For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 CANDY.
(1) For purposes of manufacturing, any candy or other confectionary product with an alcohol content greater than 0.5% alcohol by volume; and
(2) For purposes of sale at retail, any candy or other confectionary product with an alcohol content greater than 1% alcohol by volume.
ALCOHOLIC LIQUOR. Alcohol, spirits, wine, beer, alcoholic candy 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 or cereal malt beverage 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 or cereal malt beverage 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 or any flavored malt beverage, as defined in K.S.A. 41-2729 (2018 Supp.), and amendments thereto or any flavored malt beverage, as defined in K.S.A. 41-2729, 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, 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 as provided in K.S.A. 41-2637.
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.
COMMON CONSUMPTION AREA. A defined indoor or outdoor area not otherwise subject to a license issued pursuant to the Kansas Liquor Control Act or the Club and Drinking Establishment Act where the possession and consumption of alcoholic liquor is allowed pursuant to a common consumption area permit. The boundaries of any common consumption area must be clearly marked using a physical barrier or any apparent line of demarcation.
DRINKING ESTABLISHMENT. Premises which may be open to the general public, where alcoholic liquor by the individual drink is sold. The term DRINKING ESTABLISHMENT includes a railway car.
ENHANCED CEREAL MALT BEVERAGE. Cereal malt beverage as defined herein, and such term shall include beer containing not more than 6% alcohol by volume when such beer is sold by a retailer licensed under the Kansas Cereal Malt Beverage Act, being K.S.A. 41-2701 et seq.
GENERAL RETAILER. A person who has a license to sell cereal malt beverages and beer containing not more than 6% alcohol by volume at retail.
LIMITED RETAILER. A person who has a license to sell cereal malt beverages and beer containing not more than 6% alcohol by volume 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, which allows the permit holder to offer for sale, sell and serve alcoholic liquor or cereal malt beverage for consumption on unlicensed premises, open to the public.
WHOLESALER or DISTRIBUTOR. Any individuals, firms, co-partnerships, corporations and associations which sell or offer for sale any beverage referred to in this chapter, to persons, co-partnerships, corporations and associations authorized by this chapter to sell cereal malt beverages and beer containing not more than 6% alcohol by volume at retail.
(Ord. 1020, passed - -; Ord. 1707, passed 3-19-2019)