It shall be unlawful for any person granted a temporary permit by the State of Kansas to sell or serve any alcoholic liquor within the city without first obtaining a local temporary permit from the city clerk. It shall be unlawful for any person to sell or serve any Cereal Malt Beverage “CMB” at any special event within the city without first obtaining a local special event permit from the city clerk.

(Ord. 1442; Code 2021)

(a)   There is hereby levied a temporary alcoholic liquor permit fee in the amount of $25 per day on each group or individual holding a temporary permit issued by the state director of alcoholic beverage control authorizing sales within the city, which fee shall be paid before the event is begun under the state permit. There is hereby levied a special CMB event permit fee in the amount of $25 on each group or individual, which fee shall be paid before the event begins. Such fees shall be in addition to the fees to be remitted to the Division of Alcohol Beverage Control.

(b)   Every temporary permit holder and/or local special event permit holder shall cause the permit receipt to be placed in plain view on any premises within the city where the holder of the permit is serving CMB or serving or mixing alcoholic liquor for consumption on the premises.

(Ord. 1442; Code 2021)

(a)   It shall be unlawful for any person to conduct an event under a state issued alcoholic liquor temporary permit without first applying for a local temporary permit at least thirty days before the event. It shall be unlawful for any person to serve CMB at a special event without first applying for a local special event permit at least thirty days before the event. Written application for the local special event permit shall be made to the city clerk on the form used for annual cereal malt beverage sales as directed by the city clerk. Written applications for the local alcoholic liquor temporary permit or the local special CMB event permit shall be made to the city clerk and shall clearly state:

(1)   the name of the applicant;

(2)   the group for which the event is planned;

(3)   the location of the event;

(4)   the date and time of the event;

(5)   any anticipated need for police, fire or other municipal services.

(b)   Upon presentation of a state alcoholic liquor temporary permit, payment of the city’s alcoholic liquor temporary permit fee or upon meeting the requirements to obtain a special CMB event permit and a written application as provided for in subsection (a), the city clerk shall issue a local temporary alcoholic liquor permit and/or special CMB event permit to the applicant if there are no conflicts with any zoning or other ordinances of the city.

(c)   The city clerk shall notify the chief of police or other chief law enforcement officer whenever a temporary permit has been issued and forward a copy of the permit and application to such officer.

(Ord. 1442; Code 2021)

(a)   No temporary permit holder shall allow the serving, mixing or consumption of alcoholic liquor or serving of CMB between the hours of 12:00 a.m. and 6:00 a.m. at any event for which a temporary permit has been issued.

(b)   No alcoholic beverages or CMB shall be given, sold or traded to any person under 21 years of age.

(c)   No more than four permits may be issued in a calendar year to the same applicant.

(d)   No permit issued hereunder may be transferred or assigned to any other vendor.

(e)   All local ordinances and state statutes for the sale and consumption of CMB or Alcoholic Liquor apply to holders of permits.

(Ord. 1442; Code 2021)

(a)   For the purposes of this section, “special event” means a picnic, bazaar, festival, or other similar community gathering, which has been approved by the city council.

(b)   A temporary permit may be issued for the consumption of alcoholic liquor on a city, county or township street, alley, road, sidewalk or highway for a special event; provided, that such street, alley, road, sidewalk or highway is closed to motor vehicle traffic by the city council for such special event, a written request for such consumption and possession of such alcoholic liquor has been made to the city council and the special event is approved by the city council by resolution. The boundaries of such special event shall be clearly marked by signs, a posted map or other means which reasonably identify the area in which alcoholic liquor may be possessed or consumed at such special event.

(c)   Drinking establishments that are immediately adjacent to, or located within the licensed premises of a special event, for which a temporary permit has been issued and the consumption of alcoholic liquor on public property has been approved, may request that the drinking establishment’s licensed premises be extended into and made a part of the licensed premises of the special event for the duration of the temporary permit issued for such special event.

(d)   No alcoholic liquor may be consumed inside vehicles while on public streets, alleys, roads or highways at any such special event.

(e)   No person shall remove any alcoholic liquor from inside the boundaries of a special event as designated by the city council. The boundaries of such special event shall be clearly marked by signs, a posted map or other means which reasonably identify the area in which alcoholic liquor may be possessed or consumed at such special event.

(f)    No person shall possess or consume alcoholic liquor inside the premises licensed as a special event that was not sold or provided by the licensee holding the temporary permit for such special event.

(Ord. 1442; Code 2021)