CHAPTER III. BEVERAGESCHAPTER III. BEVERAGES\ARTICLE 1. GENERAL PROVISIONS

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” or “alcoholic beverage” 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)      “Calendar year” means from January 1st to December 31, both dates inclusive

(d)     “Cereal Malt Beverage” or “Beer” means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor which is more than 3.2 percent alcohol by weight.

(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 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.

(g)      “Club” means an organization licensed hereunder to which club members shall be permitted to resort for the purpose of consuming alcoholic liquor

(h)     “Drinking Establishment” means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.

(i)      “General Retailer” or “Retailer” means a person licensed under the provisions of the state liquor control act and by the City of Goddard, to sell or offer for sale alcoholic liquor or cereal malt beverage for consumption and not for resale in any form

(j)      “Limited Retailer” means a person who has a license to sell cereal malt beverages at retail only in original and unopened containers and not for consumption on the premises.

(k)     “Licensee” is a “person” as defined in (n), who has a license has herein required.

(l)      “Minor” means any person under twenty-one years of age.

(m)    “Person” shall include individuals, firms, co-partnerships, corporations and associations.

(n)     “Place of Business” means any place at which cereal malt beverages or alcoholic beverages or both are sold.

(o)     “Sale at Retail” and “Retail Sale” means sales for consumption and not for resale in any form.

(p)     “Sell” includes soliciting or receiving in order for, keeping or exposing for sale, and keeping with intent to sell.

(q)     “Spirits” means any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended, or otherwise mixed with alcohol or other substance.

(r)      “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.

(s)      “Wholesaler” or “Distributor” means any individuals, firms, co-partnerships, corporations and associations which sell or offer for sale any beverage referred to in this chapter, to persons, co-partnerships, corporations and associations authorized by this chapter to sell cereal malt beverages at retail.

(t)      “Wine” means any alcoholic beverage obtained by the normal alcoholic fermentation of the juice of sound, ripe grapes, fruits, berries or other agricultural products, including such beverages containing alcohol or spirits, as above defined or containing sugar added for the purpose of correcting natural deficiencies

(Ord. 75, Sec. 1; Ord. 129, Sec. 1; Ord. 400, Sec. 1; Code 2001)

(a)      No alcoholic liquor or cereal malt beverage 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 200 feet of any church, school, nursing home, library, or hospital, said distance to be measured from the nearest property line of such church, school, nursing home, library, or hospital, to the nearest portion of the building occupied by the premises.

(b)     Should a church, school, nursing home, library, or hospital be built within 200 feet of any licensed premises, this provision shall not prevent renewal of an existing license, provided, however, that:

(1)          Such license, once issued, shall not be renewed to any person or premises not identified in the original license.

(2)          Should such a licensed establishment cease to be used for such purpose for a period of Ninety (90) days or more, no new license shall be issued for that premises.

(3)          Should a licensed establishment cease to be used for such purpose for a period of Ninety (90) days or more, the existing license shall be deemed to expire at twelve o’clock, noon, on the Ninety-first (91st) calendar day of nonuse. In no event shall this provision be construed to extend the term of a license issued under this ordinance.

(4)          Periods of time, not to exceed Thirty (30) days, during which such establishments are being repaired because of normal wear and tear, or damage caused by fire or natural disaster such as floods or windstorms, shall not be included in computing the above ninety-day period, provided that:

(A)         Any repair must be commenced within Thirty (30) days after closure of any structure and completed within a reasonable time thereafter.

(B)          The Chief of Police shall be notified in writing within Thirty (30) days of closing of such establishment for repair. Such notice must state the date of commencement and estimated date of completion of remodeling or repair.

(C)          Any licensed premises shall forfeit its license and shall not be re-licensed if repair is not commenced within Thirty (30) days after such closure, if such repairs are not completed within a reasonable time thereafter and/or if the Chief of Police is not notified within the thirty-day time period.

(c)      No person shall sell at retail any alcoholic liquor or cereal malt beverage in any area zoned higher than “commercial.”

(d)     No license or permit shall be issued for the sale of alcoholic liquor or cereal malt beverage 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 2001)

(a)      No person shall sell or offer for sale any cereal malt beverage or alcoholic liquor except as provided in this chapter. It shall be considered a sale of the cereal malt beverage or alcoholic liquor if a charge is made for mixing or serving the cereal malt beverage or alcoholic liquor, or for any substance comixed with the cereal malt beverage or alcoholic liquor, regardless of whether or not a charge is made for the cereal malt beverage or alcoholic liquor.

(b)     No person shall allow consumption of cereal malt beverage or alcoholic liquor in violation of this chapter on any property owned, leased, or otherwise under his or her control.

(c)      The property on which a violation of this chapter takes place is declared to be a common nuisance and as such is subject to abatement as provided for any other common nuisance by city ordinance.

(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 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 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 2001)

No person shall drink or consume any alcoholic liquor on public property owned by the city, county or state.

(K.S.A. § 41-719; Code 2001)

(a)      It shall be unlawful for any person to sell, serve or dispense any cereal malt beverage or alcoholic beverage in any public place not licensed to sell, serve or dispense such beverage at such public place within or under the jurisdiction of the city.

(b)     It shall be unlawful for any person to drink or consume any cereal malt beverage or alcoholic beverage in any public place not licensed to sell and serve such beverage for public consumption at such public place within or under the jurisdiction of the city.

(c)      For purposes of this section, the term “public place” shall include upon any street, public thoroughfare, public parking lot or any privately owned parking area made available to the public generally, within any parked or driven motor vehicle situated in any of the aforesaid places or upon any property owned by the state or any governmental subdivision thereof unless such property is leased to others under K.S.A. § 12-1740 et seq., if the property is being used for hotel or motel purposes or purposes incidental thereto or is owned or operated by an airport authority created pursuant to Chapter 27 of the Kansas Statutes Annotated.

(d)     Violation of any provision of this section is a misdemeanor punishable by a fine of not less than $50 or more than $200 or by imprisonment for not more than six months, or both.

(K.S.A. § 41-719; Code 2001).

(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 8-1473, and amendments thereto.

(c)      Violation of this section is a misdemeanor punishable by a fine of not more than $200 or by imprisonment for not more than six months, or both such fine and imprisonment.

(d)     Except as provided in subsection (g) upon conviction or adjudication of a second or subsequent violation of this section, the municipal judge, in addition to any other penalty or disposition ordered pursuant to law, shall suspend the person’s driver’s license or privilege to operate a motor vehicle on the streets and highways of this state for one year.

(e)      Upon suspension of a license pursuant to this section, the municipal court shall require the person to surrender the license to the court, which shall transmit the license to the Division of Motor Vehicles of the Department of Revenue, to be retained until the period of suspension expires. At that time, the licensee may apply to the division for return of the license. If the license has expired, the person may apply for a new license, which shall be issued promptly upon payment of the proper fee and satisfaction of other conditions established by law for obtaining a license unless another suspension or revocation of the person’s privilege to operate a motor vehicle is in effect.

(f)      As used in this section, ‘highway’ and ‘street’ have the meanings provided by K.S.A. §§ 8-1424 and 8-1473, and amendments thereto.

(g)      In lieu of suspending the driver’s license or privilege to operate a motor vehicle on the highways of this state of any person convicted of violating this section, as provided in subsection (d), the judge of the court in which such person was convicted may enter an order which places conditions on such person’s privilege of operating a motor vehicle on the highways of this state, a certified copy of which such person shall be required to carry any time such person is operating a motor vehicle on the highways of this state. Any such order shall prescribe the duration of the conditions imposed, which in no event shall be for a period of more than one year for a second violation.

(h)     Upon entering an order restricting a person’s license hereunder, the judge shall require such person to surrender such person’s driver’s license to the judge who shall cause it to be transmitted to the Division of Motor Vehicles of the Department of Revenue, together with a copy of the order.

(i)      It shall be an affirmative defense to any prosecution under this section that an occupant of the vehicle other than the defendant was in exclusive possession of the alcoholic liquor.

(j)      The municipal court shall report to the Division of Motor Vehicles of the Department of Revenue every conviction for a violation of this section. Prior to sentencing under the provisions of this section, the court shall request and shall receive from the Division of Motor Vehicles of the Department of Revenue a record of all prior convictions obtained against such person for any violations of any of the motor vehicle laws of this state.

(k)     For the purpose of determining whether a conviction is a first, second or subsequent conviction in sentencing under this section:

(1)          Conviction’ includes being convicted of a violation of K.S.A. § 8-1599 or an ordinance of any city, or resolution of any county, which prohibits the acts that this section prohibits;

(2)          Only convictions occurring in the immediately preceding five years, including prior to the effective date of this act, shall be taken into account, but the court may consider other prior convictions in determining the sentence to be imposed within the limits provided for a first, second or subsequent offender, whichever is applicable; and

(3)          It is irrelevant whether an offense occurred before or after conviction for a previous offense.

(K.S.A. § 8-1599; Code 2001)

(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 2001)

(a)      It shall be unlawful for any person under 21 years of age to possess, consume, obtain, purchase or attempt to obtain or purchase any cereal malt beverage or any alcoholic liquor

(b)     It shall be unlawful for any person to represent that he is 21 years of age or older, for the purpose of asking for, purchasing, receiving or possessing any cereal malt beverage or alcoholic liquor.

(c)      It shall be unlawful for any person 21 years of age or over to purchase or attempt to purchase any cereal malt beverage or alcoholic liquor for the purpose of giving, selling, bartering or otherwise providing said cereal malt beverage or alcoholic liquor a person under 21 years of age.

(d)     Violation of (a) above by a person 18 or more years of age but less than 21 years of age is a class C misdemeanor for which the minimum fine is $200.

(e)      Any person less than 18 years of age who violates subsection (a) shall be considered a juvenile offender under the Kansas juvenile justice code. Upon adjudication thereof and as a condition of disposition, the court shall require the offender to pay a fine of not less than $200 nor more than $500.

(f)      In addition to any other penalty provided for a violation of this section, the municipal court may order the offender to do either or both of the following:

(1)          Perform 40 hours of public service; or

(2)          Attend and satisfactorily complete a suitable educational or training program dealing with the effects of alcohol or other chemical substances when ingested by humans.

(g)      This section shall not apply to the possession and consumption of cereal malt beverage by a person under the legal age for consumption of cereal malt beverage when such possession and consumption is permitted and supervised, and such beverage is furnished, by the person’s parent or legal guardian.

(K.S.A. § Supp. 41-727; Code 2001; Code 2012)