CHAPTER III. BEVERAGESCHAPTER III. BEVERAGES\ARTICLE 2. ALCOHOLIC LIQUOR

Alcoholic beverage or alcoholic liquor as used in this article includes the 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, spirits, 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 of alcohol by weight.

(K.S.A. 41-208; K.S.A. 41-102)

(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 procured a license so to do as required by said act to sell the same.

(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 3-209 and the tax shall be received and a receipt shall be issued for the period covered by the state license.

(Ord. G-2720, Sec. 1; Code 2007)

There is hereby levied a biennial occupation 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. 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 five days after any renewal of a state license.

(Ord. G-2720, Sec. 2; Code 2007; K.S.A. 41-310(l); Code 2016)

Every licensee under this article shall cause the city alcoholic retailer’s occupation tax receipt to be prominently displayed next to or below the state license in a conspicuous place on the licensed premises.

(Ord. G-2720, Sec. 3; Code 2007)

(a)   The retail sale of alcoholic liquor in the original package is allowed within the City on Sunday, except Easter, between the hours of 12:00 noon and 8:00 p.m., and on Memorial Day, Independence Day and Labor Day.

(b)   Between the hours of 9:00 a.m. and 11:00 p.m. on any other day when the sale thereof is permitted.

(c)   Any person who shall violate the provisions of this section shall upon conviction of any such violation be subject to a fine not to exceed $500 or by imprisonment not to exceed six months or by both fine and imprisonment.

(K.S.A. 41-712; Ord. G-2733, Sec. 2; Code 2007)

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; 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;

(g)   No person shall knowingly sell, give away, dispose of, 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;

(h)   Violation of this section is a misdemeanor punishable by a fine of not less than $100.00 and not exceeding $250.00 or imprisonment not exceeding 30 days, or both.

(Ord. G-2720, Sec. 5; Code 2007)

(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. 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.

(c)   Any person convicted of violating this section shall be punished by a fine of not more than $100.00 or by imprisonment for not to exceed 30 days, or both.

(K.S.A. 41-727; 41-715)

Except as provided in subsection (a) it shall be unlawful for any person to drink or consume alcoholic liquor upon any public street or highway or thoroughfare; in beer parlors, taverns, pool halls, or places to which the general public has access, whether or not an admission or other fee is charged or collected; and upon property owned by the state or any governmental subdivision thereof; or inside vehicles while upon a street, highway or other public thoroughfare.

(a)   Pursuant to K.S.A. 41-719(d), the provisions above shall not apply to the consumption of alcoholic liquor:

(1)   Upon real property leased by the city to others under K.S.A. 12-1740 et seq., if the property is being used for hotel or motel purposes incidental thereto.

(2)   Upon property owned or operated by an airport authority created pursuant to chapter 27 of the Kansas Statutes Annotated.

(3)   And, upon application approved by either the City Commission, or the Chief of Police, the Anthony Municipal Hall.

(A)  Persons or organizations allowing alcoholic beverages to be consumed at the Municipal Hall will be held responsible for all violations of all laws, state- and local, concerning possession and consumption by minors, and any other such laws and regulations concern ng alcoholic beverages that from time to time be passed by the state or city.

(B)   Persons or organizations allowing alcoholic beverages to be consumed at the Municipal Hall, may not sell alcoholic beverages or mixes, such as Coke, 7Up or any drink mix or ice used for mixing drinks.

(K.S.A. Supp. 41-719; Ord. 2726, Sec. 1; Ord. 2790; Code 2016)

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 nursing home, hospital, school, church or library.

(Ord. G-2720, Sec. 7; K.S.A. 41-710; Code 2007)

No person shall transport in any vehicle upon a highway or street any alcoholic liquor unless such liquor is:

(a)   In the original unopened package or container, the seal of which has not been broken and from which the original cap, cork or other means of closure has not been removed;

(b)   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

(c)   In the exclusive possession of a passenger in a recreation vehicle or bus who is not in the driving compartment of the vehicle and who is in a portion of the vehicle from which the driver is not directly accessible.

(K.S.A. 8-1599; Code 2007)

Any person holding a valid Kansas retailer’s license for alcoholic liquors for consumption off the premises shall furnish to the city clerk, on a form provided, the following information:

(a)   Name of applicant;

(b)   Address of applicant;

(c)   Address of premises where liquor sold;

(d)   If applicant is a corporation, name and address of registered agent;

(e)   If applicant is a partnership, name and address of each partner;

(f)    Length of applicant’s resident in Kansas;

(g)   Does applicant presently hold any other liquor license?

(h)   Has applicant’s license ever been revoked or suspended?

(i)    Does applicant have a Kansas State Retail Liquor license?

(j)    When does it expire?

(k)   Owner of premises licensed?

(l)    If applicant is not the owner, give date and term of lease or other rental agreement.

The application for retail liquor occupation license shall be accompanied by a fee of $300.00 and shall be verified. Upon receipt of the fee and application in correct form, the city clerk shall issue a receipt-occupation tax to the applicant for the year commencing on the date the Kansas Liquor Retailer’s license is issued by the State Director of Alcoholic Beverage Control and shall end one year thereafter. The receipt shall be displayed in a conspicuous place on the licensed premises.

(K.S.A. 41-208, 41-310, 41-325, 41-2622)