§ 5-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alcoholic liquor means alcohol, spirits, wine, beer, and alcoholic candy (as those terms are defined in K.S.A. 41-102 and amendments thereto), and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being, but shall not include cereal malt beverage (CMB).
Alcoholic liquor retailer means a person who sells at retail, or offers for sale at retail, alcoholic liquors. "Alcoholic liquor retailer" does not include a microbrewery, microdistillery or a farm winery.
Caterer means an individual, partnership or corporation licensed pursuant to K.S.A. 41-2601 et seq. which sells alcoholic liquor by the individual drink, and provides services relating to the serving thereof, on unlicensed premises which may be open to the public, but does not include a holder of a state or local temporary permit, selling alcoholic liquor in accordance with the terms of such permit.
Cereal malt beverage (CMB) means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage, as defined herein, but does not include any such liquor which is more than 3.2 percent alcohol by weight.
Class A club means a premises licensed pursuant to K.S.A. 41-2601 et seq. and 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 director of alcoholic beverage control of the state department of revenue, 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 means a premises licensed pursuant to K.S.A. 41-2601 et seq. and which is 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.
Club or private club means a class A or class B club.
Club and Drinking Establishment Act means the provisions of K.S.A. 41-2601 et seq. and any amendments thereto.
Distributor means the person importing or causing to be imported into the state or purchasing or causing to be purchased within the state, alcoholic liquor for sale or resale to retailers licensed under this chapter and the Kansas liquor control act or CMB for sale or resale to retailers licensed under this chapter and K.S.A. 41-2702 , and amendments thereto.
Domestic beer means beer which contains not more than 15 percent alcohol by weight and which is manufactured in this state.
Domestic fortified wine means wine which contains more than 14 percent, but not more than 20 percent alcohol by volume and which is manufactured in this state.
Domestic table wine means wine which contains not more than 14 percent alcohol by volume and which is manufactured without rectification or fortification in this state.
Drinking establishment means premises licensed pursuant to K.S.A. 41-2601 et seq. and that may be open to the general public, where alcoholic liquor by the individual drink is sold. "Drinking establishment" includes a railway car.
Farm winery means a winery licensed by the director of alcoholic beverage control of the state department of revenue to manufacture, store and sell domestic table wine and domestic fortified wine.
Flavored malt beverage shall have the meaning set forth in K.S.A. 2010 Supp. 41, 2729 ( 41-2729 ) and amendments thereto.
Food means any raw, cooked or processed edible substance or ingredient, other than alcoholic liquor or CMB, used or intended for use or for sale, in whole or in part, for human consumption.
General CMB retailer is a person with a license to sell cereal malt beverages (CMBs) at retail only for consumption on the licensed premises.
Hard cider means any alcoholic beverage that: (1) contains less than 8.5 percent alcohol by volume; (2) has a carbonation level that does not exceed 6.4 grams per liter; and (3) is obtained by the normal alcoholic fermentation of the juice of sound, ripe apples or pears, including such beverages containing sugar added for the purpose of correcting natural deficiencies.
Legal age for consumption of cereal malt beverages means 21 years of age, except that "legal age for consumption of CMB" means 18 years of age if at any time the provisions of P.L. 98-363 penalizing states for permitting persons under 21 years of age to consume CMB are repealed or otherwise invalidated or nullified.
Limited CMB retailer is a person with a license to sell CMBs at retail only in original and unopened containers and not for consumption on the premises.
Manufacture means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with any alcoholic liquor, beer or CMB.
Manufacturer means every brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic liquor, beer or CMB. "Manufacturer" does not include a microbrewery, microdistillery or a farm winery.
Microbrewery means a brewery licensed by the director of alcoholic beverage control of the state department of revenue to manufacture, store and sell domestic beer and hard cider.
Microdistillery means a facility which produces spirits from any source or substance that is licensed by the director of alcoholic beverage control of the state department of revenue to manufacture, store and sell spirits.
Minor means a person under 21 years of age.
Morals charge means a charge involving the sale of sexual relations; procuring any person; soliciting of a child under 18 years of age for any immoral act involving sex; possession or sale of narcotics, marijuana, amphetamines or barbiturates; rape; incest; gambling; illegal cohabitation; adultery; bigamy; or a crime against nature.
Nonprofit, religions, charitable, fraternal, educational, or veterans' organization shall have those meanings as ascribed and defined in K.S.A. 79-4701 .
Original package means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor. Original container does not include a sleeve.
Place of business means any place where alcoholic liquor or CMBs are sold.
Premises means the specific area described in the license application and approved as the location upon which the CMB or alcoholic liquor may be sold or consumed under the license.
Railway car means a locomotive drawn conveyance used for the transportation and accommodation of human passengers that is confined to a fixed rail route and which derives from sales of food for consumption on the railway car not less than 30 percent of its gross receipts from all sales of food and beverages in a 12-month period.
Sale means any transfer, exchange or barter in any manner or by any means whatsoever for a consideration, and includes all sales made by any person, whether principal, proprietor, agent, servant or employee.
School means any institution of learning, whether public or private. This definition includes, but is not limited to, a primary school, secondary school, trade school, college and university.
Sell at retail and sale at retail mean sales for use or consumption and not for resale in any form and sales to clubs, licensed drinking establishments, licensed caterers or holders of temporary permits. "Sell at retail" and "sale at retail" do not refer to or mean sales by a distributor, a microbrewery, a farm winery, a licensed club, a licensed drinking establishment, a licensed caterer or a holder of a state or local temporary permit.
Sleeve means a package of two or more 50-milliliter (3.2-fluid-ounce) container of spirits.
Special event means a picnic, bazaar, festival or other similar community gathering, which has been approved by the city council.
State temporary permit means a temporary permit issued by this state pursuant to K.S.A. 41-2601 , and amendments thereto and does not mean a local temporary alcoholic liquor permit or local CMB special event retailer's permit issued by the city pursuant to article VII of this chapter.
To sell means to solicit or receive an order for, to keep or expose for sale and to keep with intent to sell.
(Code 1967, § 3-1; Ord. No. 1679, § 1, 10-24-2011; Ord. No. 1785 , § 1, 7-9-2018)