CHAPTER III: BEVERAGES
   Article
      1.   GENERAL PROVISIONS
      2.   CEREAL MALT BEVERAGES
      3.   ALCOHOLIC LIQUOR
      4.   PRIVATE CLUBS
      5.   DRINKING ESTABLISHMENTS
      6.   CATERERS
      7.   TEMPORARY PERMITS
      8.   SPECIAL EVENT CMB PERMITS
ARTICLE 1: GENERAL PROVISIONS
Section
   3-101   Definitions
   3-102   Restriction on location
   3-103   Minors on premises
   3-104   Consumption on public property
   3-105   Public sale; consumption
   3-106   Identification card
§ 3-101 DEFINITIONS.
   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.
   ALCOHOL. 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.
   ALCOHOLIC LIQUOR. Includes 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.
   CATERER. 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.
   CEREAL MALT BEVERAGE. 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% alcohol by weight.
   CLASS A CLUB. 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.
   CLASS B CLUB. 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.
   CLUB. A Class A or Class B club.
   DRINKING ESTABLISHMENT. Premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.
   GENERAL RETAILER. A person who has a license to sell cereal malt beverages at retail.
   LIMITED RETAILER. 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.
   PLACE OF BUSINESS. Any place at which cereal malt beverages or alcoholic beverages or both are sold.
   TEMPORARY PERMIT. 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.
   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.
(Ord. 7-720, passed - -)
§ 3-102 RESTRICTION ON LOCATION.
   (a)   No alcoholic liquor shall be sold or served 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 (church, school, nursing home, library, hospital, said distance to be measured from the nearest property line of such church, school, nursing home, library, hospital), to the nearest portion of the building occupied by the premises.
   (b)   The distance location of division (a) above shall not apply to a club, drinking establishment, caterer or temporary permit holder when the license or permit applicant petitions for and receives a waiver of the distance limitation from the governing body. The governing body shall grant such a waiver only following public notice and hearing and a finding by the governing body that the proximity of the establishment is not adverse to the public welfare or safety.
   (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.
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