CHAPTER III. ALCOHOLIC BEVERAGESCHAPTER III. ALCOHOLIC BEVERAGES\ARTICLE 2. ALCOHOLIC LIQUOR

(a)   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.

(b)   No person shall drink or consume alcoholic liquor on private property except:

(1)   On premises where the sale of liquor by the individual drink is authorized by the Club And Drinking Establishment Act (K.S.A. 41-2601 et seq.);

(2)   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 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 takes place;

(3)   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 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 takes place;

(4)   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 takes place; or

(5)   On the premises of a microbrewery or farm winery, if authorized by K.S.A. 41-308a or 41-308b.

(c)   No person shall drink or consume alcoholic liquor on public property except:

(1)   On real property leased by a city to others under the provisions of K.S.A. 12-1740—12-1749, if such real property is actually being used for hotel or motel purposes or purposes incidental thereto.

(2)   In any state-owned or state-operated building or structure, and on the surrounding premises, which is furnished to and occupied by any state officer or employee as a residence.

(3)   On the premises of any state-owned historic site under the jurisdiction and supervision of the state historical society, on the surrounding premises and in any other building on such premises, as authorized by rules and regulations of the state historical society.

(4)   In a lake resort within the meaning of K.S.A. 32-867 on state-owned or leased property.

(5)   On property exempted from this subsection of K.S.A. 41-719(c) pursuant to K.S.A. 41-719.

(K.S.A. 41-719; Code 1971, § 3-18)

It shall be unlawful for any person to sell or keep for sale any alcoholic liquor without first having procured a license so to do under the provisions of the Kansas Liquor Control Act (K.S.A. 41-101 et seq.).

(Code 1971, § 3-17)

(a)   Consumption of alcoholic beverages shall be permitted in such areas adjacent to Stanton Field and Kitterman Field in the southeast corner of the Concordia Sports Complex as are designated by the city manager.

(b)   Consumption of alcoholic beverages shall be permitted at Broadway Plaza, 600 Broadway, Concordia, more particularly described as Lots One (1), Two (2), Three (3), Four (4) and Five (5) in Block One Hundred Thirty-five (135), in the City of Concordia, Kansas, at such times and under such terms and conditions as shall be approved by the city manager or his designate, in accordance with the operating policies set forth in the user agreement for Broadway Plaza as approved by the governing body.

(c)   Consumption of alcoholic beverages shall be permitted at the Brown Grand Theatre, 310 W. 6th St., Concordia, at the discretion of the Board of Directors of Brown Grand Opera House, Inc.

(Ord. No. 2014-3081, § 2, 9-17-2014; Ord. 2015-3100)

(a)   Alcoholic liquor may be consumed at a special event held on public streets, alleys, roads, sidewalks or highways of the City of Concordia when a temporary permit has been issued by Kansas Alcoholic Beverage Control pursuant to K.S.A. 41-2645, and amendments thereto, for such special event. Such special event must be approved by ordinance of the governing body. No alcoholic liquor may be consumed inside vehicles while on public streets, alleys, roads or highways at any such special event.

(b)   No person shall remove any alcoholic liquor from inside the boundaries of a special event as designated by the governing body. The boundaries of such special event shall be clearly marked by signs, a posted map or other means which reasonably identify the area in which alcoholic liquor may be possessed or consumed at such special event.

(c)   No person shall possess or consume alcoholic liquor inside the premises licensed as a special event that was not sold or provided by the licensee holding the temporary permit for such special event.

(Ord. No. 2014-3073, § 2, 7-2-2014)

All drinking establishment licensees must comply with all statutory requirements and state regulations applicable to them. Failure to do so is a misdemeanor for which the minimum penalty is the same as the minimum penalty for violation of such state statutes and regulations then in force, for which the maximum penalty is the same as the maximum penalty for violation of such state statutes and regulations then in force.

(K.S.A. 41-2601 et seq.; Code 1971, § 3-86(a))

(a)   No drinking establishment shall allow the serving, mixing, or consumption of alcoholic beverages on its premises between the hours of 2:00 a.m. and 9:00 a.m. on any day.

(b)   Cereal malt beverages may be sold on premises licensed for retail sale of cereal malt beverages for on-premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises.

(c)   A hotel of which the entire premises are licensed as a drinking establishment or as a drinking establishment/caterer may allow at any time the serving, mixing and consumption of alcoholic liquor and cereal malt beverage from a minibar in a guestroom by guests registered to stay in such room, and guests of guests registered to stay in such room.

(K.S.A. 41-2614(a), 41-2704(g), 41-2614(c); Code 1971, § 3-86(b), (c))

(a)   There is hereby levied an annual license tax on each private club located in the city which has a private club license issued by the state director of alcoholic beverage control, which tax shall be paid before business is begun under an original state license and within five days after any renewal of a state license. The city license tax for a class A club shall be $150.00, and the city license tax for a class B club shall be $150.00.

(b)   All applications to pay the license tax shall be submitted to the city clerk. Upon presentation of a state license, payment of the city license tax and the license application, the city clerk shall issue a city receipt for the period covered by the state license if there are no conflicts with any zoning, alcoholic beverage or other ordinances of the city.

(c)   The license tax period shall be valid for the period covered by the state license. No license tax shall be refunded for any reason.

(d)   Every person who pays the license tax shall cause the city license tax receipt to be placed in plain view next to or below the state license in a conspicuous place on the premises.

(e)   A person who violates any of the provisions of this section shall be punished by:

(1)   A fine of not more than $499.00;

(2)   Imprisonment in jail for not more than 179 days; or

(3)   Both such fine and imprisonment not to exceed subsections (e)(1) and (e)(2) of this section.

(K.S.A. 41-2622(b); Code 1971, § 3-26(b)—(e))

(a)   There is hereby levied an annual license tax on each drinking establishment located in the city which has a drinking establishment license granted by the state.

(b)   A hotel of which the entire premises are licensed by the state as a drinking establishment or as a drinking establishment/caterer, which sells alcoholic liquor or cereal malt beverage by means of minibars located in guestrooms, shall be subject to the annual license tax provided for in this section.

(c)   The annual license tax must be paid before business is begun under a state license and within five days after renewal of a state license. Drinking establishments doing business on the effective date of this article must pay the tax within five days after such effective date.

(d)   The annual city license tax is $150.00.

(e)   Persons paying the license tax shall submit a copy of a valid state license. The city clerk must issue a city license receipt for the period covered by the state license, if there are no conflicts with any zoning or alcoholic beverage ordinances of the city.

(f)   The city license tax extends for the time period covered by the state license. No license tax, nor any part of the license tax, is refundable for any reason.

(g)   Every licensee must display the city license tax receipt in a conspicuous place on the licensed premises adjacent to the state license.

(K.S.A. 41-2622(b); Code 1971, §§ 3-82—3-85)