Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this article, 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, sprits, 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 containing not more than three and two-tenths percent (3.2%) of alcohol by weight.
(c) Place of Business. Any place at which alcoholic beverages are sold.
(d) 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.
(e) Sale at Retail and Retail Sales means sales for use or consumption and not for resale in any form.
(f) 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 retain.
(Code 2005, 2-200s; Code 2020)
It shall be unlawful for any person to sell, serve, dispense, drink or consume any alcoholic beverage in any public place not licensed to sell such beverages within or under the jurisdiction of the city or upon any street, public thoroughfare or property owned by the state or any governmental subdivision thereof unless such 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.
(Code 2005, 2-200s; Code 2020)
(a) No person shall transport in any vehicle upon a highway or street any alcoholic beverage unless such beverage is;
(1) In the original, unopened package or container, the seal of which has not been broken 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 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. 41-2719; Code 2005, 2-200s; Code 2020)
No person shall consume any alcoholic beverage while operating any vehicle upon any street or highway.
(K.S.A. 41-2720; Code 2005, 2-200s; Code 2020)
(a) It shall be unlawful for any person to:
(1) Display, cause or permit to be displayed, or have in possession, any cancelled, fictitious, fraudulently altered, or fraudulently obtained identification card.
(2) Lend any identification card to any other person or knowingly permit the use thereof by another.
(3) Display or represent any identification card not issued to such person.
(4) Permit any unlawful use of an identification card issued to such person.
(5) Do any forbidden or fail to perform any act required by this act.
(6) Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof is 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.
(b) It shall be unlawful for any person to lend any identification card to or knowingly permit the use of any identification card by any person under the age of 21 years of age for the use in the purchase of any alcoholic liquor.
(K.S.A. 41-2721; Code 2005, 2-200s; Code 2020)
(a) It shall be unlawful for any person to keep or sale, offer for sale, or expose for sale or sell any alcoholic liquor as defined by the “Kansas Liquor Control Act” without first having obtained a state license to do so.
(b) The holder of a license for the retail sale in the city of alcoholic liquors by the package issued by the state director of alcoholic beverage control shall present such license to the city clerk when applying to pay the occupation tax levied in section 3-307 and the tax shall be received and a receipt shall be issued for the period covered by the state license.
(Code 2005, 2-200s; Code 2020)
There is hereby levied a biennial occupational tax of $600.00 on any person holding a license issued by the state director of alcoholic beverage control for the retail sale within the city of alcoholic liquors for consumption off the premises. The retailer shall pay such tax to the city clerk before business is begun under an original state license and shall be paid within five business days after any renewal of a state license.
(Code 2005, 2-200s; Code 2020)
Every licensee under this article shall cause the city alcoholic liquor retailer’s occupation tax receipt to be placed in plain view, next to or below the state license in a conspicuous place on the licensed premises.
(Code 2005, 2-200s; Code 2020)
No person shall sell at retail any alcoholic liquor:
(a) On the day of any national, state, county or city election, including primary elections, during the hours the polls are open within the political area in which such election is being held;
(b) On any Sunday;
(c) On Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
(d) Before 9:00 a.m. or after 11:00 p.m. on any day when the sale thereof is permitted.
(K.S.A. 41-712; K.S.A. 41-2911; Code 2005, 2-200s; Code 2020)
It shall be unlawful for a retailer of alcoholic liquor to:
(a) Permit any person to mix drinks in or on the licensed premises;
(b) Employ any person under the age of 21 years in connection with the operation of the retail establishment;
(c) Employ any person in connection with the operation of the retail establishment who has been adjudged guilty of a felony;
(d) Furnish any entertainment in his or her premises or permit any pinball machine or game of skill or chance to be located in or on the premises;
(e) Have in his or her possession for sale at retail any bottles, cask, or other containers containing alcoholic liquor, except in the original package.
(f) Sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person under 21 years of age.
(Code 2005, 2-200s; Code 2020)
(a) It shall be unlawful for any person under the age of 21 to represent that he or she is of age for the purpose of purchasing or attempting to purchase any alcoholic liquor, or attempt to purchase or purchase alcoholic liquor from any person. No person under the age of 21 shall have any alcoholic liquor in his or her possession.
(b) No person shall knowingly sell, give away, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person who is an incapacitated person, or any person who is physically or mentally incapacitated by the consumption of such liquor.
(Code 2005, 2-200s; Code 2020)