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) Beer means a beverage, containing more than 3.2 percent 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 of alcoholic content.
(d) 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) Domestic Beer means beer which contains not more than 8 percent alcohol by weight and which is manufactured from agricultural products grown in this State.
(f) Enhanced 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.
(g) Club means a Class A or Class B club.
(h) 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.
(i) 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.
(j) Drinking Establishment means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.
(k) Minor means a person under 21 years of age.
(l) Nonbeverage User means any manufacturer of any of the products set forth and described in K.S.A. 41‑501 and amendments thereto, when the products contain alcohol or wine and all laboratories using alcohol for nonbeverage purposes.
(m) Original Package means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever used, corked, capped, sealed and labeled by the manufacture of alcoholic liquor, to contain and convey any alcoholic liquor.
(n) Retailer when applied to the sale of cereal malt beverages means any person who sells or offers for sale any cereal malt beverage for use or consumption and not for resale in any form.
(o) Retailer when applied to the sale of alcoholic liquors means a person who sells alcoholic liquors at retail or offers for sale at retail, alcoholic liquors but does not include a farm winery.
(p) Sell at Retail and Sale at Retail (alcoholic liquor) means sales for use or consumption and not for resale in any form and sales to clubs, licensed drinking establishments, licensed caterers or holders of temporary permits. Sell at retail and sale at retail does not mean sales by a distributor, farm winery, a licensed club, a licensed drinking establishment, a licensed caterer or a holder of a temporary permit.
(q) 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.
(Ord. 1500, Sec. 3‑101; Code 1989; Ord. 2474)
(a) No retailer’s license shall be issued for premises which are located in areas not zoned for general commercial or business purposes.
(b) Any club or drinking establishment license shall be for one particular premises which shall be stated in the application and in the license.
(c) No retailer’s, microbrewery or farm winery license shall be issued for premises which:
(1) Are located within 200 feet of any public or parochial school or college or church, except that if any 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; and
(2) Do not conform to the building ordinances or laws of the State or City or, in the absence of the ordinances or laws, are not structurally in good condition or are in a dilapidated condition.
(Ord. 1500, Sec. 3‑102; Ord. 2474)
(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) It shall be unlawful for any licensee or permit holder, or any owner, officer or employee thereof, to knowingly or unknowingly permit the consumption of alcoholic liquor or cereal malt beverage by a minor on premises where alcoholic beverages are sold by the licensee or permit holder.
(d) 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 fifty percent (50%) of its gross receipts in each calendar year from the sale of alcoholic liquor for on‑premises consumption.
(Ord. 1500, Sec. 3‑103; Ord. 2474)
No person shall drink or consume any alcoholic liquor on publicly owned property. This prohibition shall not apply to the Bonner Springs/Wyandotte County Park, the golf course adjacent thereto or to the Community Rooms at 200 East Third Street and at South Park. This prohibition shall not apply to the City’s Public Parking Lot south of Centennial Park for special events upon submission of an application and approval by the City Council. An application for each event shall be submitted to the City Clerk’s Office. Such application shall be submitted ten (10) days prior to the City Council meeting prior to the event and shall include: date and times for the event; sketch of the area to be used showing a distance of more than thirty (30) feet from Centennial Park; defining the area (to be fenced) to which sale, possession and consumption are confined; proof of security and provide a Certificate of Insurance naming the City as an additional insured. The requested use shall comply with Section 3-803 and 3-804 of Chapter III and all other City codes and ordinances.
(K.S.A. Supp. 41‑719; Ord. 1500, 2136, 2138 2245, and Ord. 2474; Ord. 2511)
It shall be unlawful for any person to drink or consume cereal malt beverages, or to have in possession an open container holding any cereal malt beverages, while upon the public streets, alleys, public parking lots, public buildings, public parks and other public property, private parking lots, roads or highways within the City, provided. This Section shall not apply to the Bonner Springs/Wyandotte County Park, the golf course adjacent thereto or the Community Rooms at 200 East Third Street or at South Park. This Section shall not apply to special events on public parking lots (but not in or within thirty (30) feet of a public park), private parking lots or sidewalks in commercially zoned areas for which the Bonner Springs Governing Body has approved following submission of an application to the City Clerk’s office. Such application shall be submitted ten (10) days prior to the City Council meeting prior to the event and shall include: date and times for the event; description or sketch of the area to be used and defining the area (to be fenced) to which sale, possession and consumption are confined; proof of security and provide a Certificate of Insurances naming the City as an additional insured. The requested use shall comply with Section 3-803 and 3-804 of Chapter III, Article 2 and all other City codes and ordinances.
(Ord. 1529; Ord. 2049; Ord. 2093; Ord. 2245; Ord. 2474; Ord. 2511)
It shall be unlawful for the holder of a retail license to sell, offer for sale, give away a permit to be sold, offered for sale or given away in or from the premises specified in the license any service or thing of value whatsoever except alcoholic liquor in the original package except that a licensed retailer may (a) charge a delivery fee for delivery to a club, drinking establishment or caterer; and (b) sell lottery tickets and shares to the public in accordance with the Kansas Lottery Act, if the retailer is selected as a lottery retailer.
(Ord. 1500, Sec. 3‑105; Ord. 2474)
(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 the legal age for consumption of cereal malt beverage for use in the sale, purchase or consumption of any cereal malt beverage.
(Ord. 1500, Sec. 3‑113; Code 1989; Ord. 2474)
(a) Nothing in this Article shall prevent:
(1) The making of wine, cider or beer by a person from fruits, vegetables or grains, or the product thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker and the maker’s family;
(2) Any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of the medical or dental profession;
(3) Any hospital or other institution caring for sick and diseased persons, from possessing and using alcoholic liquor for the treatment of bona fide patients of the hospital or institution;
(4) Any drugstore employing a licensed pharmacist from possessing and using alcoholic liquor in the compounding of prescriptions of duly licensed physicians; or
(5) The possession and dispensation of wine by an authorized representative of any church for the purpose of conducting any bone fide rite or religious ceremony conducted by the church.
(b) This Article shall not apply to flavoring extracts, syrups or medicinal, mechanical, scientific, culinary or toilet preparations or food products unfit for beverage purposes.
(Ord. 1500, Sec. 3‑107:108; Ord. 2474)
It shall be unlawful for:
(a) Any person to advertise any alcoholic liquor by means of billboards along public highways, roads or streets or for any owner or occupant of property to permit any billboard advertising alcoholic liquor to remain on the property; or
(b) Any retailer of alcoholic liquor to have any sign on the licensed premises in violation of K.S.A. Supp. 4‑714(b).
(c) Any retailer to display alcoholic liquor in any window.
(Ord. 1500; Ord. 2474)
No person shall knowingly sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procurement 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 liquor.
(Ord. 1500, Sec. 3‑112; Code 2014; Ord. 2474)
It shall be unlawful for any person to own, maintain, operate or conduct, either directly or indirectly, an open saloon as defined in K.S.A. 41‑803(a).
(Ord. 1500, Sec. 3‑116; Ord. 2474)
(a) If the owner of any premises licensed under this Article or any person from whom the licensee derives the right of possession shall knowingly permit the licensee to use the licensed premises in violation of the terms of this Article, the owner, agent or other person shall be deemed guilty of a violation of this Article to the same extent as the licensee and be subject to the same punishment.
(b) Every act or omission of whatsoever nature constituting a violation of any of the provisions of this Article by any officer, director, manager or other agent or employee of any licensee, if the act is committed or omission is made with the authorization, knowledge or approval of the licensee, shall be deemed and held to be the act of the employer or licensee, and the employer or licensee shall be punishable in the same manner as if the act or omission had been committed by him or her personally.
(Ord. 1500, Sec. 3‑118:119; Ord. 2474)
It shall be unlawful for any person except a manufacturer, distributor, micro‑brewery, farm winery or wholesaler to fill or refill, in whole or in part any original package of alcoholic liquor with the same or any other kind or quality of alcoholic liquor.
(Ord. 1500, Sec. 3‑111; Ord. 2474)
The following conduct by a cereal malt beverage or alcoholic beverage licensee, manager, employee, waiter, waitress or entertainer or patron therein (collectively referred to herein as employee) is deemed contrary to public welfare and is unlawful and prohibited:
(a) Remaining or permitting any patron, employee or person to remain in or upon the premises who exposes to view any portion of the female breasts below the top of the areola or any portion of males/females pubic region, anus, buttocks or genitals;
(b) Permitting any employee or patron on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any other employee or any patron;
(c) Encouraging or permitting any employee or patron on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva, or genitals of any employee or other patron;
(d) Performing or permitting any employee, patron or person to perform on the licensed premises acts of or acts which simulate:
(1) Sexual intercourse, masturbation, sodomy or any other sexual act which is prohibited by law; or
(2) Touching, caressing or fondling the breasts, buttocks, anus or genitals or the employee or any other person.
(e) Using or permitting any employee, patron or other person to use on the licensed premises, any artificial devices or inanimate objects to depict any of the acts prohibited by paragraph (d) of this Section.
(f) Showing or permitting any employee, patron, or other person to show on the licensed premises any motion picture, film, photograph, electronic reproduction, or other visual reproduction depicting:
(1) Acts or simulated acts of sexual intercourse, masturbation, sodomy, or any sexual act which is prohibited by law;
(2) The touching, caressing or fondling of the buttocks, anus, genitals or the female breasts;
(3) Scenes in which a person displays the buttocks, anus, genitals or the female breasts.
(g) As used in this Section, the term premises means the premises of such licensed establishment and such other areas, under the control of the licensee or his or her employee or employees, that are in such close proximity to the licensed premises that activities and conduct of employees or persons within such other areas may be viewed by persons on or within the licensed premises.
(Ord. 1607; Ord. 2474)
Any person or entity that violates any provision of this Chapter is guilty of a public offense; and upon conviction thereof, shall be fined a sum to not exceed $500, or by confinement in the Wyandotte County jail for a definite time not to exceed one (1) month or by both such fine and confinement.
(Ord. 2310; Ord. 2474)