’s behalf because such person reasonably believed such person was in need of medical assistance; and (b) cooperated with emergency medical services personnel and law enforcement officers in providing such medical assistance;
   2. 2.
      (a) Initiated contact with law enforcement or emergency medical services, or was one of one or two other persons who acted in concert with such person, and requested medical assistance for another person who reasonably appeared to be in need of medical assistance; (b) provided their full name, the name of one or two other persons acting in concert with such person, if applicable, and any other relevant information requested by law enforcement or emergency medical services; (c) remained at the scene with the person who reasonably appeared to be in need of medical assistance until emergency medical services personnel and law enforcement officers arrived; and (d) cooperated with emergency medical services personnel and law enforcement officers in providing such medical assistance; or
   3. 3.
      (a) Was the person who reasonably appeared to be in need of medical assistance as described in subsection H(2), but did not initiate contact with law enforcement or emergency medical services; and (b) cooperated with emergency medical services personnel and law enforcement officers in providing such medical assistance.
9. I.
   A person shall not be allowed to initiate or maintain an action against a law enforcement officer, or the City, based on the officer’s compliance or failure to comply with subsection H.

(History: Ord. POC-3367 §2, 2022; Ord. POC-2751 §1, 2008; POC-2500 §1, 2004; POC-2311 §1, 2001; POC-2200 §1, 99; POC-1631 §2, 90; POC-1597 §1, 89; POC-1459 §2, 87; POC-1321 §2, 85; POC-625; POC-598) [Prior source of law: 5.12.120] (State Law: K.S.A. 41-727)

Effective on: 1/1/1901

11.48.120 Furnishing Intoxicating Liquor to Persons under the Age of 21.

1. A.
   Furnishing intoxicating liquor to persons under the age of 21 is recklessly, directly or indirectly, buying for or distributing, any intoxicating liquor to any person under the legal age for consumption of intoxicating liquor.
2. B.
   This section shall not apply to the furnishing of cereal malt beverage by a parent or legal guardian to such parent's child or such guardian's ward when such furnishing is permitted and supervised by the child's or ward’s parent or legal guardian.
3. C.
   This Section shall not apply to wine intended for use and used by any church or religious organization for sacramental purposes.
4. D.
   It shall be a defense to a prosecution under this Section if:

   1. 1.
      The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit, or an employee thereof;
   2. 2.
      The defendant sold the intoxicating liquor to the person under the age of 21 with reasonable cause to believe that such person was of legal age for consumption of intoxicating liquor; and
   3. 3.
      To purchase the intoxicating liquor, the person 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 person under the age of 21 and purporting to establish that such person was of legal age for consumption of intoxicating liquor.
5. E.
   Violation of this Section is a class B violation, for which a minimum fine is $200.00.

(History: Ord. POC-3367 §3, 2022; Ord. POC-2500 §2, 2004; POC-2200 §2, 99; POC-1801 §16, 93; POC-1631 §3, 90; POC-1459 §3, 87; POC-1321 §3, 85; CMB-1145 §5, 81; POC-625 §24; POC-598 §24; CMB-SM-179) (State Law: K.S.A. 21-5607)

Effective on: 1/1/1901

11.48.125 Unlawfully Hosting Persons under the Age of 21 Consuming Intoxicating Liquors.

1. A.
   Unlawfully hosting persons under the age of 21 consuming intoxicating liquors is recklessly permitting a person’s residence or any land, building, structure, or room owned, occupied or procured by such person to be used by an invitee of such person or an invitee of such person’s child or ward, in a manner that results in the unlawful possession or consumption therein of alcoholic liquor or cereal malt beverages by a minor.
2. B.
   Violation of this Section shall be a class A violation, provided that the minimum fine imposed shall be not less than $1,000.00. If the court sentences the offender to perform community or public service work as a condition of probation, as described in O.P.M.C. Section 2.33.294(e)(10), the court shall consider ordering the offender to serve the community or public service at an alcohol treatment facility.

(History: Ord. POC-3367 §4, 2022, Ord. POC-2821 §3, 2009; POC-2665 §3, 2007; POC-2620 §10, 2006; POC-2500 §3, 2004) (State Law: K.S.A. 21-5608)

Effective on: 1/1/1901

11.48.150 Sale of Intoxicating Liquor to Incapacitated Persons.

No person shall knowingly sell, give away, dispose of, procure, exchange or deliver, or permit the sale, gift or procuring of any intoxicating liquor to or for any person who is an incapacitated person, or any person who is physically or mentally incapacitated by the consumption of drugs or intoxicating liquors.

Violation of this Section is a code violation punishable by a fine of not less than $100.00 and not exceeding $250.00 or imprisonment not exceeding 30 days, or both.

(History: Ord. POC-3367 §5, 2022, Ord. POC-1631 §5, 90; POC-1321 §6, 85) (State Law: K.S.A. 41-715)

Effective on: 1/1/1901

11.48.155 Unlawful Act Concerning Alcohol Without Liquid Machine

1. A.
   It shall be unlawful for any person to knowingly:

   1. 1.
      Use any alcohol without liquid machine to inhale alcohol vapor or otherwise introduce alcohol in any form into the human body; or
   2. 2.
      Purchase, sell or offer for sale an alcohol without liquid machine.
2. B.
   Violation of this Section is a class A violation. 
3. C.
   As used in this Section, alcohol without liquid machine means a device designed or marketed for the purpose of mixing alcohol with oxygen or another gas to produce a mist for inhalation for recreational purposes.

(History: Ord. POC-3367 §6, 2022; Ord. POC-2565 §1, 2005) (State Law: K.S.A. 21-6321)

Effective on: 1/1/1901

11.48.160 Intoxicating Liquor in Public Places - Unlawful Acts.

Except as otherwise provided herein and in Section 106 of the Standard Traffic Ordinance, 53rd Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas and amendments thereto, it is unlawful for any person to sell, serve, dispense, drink or consume any intoxicating liquor in or upon any public street, road, highway, avenue, alley or sidewalk, public way, public or private parking lot, or upon any public property, or within any vehicle in or upon any such place. In addition, it is unlawful for any person to possess in any such place, any open container of intoxicating liquor. Provided, however:

1. A.

   The Governing Body may authorize the sale and consumption of cereal malt beverages and low-alcohol beer on public property pursuant to a valid application being submitted to said body and when said body determines that such activity would not be detrimental to the health, safety, and morals of the community.

2. B.

   Intoxicating liquor may be sold, served, dispensed and consumed in or on designated street, alley, road, highway, parking or sidewalk areas of a licensed premises if title to the public area lies with the City and the licensee has received authorization to expand the premises from Kansas Alcohol Beverage Control, has received authorization from the Governing Body pursuant to the provisions of O.P.M.C. Section 5.20.075, and amendments thereto, and the licensee is complying with the provisions of that Section.

3. C.

   Intoxicating liquor may be sold, served, dispensed and consumed on the Corporate Woods Founder’s Park during the Jazz Festival and the July 4th celebration provided the sale, serving, dispensing and consumption shall be in accordance with the written standards approved by the Director, Parks and Recreation Services.

4. D.

   Cereal malt beverages, beer and wine as those terms are defined in O.P.M.C. Section 11.48.100, and amendments thereto, may be sold, served, dispensed and consumed at the Overland Park Fire Training Facility located at 12401 Hemlock, Overland Park, Kansas, in conjunction with professional and social events authorized by the Director of the Overland Park Fire Training Facility.

5. E.

   Intoxicating liquor may be sold, served, dispensed and consumed on the Sykes/Lady Overland Park Golf Complex, including the Westlinks Course, located at 12501 Quivira Road and the St. Andrews Golf Course located at 11099 W. 135th Street, Overland Park, Kansas, provided the sale, serving, dispensing and consumption of intoxicating liquor shall be in accordance with written standards approved by the Director, Parks and Recreation Services.

6. F.

   Intoxicating liquor may be sold, served, dispensed and consumed on real property leased by the City to others under the provisions of K.S.A. 12-1740 through 12-1749, and amendments thereto, provided such real property is actually being used for hotel or motel purposes or purposes incidental thereto.

7. G.

   Intoxicating liquor may be sold, served, dispensed and consumed on any property that is located within the corporate limits of the City and is under the control of the Kansas State Board of Regents and the Board of Regents has exempted said property from the provisions of K.S.A. 41-719, and amendments thereto, and the property is not being used for classroom instruction.

8. H.

   Intoxicating liquor may be sold, served, dispensed and consumed on the premises of the Overland Park Arboretum, provided the sale, serving, dispensing and consumption of these beverages shall be in accordance with written standards approved by the Director, Parks and Recreation Services.

9. I.

   Intoxicating liquor may be sold, served, dispensed and consumed on the land platted as Convention Center Plaza in the City of Overland Park, Kansas, in accordance with and to the extent allowed by the written standards relating to intoxicating liquor promulgated by the City Manager or the City Manager's designees.

10. J.

    Cereal malt beverages, beer and wine may be sold, served, dispensed and consumed on the premises of the Kemper Farm Property, provided the sale, serving, dispensing and consumption of those beverages shall be in accordance with written standards approved by the Director, Parks and Recreation Services.

11. K.

    Intoxicating liquor may be sold, served, dispensed and consumed at the City of Overland Park Community Centers, in accordance with written standards approved by the Director, Parks and Recreation Services.

12. L.

    Intoxicating liquor may be sold, served, dispensed and consumed at the Deanna Rose Farmstead provided the sale, serving, dispensing and consumption shall be in accordance with written standards approved by the Director, Parks and Recreation Services.

13. M.

    Intoxicating liquor may be sold, served, dispensed and consumed in the food court area at the Overland Park Soccer Complex provided the sale, serving, dispensing and consumption shall be in accordance with written standards approved by the Director, Parks and Recreation Services.

14. N.

    Intoxicating liquor may be sold, served, dispensed and consumed within the boundaries of the Thompson Park in accordance with and to the extent allowed by the written standards approved by the Director, Parks and Recreation Services.

15. O.

    Intoxicating liquor may be sold, served, dispensed and consumed on grounds of the downtown Clock Tower area and the Farmer's Market area provided the sale, serving, dispensing and consumption shall be in accordance with the written standards approved by the Director, Parks and Recreation Services.

16. P.

    Consumption on public streets, alleys, roads, sidewalks or highways.

    1. a.
       Intoxicating liquor may be consumed on public streets, alleys, roads, sidewalks, parking areas, or highways when:

       1. i.
          A temporary permit has been issued pursuant to O.P.M.C. Section 5.20.078 and amendments thereto, for an event if the Governing Body has approved by ordinance or resolution the event and the consumption of intoxicating liquor on such public streets, alleys, roads, sidewalks, parking areas, or highways, provided: a) the Governing Body 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. (See K.S.A. 41-719(a)(2)(A) and K.S.A. 41-1201(f)(1))

          1. 1.
             Drinking establishments that are immediately adjacent to, or located within the licensed premises of an event, for which a temporary permit has been issued and the consumption of intoxicating liquor on public property has been approved, may request that the drinking establishment's licensed premises be extended into and made a part of the licensed premises of the event for the duration of the temporary permit issued for such event. (See K.S.A. 41-1201(f)(2))
          2. 2.
             Each licensee selling intoxicating liquor for consumption on the premises of an event for which a temporary permit has been issued shall be liable for violations of all laws governing the sale and consumption of intoxicating liquor. (See K.S.A. 41-1201(f)(3))
       2. ii.
          A licensed caterer selling, serving and dispensing intoxicating liquor on public property listed herein has received authorization from Kansas Alcohol Beverage Control and from the Governing Body pursuant to O.P.M.C. Section 5.20.136, and amendments thereto, and complies with the provisions of that Section. (See K.S.A. 41-719(a)(2)(B))
       3. iii.
          The Governing Body has adopted an ordinance or resolution pursuant to O.P.M.C. Section 5.20.075, and amendments thereto, extending the licensed premises into a street, alley, road, sidewalk, parking area, or highway that is closed to motor vehicle traffic at any time during which alcoholic liquor is to be sold or consumed. (See K.S.A. 41-719(a)(2)(C) and K.S.A. 41-2608(c))
    2. b.
       No person shall remove any intoxicating liquor from inside the boundaries of an event approved by the governing body, from the boundaries of a catered event, or from the extended licensed premises of a public venue, hotel, hotel caterer, club, drinking establishment caterer or drinking establishment. No intoxicating liquor may be consumed inside vehicles while on public streets, alleys, roads or highways at any time. (See K.S.A. 41-719(a)(3)-(a)(4))
17. Q.

    Intoxicating liquor may be consumed within common consumption areas designated by the City on public streets, alleys, roads, sidewalks, parking areas, parking lots, or highways pursuant to Section 5.22, and amendments thereto, except that no intoxicating liquor may be consumed inside vehicles while on public streets, alleys, roads, parking areas, parking lots or highways within a common consumption area. Further, no person shall remove any intoxicating liquor from inside the boundaries of the common consumption area which shall be clearly marked using a physical barrier or a clearly apparent line of demarcation.

18. R.

    Any person under the age of 21 who is convicted of a violation of this Section or diverted in lieu of further criminal proceedings shall be required to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee for such evaluation.

(History: Ord. POC- 3529, §4, 2026; Ord. POC-3505 §2; Ord. POC-3393 §1, 2022; Ord. POC-3367 §7, 2022; Ord. POC-3364 §1, 2022; Ord. POC-3258 §2, 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; K.S.A. 41-2608)

Effective on: 1/1/1901

11.48.162 Prohibited Hours.

Effective on: 1/1/1901

11.48.165 Penalty.

Unless a specific penalty is otherwise provided, the court may order the offender to attend an alcohol and drug education program.

(History: Ord. POC-3017 §1, 2014; POC-3017 §1, 2013; POC-2200 §3, 99; POC-1631 §7, 90)

Effective on: 1/1/1901