Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.
(a) Alcohol means 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.
(b) Alcoholic liquor means 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.
(c) Caterer means 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.
(d) Cereal Malt Beverage means 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 3.2 percent alcohol by weight.
(e) Class A Club means a premises 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 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.
(f) Class B Club means 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
(g) Club means a Class A or Class B club.
(h) Drinking Establishment means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.
(i) General Retailer means a person who has a license to sell cereal malt beverages at retail.
(j) Limited Retailer means 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.
(k) Place of Business. Any place at which cereal malt beverages or alcoholic beverages or both are sold.
(l) Temporary Permit means 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.
(m) Wholesaler or distributor. Any individuals, firms, copartnerships, corporations and associations which sell or offer for sale any beverage referred to in this chapter, to persons, copartnerships, corporations and associations authorized by this chapter to sell cereal malt beverages at retail.
(a) No alcoholic liquor shall be sold by a person holding a license or permit from the city whose place of business or other premises are located within 200 feet of any school, college or church, said distance to be measured from the nearest property line of such school, college or church to the nearest portion of the building occupied by the premises; except that if any such school, college or church is established within 200 feet of any licensed premises after the premises have been licensed, the premises shall be an eligible location for retail licensing.
(b) The distance location of subsection (a) above shall not apply to a club, drinking establishment, restaurant, caterer or temporary permit holder.
(c) No license or permit shall be issued for the sale of alcoholic liquor 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.
(K.S.A. 41-710; Code 2017)
(a) It shall be unlawful for any person under the age of 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.
(b) 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 21 years to remain on the premises.
(c) This section shall not apply if the person under the age of 21 years is accompanied by his or her parent or guardian, or if the licensed or permitted premises derives not more than 30 percent of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption.
(a) For purposes of this section the following terms shall mean:
(1) Cereal Malt Beverage means cereal malt beverage as defined in K.S.A. §41-2701, and amendments thereto.
(2) Alcoholic Beverage means alcoholic liquor or beer as defined in K.S.A. §41-102 and amendments thereto.
(3) Highways and Public Places shall include streets, alleys and public ways of the City of Bucklin, and State and Federal Highways within the corporate limits of said City.
(b) Consumption of cereal malt beverages and alcoholic beverages prohibited. It shall be unlawful to consume cereal malt beverages and alcoholic beverages in the streets and public ways of the City of Bucklin, at all times, except provided herein.
(1) Consumption of alcohol and cereal malt beverages is permitted inside the Bucklin Community Building, without a permit as set forth hereinafter.
(2) Upon application properly executed and approved by the governing body of the City of Bucklin, Kansas, an individual or organization may obtain an exemption permitting the consumption of cereal malt beverages or alcoholic beverage for a specific time and place on public property, for public or private gatherings, and upon fulfilling the following conditions:
(A) Applications must be made under oath upon a form provided by the City of Bucklin and be submitted to the City at least five (5) business days prior to the event. They must be completed in full and accompanied by the appropriate fee, where required. Any incomplete application need not be acted upon.
(B) All applications must be approved by the City Clerk and two (2) elected officials,
(C) he Application must specify the date, time and location of the event for which the permit is sought. Once approved, the permit shall not be transferable to another date, time or location without approval of the City Council.
(D) The Application must be made by an individual or by an organization. If made by an organization, the Application shall state the name of the person in the organization responsible for proper implementation of the permit and be signed by the responsible person.
(E) The applicant or responsible person must be at least 21 years of age and have no felony or alcohol related convictions. The applicant or responsible person must state his/her agreement to be present on the premises during the entire event and to insure that the laws of the State of Kansas pertaining to the consumption of cereal malt beverages and alcoholic beverages are observed.
(F) No Application shall be approved unless accompanied by a deposit in the amount of $100.00.
(G) By making Application for the permit, the applicant or organization shall agree to be responsible for damages to the public property or cleanup of the public property arising in connection with the event or gathering.
(H) After the event or gathering, the City Mayor or the designee of the Mayor shall inspect the premises and if satisfied with the condition thereof, shall authorize the City Clerk to return the deposit to the applicant or organization. If necessary to defray the costs of clean up or damages, the City Clerk shall retain the necessary amount and return that portion of the deposit remaining after costs of clean up or damage reparation.
(I) If the City has probable cause to believe that a violation of the laws of the State of Kansas pertaining to the consumption of cereal malt beverages or alcoholic beverages has occurred, the City Attorney may issue a complaint to the applicant or responsible party in Municipal Court and, if said violation of this article, if approved, to seek forfeiture of said deposit and or fine in an amount of not less than $100.00, and not more than $500.00.
(J) The Council specifically retains the right to limit or prohibit the use of any public property for any public or private event or gathering or to impose reasonable restrictions for the use thereof as concern the date, locations, and hours of operation in order to ensure public safety, proper coordination of community wide events, eliminate disruption of traffic patterns, noise congestions, and provide for reasonable supervision of the event and protection of private property.
(d) Failure to apply for permit or for making a false application; penalties. Any person or group that violates the provision of this article by consuming cereal malt beverages or alcoholic beverages on public property without having first obtained a permit shall, upon conviction in Municipal Court, be liable in the amount of not less than $100.00 and not more than $500.00. Any person who makes a false Application shall, upon conviction, be liable in the amount of not less than $100.00 and not more than $500.00.
(K.S.A. Supp. 41-719; Ord. 614; Ord. 632; Ord. 814; Code 2017)
(a) It shall be unlawful for any person to sell, serve or dispense any cereal malt beverage or alcoholic beverage 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.
(b) It shall be unlawful for any person to drink or consume any cereal malt beverage or alcoholic beverage 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.
(c) 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.
(K.S.A. 41-719; Code 2017)
(a) It shall be unlawful for any person to transport in any vehicle upon a highway or street any cereal malt beverage or alcoholic beverage unless such beverage is:
(1) In the original, unopened package or container, the seal of which has not been broken and from which the original cap or cork or other means of closure has not been removed;
(2) 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;
(3) In the exclusive possession of a passenger in a vehicle which is a recreational vehicle as defined by K.S.A. 75-1212 or a bus as defined by K.S.A. 8-1406, 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.
(b) As used in this section highway and street have meanings provided by K.S.A. 8-1424 and K.S.A. 8-1473 and amendments thereto.
(K.S.A. 41-804, 41-2719; Code 2017)
It shall be unlawful for any person to consume any cereal malt beverage or alcoholic beverage while operating any vehicle upon any street or highway.
(K.S.A. 41-719, 41-2720; Ord.; 614; Ord. 632; Code 2017)
(a) It shall be unlawful for any person to:
(1) Display, cause or permit to be displayed, or have in possession, any fictitious, fraudulently altered, or fraudulently obtained identification card for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
(2) Display or represent any identification card not issued to such person as being his or her card for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
(3) Permit any unlawful use of an identification card issued to a person for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
(4) Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card or display or have in possession any such photograph, photostat, duplicate, reproduction or facsimile for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
(b) It shall be unlawful for any person to:
(1) Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the sale, purchase or consumption of any alcoholic liquor.
(2) Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the sale, purchase or consumption of any cereal malt beverage.
(a) It shall be unlawful for any person under 21 years of age to purchase or attempt to purchase any cereal malt beverage.
(b) It shall be unlawful for any person under 21 years of age to purchase or attempt to purchase any alcoholic liquor.
(K.S.A. Supp. 41-727; Code 2017)