CHAPTER III. BEVERAGESCHAPTER III. BEVERAGES\ARTICLE 5. SPECIAL EVENT PERMITS

For the purpose of this article, a “special event” shall be defined as an event organized or established for either public or private attendance of individuals which does not occur on more thrn1 two occasions during a calendar year. Successive days shall constitute one “occasion”.

(Ord. 2793; Code 2016)

It shall be unlawful for any person to sell or serve any cereal malt beverage at a special event within the city without first obtaining a special event retailers’ permit from the city clerk.

(Ord. 2793; Code 2016)

(a)   There is hereby levied a special event retailers’ permit fee in the amount of $50.00 per day on each group or individual issued a permit pursuant to this article, which fee shall be paid in full before the issuance of the permit.

(b)   Every permit holder shall cause the special event retailers’ permit and receipt to be placed in plain view on any premises within the city where the holder of the special event retailers’ permit is serving cereal malt beverage for consumption on the premises.

(Ord. 2793; Code 2016)

(a)   It shall be unlawful for any person to conduct an event where cereal malt beverages are sold or served, without first applying for a special event retailers’ permit at least 10 days before the event. Written application for the special event retailers’ permit shall clearly state:

(1)   the name of the applicant;

(2)   the name and address of the person(s) having supervision or management duties for the sale or service of cereal malt beverages at the special event (must be 21 years of age or older);

(3)   the group for which the event is planned;

(4)   the location (address) of the event;

(5)   the date and time of the event;

(6)   any prequalifying information required by governmental entities;

(7)   the plan for adequate roping/fencing off of the area where cereal malt beverages are to be sold and consumed; and,

(8)   any anticipated need for police, fire or other municipal services.

(b)   Upon payment of the city’s temporary permit fee and a written application as provided for in subsection (a), the city clerk shall submit the application to the City Commission for consideration of approval. If the permit is approved, then the city clerk shall issue a special event retailers’ permit to the applicant. No permit will be approved if there are conflicts with other ordinances of the city.

(c)   The city clerk shall notify city law enforcement whenever a special event retailers’ permit has been issued and forward a copy of the permit and application to the Harper County sheriff’s office.

(d)   The special event retailers’ permit shall state the following:

(1)   name of the person or group holding the permit;

(2)   name, address and telephone number of the person(s) having management or supervisory duties for the sale or service of cereal malt beverages;

(3)   the premises for which the permit is issued; and

(4)   the date and hours of the event.

(Ord. 2793; Code 2016)

In addition to and consistent with the requirements of K.3.A. 41-2701 et seq., and amendments thereto, and the provisions und regulations found within Chapter 3, Article 1 of the Code of the City of Anthony, Kansas, applicable to the sale of cereal malt beverages which are not inconsistent with this article, the following permit regulations shall apply:

(a)   No temporary permit holder shall allow the serving or sale of cereal malt beverages between the hours of 12:00 a.m. and 10:00 a.m., or consumed and no public occupancy between the hours of 12:30 a.m. and 10:00 a.m. at any event location for which a special event retailers’ permit has been issued.

(b)   No cereal malt beverage shall be given, sold or traded to, any person under 21 years of age.

(c)   No more than four special event retailers’ permits may he issued to any one applicant in a calendar year.

(d)   The person(s) having management or supervisory duties for the sale or service of cereal malt beverages shall be present at the permitted location during the sale or service of cereal malt beverages;

(e)   No cereal malt beverages may be taken from the permitted location for consumption elsewhere;

(f)    A special event retailers’ permit holder shall not be transferable or assignable.

(g)   A special event retailers’ permit holder shall not be subject to the provisions of the beer and cereal malt beverage registration act, K.S.A. 41-2901 et seq., and amendments thereto.

(Ord. 2793; Code 2016)

Any person violating any provision of this article shall be punished by:

(a)   A fine of not more than$1.000; or

(b)   Imprisonment in jail for not more than 90 days; or

(c)   Both such fine and imprisonment not to exceed (a) and (b) above.

(Ord. 2793; Code 2016)