Title 11 - Peace, Morals and Safety

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