(a) (1) At the discretion of the governing body the city may establish one or more common consumption areas within the limits of the city by ordinance and authorize the possession and consumption of alcoholic liquor or cereal malt beverage within the common consumption area.
(2) The ordinance shall designate the boundaries of any common consumption area and prescribe the times during which alcoholic liquor or cereal malt beverage may be consumed therein.
(3) The ordinance shall require that any public street or roadway that lies within a common consumption area be blocked from motorized traffic during the hours in which alcoholic liquor or cereal malt beverage is consumed.
(b) Applications for the establishment of common consumption areas shall be submitted to the City Clerk, subject to the following.
(1) The application shall describe the proposed boundaries, including a description of the physical barrier or other apparent demarcation to be used, of any common consumption area and the proposed times during which alcoholic liquor may be consumed therein.
(2) Each application shall be accompanied by a non-refundable application fee.
(3) Each application shall be accompanied by an acknowledgment that each common consumption area permit holder shall be liable for violations of all liquor laws that occur off the licensee’s premises, but within the common consumption area identified in the ordinance and that no permit holder shall permit any person to remove any open container of alcoholic liquor from the boundaries of the common consumption area.
(c) The City Clerk shall immediately notify the director of the division of alcoholic beverage control of the establishment of a common consumption area within the city and submit a copy of the ordinance along with such notice.
(d) In order to participate in the common consumption area, licensees must apply for and receive a permit from the Director of the Division of Alcoholic Beverage Control.
(K.S.A. 41-2659)