(a)   Except as provided in subsection (b), 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 upon property owned by the state or any governmental subdivision thereof; or inside vehicles while upon a street, highway or other public thoroughfare.

(b)   The provisions of subsection (a) shall not apply to the consumption of alcoholic liquor:

(1)   Upon real property leased by a 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.

(K.S.A. 4119; Ord. 513; Code 2004)

(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 K.S.A. 8-1473 and amendments thereto.

(c)   See also Standard Traffic Ordinance Section 106 as incorporated by section 14-101 of this code.

(K.S.A. 41-2719; K.S.A. 8-1599; Ord. 513; Code 2004)

(a)   No person shall consume any alcoholic liquor while operating any vehicle upon any street or highway. Violation of this section is punishable by a fine of not more than $100 or by imprisonment for not more than six months, or both.

(b)   See also Standard Traffic Ordinance Section 105 as incorporated by section 14-101 of this code.

(K.S.A. 41-719, 41-2720; Ord. 513; Code 2004)

(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 obtained a state license to do so.

(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 3-305 and the tax shall be received and a receipt shall be issued for the period covered by the state license.

(Ord. 513; Code 2004)

There is hereby levied an annual occupation tax, set by resolution which will be kept on file at all time with the city clerk, 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. 513; Code 2004)

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

(Ord. 513; Code 2004)

No person shall sell at retail any alcoholic liquor:

(a)   On any Sunday;

(b)   On Decoration Day or Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day;

(c)   Before 9:00 a.m. or after 11:00 p.m. on any day when the sale thereof is permitted.

(K.S.A. 41-712; K.S.A. 41-2911; Ord. 513; Code 2004)

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.

(Ord. 513; Code 2004)

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 hospital, school, church or library. A violation of this article shall be punishable by a fine, set by resolution which will be kept on file at all times with the city clerk, and/or imprisonment for not more than 30 days.

(K.S.A. 41-710; Ord. 513; Code 2004; Ord. 526; Code 2019)