[Code 1987; CC 2000 §3-101; Ord. No. 1351 §1, 7-20-2011]
Unless otherwise expressly stated or the context indicates a different intention, the following terms shall, for the purpose of this Chapter, have the meanings indicated in this Section:
- 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.
- ALCOHOLIC LIQUOR
- 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.
- 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.
- CEREAL MALT BEVERAGE
- 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 three and two-tenths percent (3.2%) alcohol by weight.
- CLASS A CLUB
- A premises which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide non-profit 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.
- CLASS B CLUB
- 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.
- A Class A or Class B club.
- DRINKING ESTABLISHMENT
- Premises which may be open to the general public where alcoholic liquor by the individual drink is sold.
- GENERAL RETAILER
- A person who has a license to sell cereal malt beverages at retail.
- LIMITED RETAILER
- 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.
- PLACE OF BUSINESS
- Any place at which cereal malt beverages or alcoholic beverages or both are sold.
- TEMPORARY CEREAL MALT BEVERAGE PERMIT
- A permit issued in accordance with the laws of the State of Kansas and the ordinances of the City of Mission which allows the permit holder to sell cereal malt beverages for a period of time not to exceed seventy-two (72) hours as specified in the application and permit.
- TEMPORARY PERMIT
- 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.
- WHOLESALER OR DISTRIBUTOR
- 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.
[Code 1974 §3-114; Code 1987; CC 2000 §3-102, 3-306]
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 two hundred (200) feet of any public or parochial school, college, church, nursing home, library or hospital except that if any such school, college, church, nursing home, library or hospital is established within two (200) feet of any licensed premises after the premises have been licensed, the premises shall be an eligible location for retail licensing; 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.
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.
No alcoholic liquor shall be sold at retail upon any premises which have an inside entrance or opening which connects with any other place of business.
[Code 1987; CC 2000 §3-103]
It shall be unlawful for any person under the age of twenty-one (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.
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 twenty-one (21) years to remain on the premises.
This Section shall not apply if the person under the age of twenty-one (21) years is accompanied by his/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. No. 973, 3-24-1999; Code 2000; CC 2000 §3-104]
Prohibition. No person shall drink or consume any alcoholic liquor on City-owned public property.
Exception. The City Council may waive this prohibition of consumption of alcoholic beverages on City-owned public property for functions pre-approved by the City Council.
Exception. The provisions of this Section shall not apply to the Sylvester Powell, Jr. Community Center, provided that:
No individual under the age of twenty-one (21) may consume any alcoholic liquor or cereal malt beverage;
Any event providing alcoholic liquor or cereal malt beverages for consumption must be approved in advance by the Director of Parks and Recreation and the Chief of Police or his/her designee; and
All rules and conditions imposed by the Director of Parks and Recreation and the Chief of Police or his/her designee shall comply with all regulations as adopted/regulated by the State of Kansas and shall be followed without exception.
[Code 1987; CC 2000 §3-105]
It shall be unlawful for any person to sell, serve or dispense any cereal malt beverage or alcoholic liquor 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.
It shall be unlawful for any person to drink or consume any cereal malt beverage or alcoholic liquor 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.
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.
As used in this Section, "alcoholic beverage" means any alcoholic liquor, as defined by K.S.A. 41-102 and amendments thereto, or any cereal malt beverage, as defined by K.S.A. 41-2701 and amendments thereto.
No person shall transport in any vehicle upon a highway or street any alcoholic beverage unless such beverage is:
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;
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
In the exclusive possession of a passenger in a vehicle which is a recreational vehicle, as defined by K.S.A. 75-1212 and amendments thereto, or a bus, as defined by K.S.A. 8-1406 and amendments thereto, 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.
Violation of this Section is a misdemeanor punishable by a fine of not more than two hundred dollars ($200.00) or by imprisonment for not more than six (6) months, or both.
Except as provided in Subsection (F) upon conviction or adjudication of a second (2nd) or subsequent violation of this Section, the 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 (1) year.
Upon suspension of a license pursuant to this Section, the 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.
As used in this section, "highway" and "street" have the meanings provided by K.S.A. 8-1424 and 8-1473, and amendments thereto.
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 (1) year for a second (2nd) violation.
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 vehicles, together with a copy of the order. Upon receipt thereof, the division of vehicles shall issue without charge a driver's license which shall indicate on its face that conditions have been imposed on such person's privilege of operating a motor vehicle and that a certified copy of the order imposing such conditions is required to be carried by the person for whom the license was issued any time such person is operating a motor vehicle on the highways of this State. If the person convicted is a non-resident, the judge shall cause a copy of the order to be transmitted to the division and the division shall forward a copy of it to the motor vehicle administrator, of such person's State of residence. Such judge shall furnish to any person whose driver's license has had conditions imposed on it under this Section a copy of the order, which shall be recognized as a valid Kansas driver's license until such time as the division shall issue the restricted license provided for in this Section.
Upon expiration of the period of time for which conditions are imposed pursuant to this Subsection, the licensee may apply to the division for the return of the license previously surrendered by such licensee. In the event such license has expired, such person may apply to the division for a new license, which shall be issued immediately by the division upon payment of the proper fee and satisfaction of the other conditions established by law, unless such person's privilege to operate a motor vehicle on the highways of this State has been suspended or revoked prior thereto. If any person shall violate any of the conditions imposed under this Subsection, such person's driver's license or privilege to operate a motor vehicle on the highways of this State shall be revoked for a period of not less than sixty (60) days nor more than one (1) year by the judge of the court in which such person is convicted of violating such conditions.
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.
The court shall report to the division every conviction of a violation of this Section or of a City ordinance or county resolution that prohibits the acts prohibited by this Section. Prior to sentencing under the provisions of this Section, the court shall request and shall receive from the division a record of all prior convictions obtained against such person for any violations of any of the motor vehicle laws of this State.
For the purpose of determining whether a conviction is a first (1st), second (2nd) or subsequent conviction in sentencing under this Section:
"Conviction" includes being convicted of a violation of an ordinance of any City, or resolution of any County, which prohibits the acts that this Section prohibits;
Only convictions occurring in the immediately preceding five (5) 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 (1st), second (2nd) or subsequent offender, whichever is applicable; and
It is irrelevant whether an offense occurred before or after conviction for a previous offense.
This Section shall not be construed as preventing any City from enacting ordinances, or any county from adopting resolutions, declaring acts prohibited by this Section as unlawful or prohibited in such City or County and prescribing penalties for violation thereof, but such ordinance or resolution shall provide for suspension or restriction of driving privileges as provided by this Section and the convicting court shall be required to report convictions for violations of such ordinance or resolution as provided by Subsection (I).
This Section shall be part of and supplemental to the uniform act regulating traffic on highways.
No person shall drink or consume alcoholic liquor on the public streets, alleys, roads or highways or inside vehicles while on the public streets, alleys, roads or highways.
No person shall drink or consume alcoholic liquor on private property except:
On premises where the sale of liquor by the individual drink is authorized by the club and drinking establishment act;
Upon private property by a person occupying such property as an owner or lessee of an owner and by the guests of such person, if no charge is made for the serving or mixing of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto, takes place;
In a private dining room of a hotel, motel or restaurant, if the dining room is rented or made available on a special occasion to an individual or organization for a private party and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto, takes place; or
Violation of any provision of this Section is a misdemeanor punishable by a fine of not less than fifty dollars ($50.00) or more than two hundred dollars ($200.00) or by imprisonment for not more than six (6) months, or both.
It shall be unlawful for any person to:
Lend any driver's license to or knowingly permit the use of any driver's license by any person under twenty-one (21) years of age for use in the purchase of any alcoholic liquor.
Lend any driver's license to or knowingly permit the use of any driver's license by a person under the legal age for consumption of cereal malt beverage for use in the purchase of any cereal malt beverage.
Lend any driver's license, non-driver's identification card or other form of identification to aid another person in wrongfully obtaining a driver's license or replacement driver's license.
Display or cause to be displayed or have in possession any fictitious or fraudulently altered driver's license by any person under twenty-one (21) years of age for use in the purchase of any alcoholic liquor or cereal malt beverage.
Upon a first (1st) conviction of a violation of any provision of Subsection (C) a person shall be guilty of a class B non-person misdemeanor and shall be sentenced to not less than one hundred (100) hours of public service and fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00).
The provisions of this Section shall apply to any driver's license, non-driver's identification card or other form of identification whether issued under the laws of this State or issued under the laws of another State or jurisdiction.
No licensee or permit holder, or any owner, officer or employee thereof, shall knowingly or unknowingly permit the possession or consumption of alcoholic liquor or cereal malt beverage by a minor on premises where alcoholic beverages are sold by such licensee or permit holder, except that a licensee's or permit holder's employee who is not less than eighteen (18) years of age may serve alcoholic liquor or cereal malt beverage under the on-premises supervision of the licensee or permit holder, or an employee who is twenty-one (21) years of age or older.
Violation of this Section is a misdemeanor punishable by a fine of not less than one hundred dollars ($100.00) and not more than two hundred fifty dollars ($250.00) or imprisonment not exceeding thirty (30) days, or both.
It shall be a defense to a prosecution under this section if:
The defendant permitted the minor to possess or consume the alcoholic liquor or cereal malt beverage with reasonable cause to believe that the minor was twenty-one (21) or more years of age; and
To possess or consume the alcoholic liquor or cereal malt beverage, the minor exhibited to the defendant a driver's license, Kansas non-driver's identification card or other official or apparently official document, containing a photograph of the minor and purporting to establish that such minor was twenty-one (21) or more years of age.
The Governing Body may revoke or suspend any license issued pursuant to the club and drinking establishment act for any one (1) or more of the following reasons:
The licensee has fraudulently obtained the license by giving false information in the application therefor or any hearing thereon.
The licensee has violated any of the provisions of this Act or any rules or regulations adopted hereunder.
The licensee has become ineligible to obtain a license or permit under this Act.
The licensee's manager or employee has been intoxicated while on duty.
The licensee or its manager or employee has permitted any disorderly person to remain on premises where alcoholic liquor is sold by such licensee.
There has been a violation of a provision of the laws of this City, State or of the United States pertaining to the sale of intoxicating or alcoholic liquors or cereal malt beverages or any crime involving a morals charge on premises where alcoholic liquor is sold by such licensee.
The licensee or its managing officers or any employee has purchased and displayed on premises where alcoholic liquor is sold by such licensee a Federal wagering occupational stamp issued by the United States Treasury Department.
The licensee or its managing officers or any employee has purchased and displayed on premises where alcoholic liquor is sold by such licensee a Federal coin operated gambling device stamp for the premises issued by the United States Treasury Department.
The licensee holds a license as a class B club, drinking establishment or caterer and has been found guilty of a violation of Article 10 of Chapter 44 of the Kansas Statutes Annotated under a decision or order of the Kansas Human Rights Commission which has become final or such licensee has been found guilty of a violation of K.S.A. 21-4003 and amendments thereto.
[Ord. No. 327, 9-27-1967; Code 1974 §3-309; Code 1983; CC 2000 §3-406]
No revocation or suspension shall be ordered until the licensee shall have been afforded a hearing before the Governing Body. Prior to holding any hearing to revoke or suspend a private club license, the licensee shall be given not less than two (2) weeks' notice prior to the hearing. Notice shall be given by certified mail, return receipt requested, addressed to the licensee at the address of the licensee as set out in the application for license.
[Ord. No. 327, 9-27-1967; Code 1974 §3-309; Code 1983; CC 2000 §3-407]
Any person who shall have his/her application for a license denied or have a license revoked or suspended shall have ten (10) days from the date of such denial, revocation or suspension to appeal to the District Court of Johnson County, Kansas.
[Ord. No. 315, 6-14-1967; Code 1974 §3-234; CC 2000 §3-217]
Except as provided in the paragraph at the end of Subsection (A), no manufacturer, distributor, agent or wholesaler shall:
Directly or indirectly sell, supply, furnish, give, pay for, loan or lease any furnishings, fixture or equipment on the premises of a place of business of a retailer;
Directly or indirectly pay for any retailer's license or advance, furnish, lend or give money for payment of such license;
Purchase or become the owner of any note, mortgage or other evidence of indebtedness of a retailer or any form of security therefor;
Directly or indirectly be interested in the ownership, conduct or operation of the business of any retailer; or
Be directly or indirectly interested in or owner, part owner, lessee or lessor of any premises upon which cereal malt beverages are sold at retail.
No manufacturer, distributor or wholesaler shall, directly or indirectly or through a subsidiary or affiliate or by any officer, director or firm of such manufacturer, distributor or wholesaler, furnish, give, lend or rent any interior decorations other than signs costing in the aggregate more than one hundred dollars ($100.00) in any one (1) calendar year for use in or about or in connection with any one (1) establishment on which products of the manufacturer, distributor or wholesaler are sold.
No person engaged in the business of manufacturing, distributing or wholesaling cereal malt beverages shall, directly or indirectly, pay for or advance, furnish or lend money for the payment of any license for another.
Any licensee who shall permit or assent or be a party in any way to any violation or infringement of the provisions of this Section shall be deemed guilty of a violation of this act and any money loaned contrary to a provision of this act shall not be recovered back or any note, mortgage or other evidence of indebtedness or security or any lease or contract obtained or made contrary to this act shall be unenforceable and void.
[Code 1987; CC 2000 §3-603]
[Ord. No. 1171 §§1 — 2, 8-10-2005]
Pursuant to 2005 Kansas Sess. Laws, Chapter 201, the sale at retail of cereal malt beverage in the original package is allowed within the City on any Sunday, except Easter, between the hours of 12:00 Noon and 8:00 P.M.
Pursuant to 2005 Kansas Sess. Laws, Chapter 201, the sale at retail of alcoholic liquor in the original package is allowed within the City on any Sunday, except Easter, between the hours of 12:00 Noon and 8:00 P.M. and on Memorial Day, Independence Day and Labor Day.
Editor's Note — This Section shall take effect sixty-one (61) days after final publication or on November 15, 2005, whichever is later, unless a sufficient petition for a referendum is filed, requiring a referendum to be held on the Section as provided in 2005 Kansas Sessions Laws, Chapter 201, in which case this Section shall become effective upon approval by a majority of the electors voting thereon.