§ 5-4. Consumption, possession prohibited in certain places; exceptions.
(a)
Public places.
(1)
Except as otherwise provided for herein and in K.S.A. 8-1599 , and amendments thereto, no person shall drink or consume, or possess any open container of alcoholic liquor or CMB on the public streets, alleys, roads, highways, sidewalks, parking lots, or other such similar public place open to use by the public or where the public may congregate, whether owned publicly or privately, or within any vehicle in or upon such place.
(2)
Exceptions.
a.
Alcoholic liquor may be consumed at a special event or catered event held on public streets, alleys, roads, sidewalks or highways when a state temporary permit has been issued pursuant to K.S.A. 41-2645 , and amendments thereto and a local temporary alcoholic liquor permit has been issued pursuant to article VII of this chapter, for such special event or when the caterer's licensee has provided the required notification pursuant to K.S.A. 41-2645 , and amendments thereto and the caterer has a caterer's license issued by the city pursuant to article VI of this chapter. Such special event must be approved by ordinance by the city council. No alcoholic liquor may be consumed inside vehicles while on public streets, alleys, roads, sidewalks or highways at any such special event or catered event.
b.
CMB may be consumed at a special event held on public streets, alleys, roads, sidewalks or highways when a local CMB special event retailer's permit has been issued pursuant to article VII of this chapter for such special event. Such special event must be approved by ordinance by the city council. No CMB may be consumed inside vehicles while on public streets, alleys, roads, sidewalks or highways at any such special event.
(b)
Private property.
(1)
Alcoholic liquor. It is unlawful for any person to drink or consume alcoholic liquor on private property, or to have in his possession any open container of alcoholic liquor on private property, except:
a.
On premises where the sale of liquor by the individual drink is authorized by the Club and Drinking Establishment Act and this chapter;
b.
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;
c.
In a lodging room of any hotel, motel or boardinghouse by the person occupying such room 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 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;
d.
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 an 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;
e.
On the premises of a manufacturer, microbrewery, microdistillery or farm winery, if authorized by K.S.A. 41-305 , 41-308a , K.S.A. 41-308b or K.S.A. 41-354 , and amendments thereto; or
f.
On the premises of an unlicensed business as authorized pursuant to subsection (d).
(2)
CMB. It is unlawful for any person to drink or consume CMBs on private property, or to have in his possession any open container of CMB on private property, except:
a.
On premises licensed pursuant to this chapter for on-premises consumption of CMBs;
b.
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 of any CMB;
c.
In a lodging room of any hotel, motel or boardinghouse by the person occupying such room and by the guests of such person, if no charge is made for the serving of any CMB; or
d.
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 an organization for a private party and if no sale of any CMB takes place.
(c)
City-owned property. It is unlawful for any person to drink or consume any alcoholic liquor or CMB on city-owned property, or to have in his possession any open alcoholic liquor or CMB on city-owned property, subject to the following exceptions:
(1)
Alcoholic liquor may be served, dispensed and consumed during a city-sponsored event on city-owned property, provided that such serving, dispensing and consumption shall be in accordance with written rules and regulations relating to city-owned properties approved by the city council.
(2)
Alcoholic liquor may be served, dispensed and consumed during events not sponsored by the city at the Community Center or Merriam Marketplace, provided that such serving, dispensing and consumption shall be in accordance with written rules and regulations relating to city-owned properties approved by the city council.
(3)
Upon the city council's approval, alcoholic liquor may be offered for sale, sold and served for consumption during a city-sponsored event on city-owned property, pursuant to a valid state caterer's license and caterer's license issued by the city pursuant to article VI of this chapter.
(d)
Unlicensed business.
(1)
An unlicensed business may authorize patrons or guests of such business to consume alcoholic liquor on the premises of such business provided:
a.
Such alcoholic liquor is in the personal possession of the patron and is not sold, offered for sale or given away by the owner of such business or employees thereof;
b.
Possession and consumption of alcoholic liquor shall not be authorized between the hours of 12:00 a.m. and 9:00 a.m.;
c.
The business, or any owner thereof, shall not have had a license issued under either the Kansas liquor control act or the club and drinking establishment act revoked for any reason; and
d.
No charge of any sort may be made by the business for the privilege of possessing or consuming alcoholic liquor on the premises, or for mere entry onto the premises.
(2)
It shall be a violation of this subsection for any unlicensed business to authorize the possession or consumption of alcoholic liquor by a patron of such business when such authorization is not in accordance with the provisions of this subsection.
(3)
For the purpose of this subsection, "patron" means a natural person who is a customer or guest of an unlicensed business.
(e)
Violation. Violation of any provision of this section is a misdemeanor, punishable by a fine of not less than $50.00 or more than $200.00 or by imprisonment for not more than six months, or both. Upon a conviction, plea of no contest, or guilty plea for violation of this section by a person 18 or more years of age but less than 21 years of age, the municipal judge shall order such person to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008 , and amendments thereto and to pay a fee not to exceed the fee established by that statute for such evaluation. If the judge finds that the person is indigent, the fee may be waived.
(Code 1967, § 3-4; Ord. No. 1679, § 2, 10-24-2011; Ord. No. 1785 , § 3, 7-9-2018)