Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for 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.
(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 premise 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 public, where alcoholic liquor by the individual drink is 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.
(Code 2019)
(a) No alcoholic liquor shall be sold or served by a person holding a license or permit from the city whose place of business or other premises are located within 300 feet of any church, school, nursing home, library, hospital, said distance to be measured from the nearest property line of such church, school, nursing home, library, hospital, to the nearest portion of the building occupied by the premises.
(b) The distance location of subsection (a) above shall not apply to a club, drinking establishment, caterer or temporary permit holder when the license or permit applicant petitions for and receives a waiver of the distance limitation from the governing body. The governing body shall grant such a waiver only following public notice and hearing and a finding by the governing body that the proximity of the establishment is not adverse to the public welfare or safety.
(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.
(Code 2019)
No person shall knowingly or unknowingly sell, give away, furnish, dispose of, procure, exchange or deliver, or permit the selling, giving away, furnishing, disposing of, procuring, exchanging or delivering of any alcoholic beverage in any building, structure or premises, for consumption in such building or upon such premises if such consumption is within 200 feet from the nearest property line of any existing hospital, school, church or library.
(K.S.A. 41-710; Code 2019)
(a) It shall be unlawful for any person to keep for 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 3-302 and the tax shall be received, and a receipt shall be issued for the period covered by the state license.
(Code 2019)
There is hereby levied a 2-year occupational tax of $300.00 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. Such tax shall be paid by the retailer to the city clerk before business is begun under an original state license and shall be paid within 5 days after any renewal of a state license.
(K.S.A. 41-310(l)(1); Ord. G-11-01; Code 2019)
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 2019)
No person shall sell at retail any alcoholic liquor:
(a) Pursuant to Kan. Stat. Ann. § 41-712 and subject to subparagraph (b), the sale of retail alcoholic liquor in the original package is allowed within the City as follows:
(1) Monday through Saturday between 9:00 a.m. and 11 :00 p.m.
(2) Sunday between the hours of 12:00 p.m. and 8:00 p.m.
(b) Pursuant to Kan. Stat. Ann. § 41-712, the sale of retail alcoholic liquor in the original package is prohibited on the following days:
(1) Easter Sunday;
(2) Thanksgiving Day;
(3) Christmas Day
(K.S.A. 41-712; K.S.A. 41-2911; Code 2019; Ord. G-20-01)
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 in or on the premises; or
(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 2019)
(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 2019)
Except as provided in subsection (a), it shall be unlawful for any person to possess an unopened container or to consume any cereal malt beverage or alcoholic liquor upon any sidewalk, public street, alley or any other public place within the city.
(a) Public consumption of cereal malt beverage and/or alcoholic liquor may be permitted as follows:
(1) upon public property if the governing body of the City of Plainville, Kansas, issues a “PUBLIC CONSUMPTION PERMIT” after the approval of a written application applying for the same. The application shall in part require the applicant to give the name of the applicant; the party responsible for the compliance with the permit; the exact time and date of the proposed consumption; the exact location of the proposed consumption; the application shall also require additional information and agreements; an application fee may be assessed, not to exceed $250.00, which may be waived. The permit may be canceled in writing at any time in the discretion of the Chief of Police or the captain of the police department of the City of Plainville Kansas.
No opened or unopened container of any cereal malt beverage or alcoholic liquor shall be thrown upon or otherwise deposited upon any public sidewalk, street, alley or parking of the city.
(Ord. G-13-02; Code 2019)
(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. 8-1599; Code 2019)
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 2019)
(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 2019)
(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; Code 2019)