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) Cereal Malt Beverage means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor which is more than 3.2 percent alcohol by weight.
(d) Beer means cereal malt beverage as that term is defined in K.S.A. 41-102, 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) On-Premises Retailer means a person who has a license to sell cereal malt beverages or beer at retail.
(i) Off-Premises Retailer means a person who has a license to sell cereal malt beverages or beer at retail only in original and unopened containers and not for consumption on the premises.
(j) Place of Business. Any place at which cereal malt beverages, beer or alcoholic beverages are sold.
(k) Wholesaler or distributor. Any individuals, firms, co-partnerships, corporations and associations which sell or offer for sale any beverage referred to in this chapter, to persons, co-partnerships, corporations and associations authorized by this chapter to sell cereal malt beverages or beer at retail.
(Code 1987; Ord. 1655)
It shall be unlawful for any person to sell, serve, dispense, drink or consume any cereal malt beverage, beer or 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, privately owned public parking lot or 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. 1198; Code 1984; Ord. 1655)
(a) No person shall transport in any vehicle upon a highway, street or privately owned public parking lot any cereal malt beverage, beer 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.
(Ord. 1198; Code 1984; Ord. 1655)
No person shall consume any cereal malt beverage, beer or alcoholic beverage while operating any vehicle upon any street or highway.
(K.S.A. 41-2720; Ord. 1075; Ord. 1198; Code 1984; Ord. 1655)
(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 as being his or her card.
(4) Permit any unlawful use of an identification card issued to such person.
(5) 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.
(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 purchase 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 purchase of any cereal malt beverage or beer.
(Code 1987; Ord. 1655)
It shall be unlawful for any person under 21 years of age to represent that he or she is of age for the purpose of purchasing or attempting to purchase any cereal malt beverage or beer, or attempt to purchase or purchase cereal malt beverage or beer from any person. No person under 21 years of age shall have any cereal malt beverage or beer in his or her possession.
(Code 1987; Ord. 1655)