Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.

(a)   Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted, whatever the origin thereof, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol.

(b)   Alcoholic Liquor or Alcoholic Beverage. Includes the alcoholic varieties of liquor as defined in K.S.A. 41-102, namely alcohol, alcoholic liquor, spirits, wine and beer and every liquid or solid, patented or not, containing alcohol, alcoholic liquor, spirits, wine or beer, and capable of being consumed as a beverage by a human being, but does not include any beer or cereal malt beverage.

(c)   Cereal Malt Beverage means any fermented but undistilled liquor brewed or made from a malt or a mixture of malt or malt substitute, but shall not include any such liquor which contains more than six percent (6%) of alcohol by weight.

(d)   Spirits mean any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whisky, gin, or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.

(e)   Wine means any alcoholic beverage obtained by the normal alcoholic fermentation of the juice of sound, ripe grapes, fruits or berries, or other agricultural products, including such beverages containing added alcohol or spirits, as above defined, or containing sugar added for the purpose of correcting natural deficiencies.

(f)   Class “A” Club means a premises owned or leased and operated by a corporation, partnership, business trust or association for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates (hereinafter referred to as members), their families and invited and accompanied guests, and which is not operated for a profit other than such as would accrue to the entire membership. A corporation, partnership, business trust, or association not operated for a profit, for the purposes of the definition of a class “A” club shall only include such a corporation partnership, business trust, or association which has been determined by the director to be a bona fide nonprofit social, fraternal or war veterans’ club.

(g)   Class “B” Club means a premises operated for profit by a corporation, partnership or individual, known as the management, to which premises management allows persons, known as members, to resort for the consumption of food or alcoholic beverages and for entertainment. As a prerequisite for attaining membership, the management must screen the applicants for good moral character. No membership may be granted within 10 days of the application therefor. Each membership must be renewable annually upon payment of the annual dues of at least $10, but any such club located on the premises of a hotel as defined in K.S.A. 36-501 may establish rules whereby guests registered at the hotel, who are not residents of the county in which the club is located, may file application for temporary membership in the club, which membership, if granted, shall only be valid for the period of time that they are a bona fide registered guest at the hotel. The temporary membership shall not be subject to the waiting period or dues requirement contained in this section.

(h)   General Retailer means a person who has a license to sell cereal malt beverages at retail.

(i)    Legal Age for Consumption means the minimum age established by the State of Kansas for the lawful consumption of cereal malt beverages, specifically: (a) 19 years of age with respect to persons born before July 1, 1966; and (b) 21 years of age with respect to persons born on or after July 1, 1966.

(j)    Limited Retailer means a person who has a license to sell cereal malt beverages at retail only in original and unopened containers and not for consumption on the premises.

(k)   Place of Business. Any place at which cereal malt beverages or alcoholic beverages or both are sold.

(l)    Restaurant means a licensed food service establishment, as defined by K.S.A. 36-501 and amendments thereto, which derives not less than 50% of its gross receipts in each calendar year from the sale of food for consumption on the premises.

(m)  Sale at Retail and Retail Sales means sales for use or consumption and not for resale in any form.

(n)   Tavern means any business establishment deriving in any one month of the calendar year 50% or more of its gross revenues from the sale of cereal malt beverages.

(o)   Wholesaler or distributor. Any individuals, firms, partnerships, corporations and associations which sell or offer for sale any beverage referred to in this chapter, to persons, partnerships, corporations and associations authorized by this chapter to sell cereal malt beverages at retail.

(p)   Private Club means an organization licensed to which the club members shall be permitted to resort for the purpose of consuming alcoholic liquor.

(Ord. 779, Secs:3:4; Code 1987; Ord. 1118; Code 2021)

(a)   It shall be unlawful for any person to sell, serve or dispense any cereal malt beverage or alcoholic beverage in any public place not licensed to sell, serve or dispense such beverage at such public place within or under the jurisdiction of the city.

(b)   It shall be unlawful for any person to drink or consume any cereal malt beverage or alcoholic beverage in any public place not licensed to sell and serve such beverage for public consumption at such public place within or under the jurisdiction of the city.

(c)   Except for Kluender Park during times designated by the governing body (as part of a Recreation Commission sponsored slow pitch soft ball tournament, and solely as to participants in the tournament), for purposes of this section, the term “public place “shall include but not be limited to upon any street, public thoroughfare, public parking lot or any privately owned parking area made available to the public generally, within any parked or driven motor vehicle situated in any of the aforesaid places or upon any property owned by the state or any governmental subdivision thereof unless such property is leased to others under K.S.A. 12-1740 et seq. If the property is being used for hotel or motel purposes or purposes incidental thereto or is owned or operated by an airport authority created pursuant to Chapter 27 of the Kansas Statutes Annotated.

(Ord. 677, Sec. 1:4; K.S.A. 41-719; Code 1987; Ord. 967; Code 2021)

(a)   No person shall transport in any vehicle upon a highway or street any cereal malt beverage or alcoholic beverage unless such beverage is:

(1)   In the original, unopened package or container, the seal of which has not been broken and from which the original cap or cork or other means of closure has not been removed;

(2)   In the locked, rear trunk or rear compartment or any locked outside compartment which is not accessible to any person in the vehicle while it is in motion or;

(3)   In the exclusive possession of a passenger in a vehicle which is a recreational vehicle as defined by K.S.A. 75-1212 or a bus as defined by K.S.A. 8-1406, who is not in the driving compartment of such vehicle or who is in a portion of such vehicle from which the driver is not directly accessible.

(b)   As used in this section “highway” and “street” have meanings provided by K.S.A.8-1424 and K.S.A. 8-1473 and amendments thereto.

(K.S.A. 41-804, 41-2719; Code 1987)

No person shall consume any cereal malt beverage or alcoholic beverage while operating any vehicle upon any street or highway.

(K.S.A. 41-719, 41-2720; Code 1987)

(a)   It shall be unlawful for any person to:

(1)   Display, cause or permit to be displayed, or have in possession, any fictitious, fraudulently altered, or fraudulently obtained identification card for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.

(2)   Display or represent any identification card not issued to such person as being his or her card for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.

(3)   Permit any unlawful use of an identification card issued to a person for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.

(4)   Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card or display or have in possession any such photograph, photostat, duplicate, reproduction or facsimile for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.

(b)   It shall be unlawful for any person to:

(1)   Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the sale, purchase or consumption of any alcoholic liquor.

(2)   Lend any identification card to or knowingly permit the use of any identification card by any person under the legal age for consumption for use in the sale, purchase or consumption of any cereal malt beverage.

(Code 1987)

(a)   It shall be unlawful for any person under the legal age for consumption to purchase or attempt to purchase any cereal malt beverage.

(b)   It shall be unlawful for any person under 21 years of age to purchase or attempt to purchase any alcoholic liquor.

(K.S.A. 41-715, 41-2721; Code 1987)