For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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.
DIRECTOR. The Director of Alcoholic Beverage Control of the Department of Revenue.
DRINKING ESTABLISHMENT. Premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.
INDIVIDUAL DRINK. A beverage containing alcoholic liquor or cereal malt beverage served to an individual for consumption by such individual or another individual, but which is not intended to be consumed by two or more individuals. The term INDIVIDUAL DRINK includes beverages containing not more than eight ounces of wine, 32 ounces of beer or cereal malt beverage, or four ounces of a single spirit or a combination of spirits.
LEGAL AGE FOR CONSUMPTION OF CEREAL MALT BEVERAGE. A person 21 years of age or older.
MINOR. Any person under 21 years of age.
MORALS CHARGE. A charge involving prostitution; procuring any person; soliciting of a child under 18 years of age for any immoral act involving sex; possession or sale of narcotics, marijuana, amphetamines or barbiturates; rape; incest; gambling; illegal cohabitation; adultery; bigamy; or a crime against nature.
NON-BEVERAGE USER. Any manufacturer of any of the products set forth and described in K.S.A. 41-501, and amendments thereto, which the products contain alcohol or wine, and all laboratories using alcohol for non-beverage purposes.
ORIGINAL PACKAGE. Any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, or contain and to convey any alcoholic liquor. Original container does not include a sleeve.
PERSON. Any individual, firm, partnership, corporation or association.
PLACE OF BUSINESS. Any place at which cereal malt beverages are sold.
RESTAURANT.
(1) In the case of a club, a licensed food service establishment which, as determined by the Director derives from sales of food for consumption on the licensed club premises not less than 50% of its gross receipts from all sales of food and beverages on such premises in a 12-month period;
(2) In the case of a drinking establishment subject to a food sales requirement under K.S.A. 41-2642, and amendments thereto, a licensed food service establishment which, as determined by the Director, derives from sales of food for consumption on the licensed drinking establishment premises not less than 30% of its gross receipts from all sales of food and beverages on such premises in a 12-month period; and
(3) In the case of a drinking establishment subject to no food sales requirement under K.S.A. 41-2542, and amendments thereto, a licensed food service establishment.
RETAILER. A person who sells at retail, or offers for sale at retail, alcoholic liquors. RETAILER does not include micro brewery or a farm winery. It also includes any person who sells or offers for sale any cereal malt beverage for use or consumption and not for resale in any form.
SELL AT RETAIL and SALE AT RETAIL.
(1) Sales for use or consumption and not for resale in any form and sales to clubs, licensed drinking establishments, licensed caterers or holders, or temporary permits.
(2) Does not refer to or mean sales by a distributor, a microbrewery, a farm winery, a licensed club, a licensed drinking establishment, a licensed caterer or a holder of a temporary permit.
(Ord. 657, passed 11-18-2014)