§ 5-7. Removal from licensed premises.

(a)

No person shall remove any open container of CMB from premises licensed as a drinking establishment or private club, from premises licensed for the sale of CMBs for consumption on the premises, from a caterer's premises, or from premises licensed pursuant to a state temporary permit, local temporary alcoholic liquor permit or local CMB special event retailer's permit.

(b)

It is unlawful for a licensee, or a manager, employee or agent thereof, to knowingly permit or allow any person to remove any open container of CMB from premises licensed as a drinking establishment or private club, from premises licensed for the sale of CMBs for consumption on the premises, from a caterer's premises, or from premises licensed pursuant to a state temporary permit, local temporary alcoholic liquor permit or local CMB special event retailer's permit.

(c)

In addition to the rights of a licensee pursuant to provisions of K.S.A. 41-2637 , K.S.A. 41-2641 or K.S.A. 41-2642 , and amendments thereto, a class A club license, class B club license or drinking establishment license shall allow the licensee to allow legal patrons of the club or drinking establishment to remove from the licensed premises one or more opened containers of alcoholic liquor, subject to the following conditions:

(1)

It must be legal for the licensee to sell the alcoholic liquor in its original container;

(2)

The alcoholic liquor must be in its original container;

(3)

Each container of alcoholic liquor must have been purchased by a patron and the alcoholic liquor in each container must have been partially consumed on the licensed premises;

(4)

The licensee or the licensee's employee must provide the patron with a dated receipt for the unfinished container or containers of alcoholic liquor; and

(5)

Before the container of alcoholic liquor is removed from the licensed premises, the licensee or the licensee's employee must securely reseal each container, place the container in a tamper-proof, transparent bag which is sealed in a manner that makes it visibly apparent if the bag is subsequently tampered with or opened.

(Code 1967, § 3-7; Ord. No. 1679, § 4, 10-24-2011)