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)   Common Consumption Area or “CCA” means a defined indoor or outdoor area not otherwise subject to a license issued pursuant to the Kansas Liquor Control Act or the Club and Drinking Establishment Act where the possession and consumption of alcoholic liquor or cereal malt beverage is allowed pursuant to a common consumption area permit issued by the Director.

(b)   Director means the State of Kansas, Division of Alcoholic Beverage Control.

(c)   Off-Premise Retailer means a person who is licensed under the Kansas Cereal Malt Beverage Act and who sells or offers for sale any cereal malt beverage or beer in original and unopened containers that is not for consumption on the premises.

(d)   On-Premise Retailer means a person who is licensed under the Kansas Cereal Malt Beverage Act and who sells or offers for sale any cereal malt beverage or beer for consumption on the premises.

(Ord. 2565)

(a)   Establishment. In accordance with K.S.A. 41-2659, and amendments thereto, the Governing Body hereby establishes the Bonner Springs Common Consumption Area (“CCA”) as designated in the map attached to this ordinance; provided that a common consumption area permit has been issued to the City of Bonner Springs by the Director.

(b)   Boundaries. During any event where common consumption is authorized within the CCA, the boundaries must be clearly marked. The downtown Bonner Springs CCA would have geographic boundaries set as follows: The area encompassed by Nettleton A venue on the north; Front Street on the south; Cedar Street on the east; and Elm Street on the west.

(c)   Hours. Subject to the conditions of a special event permit issued by the City, the Governing Body hereby authorizes the possession and consumption of alcoholic liquor or cereal malt beverage in the CCA between the hours of 11:00 a.m. and 10:00 p.m. on Sunday through Thursday, and 11:00 a.m. to 12:00 p.m. midnight on Friday and Saturday.

(d)   Special Use Permit Required. In order to utilize the City’s CCA for a special event in the specified area, the City Council must approve the event via the Special Use Permit Application. In the application, the event organizers must acknowledge the CCA regulations and list alcoholic beverage licensees who will participate in the event. Licensees must be in good standing with all necessary licenses and permits obtained from the Kansas Alcohol Beverage Control. Event organizers shall provide the Special Use Permit Application 30 days in advance of the event to allow for City Council approval.

(Ord. 2565)

(a)   Sales Conditions. CCA permits are for possession and consumption of alcoholic liquor or cereal malt beverage only. No sales of alcoholic liquor or cereal malt beverage may occur on premises covered by the CCA permit unless the sales are conducted by a licensed business, a caterer licensed in accordance with all City requirements for a catered event, or a separate temporary permit has been issued.

(b)   Conduct. All persons attending a special event authorized by the City within the CCA must follow all laws and ordinances concerning the purchase, sale, and consumption of alcohol or cereal malt beverage. Any person acting in a way that violates any provisions of the Bonner Springs Municipal Code, including but not limited to any offenses against person, property, the public peace, the public safety, or public morals, will be removed from the CCA and may be prohibited from attending future special events authorized by the City within the CCA.

(c)   Purchases Outside of the CCA. The possession and consumption of alcoholic liquor or cereal malt beverage purchased outside the boundaries of the CCA is not permitted inside the boundaries of a CCA special event.

(d)   Removal of Beverages from Within the CCA. No open container of alcoholic liquor or cereal malt beverage purchased within the CCA may be removed from the boundaries of the CCA during a special event.

(e)   Containers. All alcoholic liquor or cereal malt beverage removed from a licensed premises or otherwise sold within the CCA must be served in a container that clearly displays the licensee’s name, logo, or other identifying mark that is unique to the licensee. No alcoholic beverage or cereal malt beverage removed from a licensed premises shall be in a glass container or any other container that otherwise represents a potential danger to the public.

(f)   Licensed Premises. Any licensee of a licensed premises located within the CCA may request and receive permission from the Kansas Alcoholic and Beverage Control and the Governing Body to participate in the CCA. Proof of approval to participate in the CCA from the Director must be provided to the Governing Body to obtain a special event permit and to participate in a CCA special event.

(1)   Removal of Alcohol from Licensed Premises. Any licensee of a licensed premises who has requested and received permission to participate in the CCA and obtained a special event permit may allow its legal patrons to remove alcoholic liquor or cereal malt beverage purchased from the licensee into the premises described by the CCA permit.

(2)   Compliance with Applicable Laws. All licensees approved by the Director and City Manager or designee to participate in the CCA must comply with all federal and state laws and City laws regulating the purchase, sale, and consumption of alcoholic liquor or cereal malt beverage. Any violations of the common consumption area restrictions, City, state, or federal laws may result in revocation of the licensee’s participation in the CCA by the City. Each licensee within the CCA shall be liable for violations of all liquor laws governing the sale and consumption of alcoholic liquor or cereal malt beverage that occur on the licensee’s premises.

(Ord. 2565)

The City Manager or designee is authorized to take all necessary actions relative to administering a CCA, including but not limited to, enacting regulations and executing all documents required to obtain a CCA permit on behalf of the City.

(Ord. 2565)

(a)   Effective Date. This article shall take effect and be in force from and after passage, approval and publication of Ordinance No. 2565 in the official City newspaper.

(b)   Conflict. This article shall supersede all ordinances, resolutions or rules, or portions thereof, which are in conflict with the provisions of this ordinance.

(c)   Validity. Should any section, clause or phrase of this article be declared invalid by a court of competent jurisdiction, the same shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part so declared to be invalid.

(Ord. 2565)