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 means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.
(c) Caterer means an individual, partnership or corporation which sells alcoholic liquor by the individual drink, and provides services related to the serving thereof, on unlicensed premises which may be open to the public, but does not include a holder of a temporary permit selling alcoholic liquor in accordance with the terms of such permit.
(d) Cereal Malt Beverage means cereal malt beverage as that term is defined in K.S.A. 41-2701, and amendments thereto, and such term shall include beer containing not more than 6% alcohol by volume when such beer is sold by a retailer licensed under the Kansas cereal malt beverage act.
(e) Class A Club means a premises which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide nonprofit social, fraternal or war veterans’ club, as determined by the State of Kansas, 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.
(f) 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
(g) Club means a Class A or Class B club.
(h) Drinking Establishment means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.
(i) General Retailer means a person who has a license to sell cereal malt beverages at retail.
(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) Temporary Permit means a permit, issued in accordance with the laws of the State of Kansas, which allows the permit holder to offer for sale, sell and serve alcoholic liquor for consumption on unlicensed premises, open to the public.
(m) Wholesaler or distributor. Any individuals, firms, copartnerships, corporations and associations which sell or offer for sale any beverage referred to in this chapter, to persons, copartnerships, corporations and associations authorized by this chapter to sell cereal malt beverages at retail.
(Ord. 19-1; Code 2021)
(a) No alcoholic liquor shall be sold by a person holding a license or permit from the city whose place of business or other premises are located within 200 feet of any school, college or church, said distance to be measured from the nearest property line of such school, college or church to the nearest portion of the building occupied by the premises; except that if any such school, college or church is established within 200 feet of any licensed premises after the premises have been licensed, the premises shall be an eligible location for retail licensing.
(b) The distance location of subsection (a) above shall not apply to a club, drinking establishment, restaurant, caterer or temporary permit holder.
(c) No license or permit shall be issued for the sale of alcoholic liquor if the building or use does not meet the zoning ordinance requirements of the city or conflicts with other city laws, including building and health codes.
(K.S.A. 41-710; Code 2021)
(a) It shall be unlawful for any person under the age of 21 years to remain on any premises where the sale of alcoholic liquor is licensed for on-premises consumption, or where a caterer or temporary permit holder is serving alcoholic liquor.
(b) It shall be unlawful for the operator, person in charge or licensee of any premises licensed for on-premises consumption of alcoholic liquor or a caterer or temporary permit holder who is serving alcoholic liquor to permit any person under the age of 21 years to remain on the premises.
(c) This section shall not apply if the person under the age of 21 years is accompanied by his or her parent or guardian, or if the licensed or permitted premises derives not more than 30 percent of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption.
(Code 2021)
(a) The following words and phrases, whenever used in this section, shall be construed as follows:
(1) 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.
(2) Alcoholic liquor means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.
(3) Beer 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.
(4) Andale City Park and its facilities means the Andale City Park and its facilities located between Andale Road, Sherman Street, Anderson Avenue and 4th Avenue, Andale, Kansas, more particularly described as follows:
Lots 1 through 36, Block 12 of the original plat of the City of Andale, Sedgwick County, Kansas.
(5) 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.
(6) 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.
(b) Except as provided in this section, it is unlawful for any person twenty-one (21) years of age or older to have in his/her possession any cereal malt beverage and/or alcoholic liquor, except in the original and unopened containers, or to consume any cereal malt beverages and/or alcoholic liquor in or upon, or inside or upon any vehicle in or upon, the public highways, roads, streets, alleys, sidewalks, parks, playgrounds, driveways or parking lots, whether the driveways or parking lots be public or private if they are open to and accessible to the members of the public within the city.
(c) Pursuant to the provisions of K.S.A. 41-719(d) and this section, the Andale City Park and its facilities or other City property may be exempted from the prohibitions on the drinking or consumption of alcoholic liquor on public property contained in K.S.A. 41-719(c) as well as those prohibitions concerning the drinking or consumption of alcoholic liquor on public property contained above by virtue of a temporary permit issued by the Governing Body of the City of Andale, Kansas in conjunction with a temporary alcoholic liquor sales permit issued by the state of Kansas pursuant to the provisions of K.S.A. 41-2645(a).
(1) Any temporary permit issued pursuant to this section shall not exceed the length of the temporary sales permit issued by the state of Kansas pursuant to the provisions of K.S.A. 41-2645(a) and shall be issued to a specific person, individually or on behalf of a group or organization.
(2) Any such temporary permit shall be signed, sealed and issued in writing by the City of Andale, Kansas and shall specify the exact dates and hours of the permit, describe the exact area of the Andale City Park and its facilities or other City property exempted by the permit and contain such additional conditions as deemed prudent by the Governing Body of the City of Andale, Kansas.
(d) The person receiving a temporary permit pursuant to this section shall conspicuously post the permit within the area of the Andale City Park and its facilities exempted by the permit during the entire time the permit is in effect.
(e) The Andale Police Department shall be responsible for enforcing the provisions of this section and the terms and conditions of all temporary permits issued hereunder within the City of Andale, Kansas, but nothing in this section shall be interpreted to prohibit any other person who would otherwise be lawfully entitled to enforce other alcoholic liquor and cereal malt beverage laws which are not effected by provisions of this section from taking enforcement action.
(f) It shall be unlawful for any person receiving a temporary permit pursuant to this article to fail to comply with the posting provisions of this section.
(g) It shall be unlawful for any person to fail to comply with any term or condition of any temporary permit issued pursuant to this section.
(h) Violation of any provision of this section is a class C misdemeanor.
(K.S.A. Supp. 41-719; Ord. 81-5; Ord. 81-6; Ord. 83-8; Ord. 9-15; Ord. 16-3; 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) For purposes of this section, the term “public place” shall include 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.
(K.S.A. 41-719; Code 2021)
(a) It shall be unlawful for any person to 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 2021)
It shall be unlawful for any person to 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 2021)
(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 21 years of age for use in the sale, purchase or consumption of any cereal malt beverage.
(Code 2021)
(a) It shall be unlawful for any person under 21 years of age 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. Supp. 41-727; Ord. 90-4; Code 2021)