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.
(a) Alcohol means 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.
(b) Alcoholic liquor means 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.
(c) Caterer means 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.
(d) Cereal Malt Beverage means 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 percent alcohol by weight.
(e) Class A Club means 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.
(f) Class B Club means 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
(g) Club means a Class A or Class B club.
(h) Drinking Establishment means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.
(i) Enhanced Cereal Malt Beverage means cereal malt beverage as that term is defined in K.S.A. 41-2701, and amendments thereto, 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.
(j) General Retailer means a person who has a license to sell cereal malt beverages at retail.
(k) Limited Retailer means 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.
(l) Place of Business. Any place at which cereal malt beverages or alcoholic beverages or both are sold.
(m) Temporary Permit means 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.
(n) 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.
(Code 2014; Ord. 1156)
(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, or hospital, said distance to be measured from the nearest property line of such church, school, nursing home, library, or hospital, to the nearest portion of the building occupied by the premises.
(b) The distance location of subsection (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.
(K.S.A. 41-710; Code 2014)
(a) It shall be unlawful for any person under the age of 21 years to remain on any premises where the sale of alcoholic liquor is licensed for on-premises consumption, or where a caterer or temporary permit holder is serving alcoholic liquor.
(b) It shall be unlawful for the operator, person in charge or licensee of any premises licensed for on-premises consumption of alcoholic liquor or a caterer or temporary permit holder who is serving alcoholic liquor to permit any person under the age of 21 years to remain on the premises.
(c) This section shall not apply if the person under the age of 21 years is accompanied by his or her parent or guardian, or if the licensed or permitted premises derives not more than 30 percent of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption.
(Code 2014)
(a) It shall be unlawful for any person to sell, serve or dispense any cereal malt beverage or alcoholic liquor in any public place in the City of Oakley.
(b) It shall be unlawful for any person to drink or consume any cereal malt beverage or alcoholic liquor in any public place in the City of Oakley
(c) Definitions.
(1) For the purposes of this section, the term “public place” shall include:
(A) any street or public thoroughfare,
(B) public parking lot,
(C) any privately owned parking area made available to the public generally,
(D) any parked or driven motor vehicle situated in any of the aforesaid places or upon any property owned by the state or any governmental subdivision thereof
(E) any real estate or building owned by the City of Oakley
(2) The term “public place” shall not include and the following is exempted under the provisions of K.S.A. 41-719:
(A) Inside the museum and library building at 700 W 3rd Street in Oakley more particularly described as Lots 10 to 14 and Lots 17 to 21 in Block 16, Bertrand Subdivision of the City of Oakley, Logan County, Kansas.
(B) The property commonly known as the Oakley Golf Course owned by the City of Oakley, Kansas and leased to the Oakley Country Club more particularly described as a portion of the Southwest Quarter (SW/4) of Section three (3), Township Eleven (11) South, Range Thirty-two (32), West of 6th P.M., described as follows: commencing at the Southwest corner of said Section 3; thence North to a point on the West line of said Section 3 which is 50 feet South of the South line of the Union Pacific company right-of-way; thence in an Easterly direction on a line parallel with the South line of the Union Pacific Railroad Company right-of-way approximately 1320 feet to the West line of that tract described in the deed recorded in Book 45 at page 453, Office of the Register of Deeds, Logan County, Kansas; thence South 200 feet; thence East to the center line of the Southwest Quarter (SW/4) of said Section 3; thence South on said center line to the South line of said Section 3; thence West along said South line to the point of beginning; exclusive of rights-of-way of existing highways and easements.
Prior to the sale or consumption of cereal malt beverages or alcoholic liquor at any place shown above in section (c)(2), the seller of the cereal malt beverage or alcoholic shall obtain a license for such premises from the appropriate licensing authority.
(K.S.A. Supp. 41-719; Ord. 824; Ord. 895; Code 1974, 9.08.010; Code 2014; Ord. 1141; Ord. 1161)
(K.S.A. 41-719; Code 2014; Ord. 1141)
(a) It shall be unlawful for any person to transport in any vehicle upon a highway or street any cereal malt beverage or alcoholic beverage unless such beverage is:
(1) In the original, unopened package or container, the seal of which has not been broken and from which the original cap or cork or other means of closure has not been removed;
(2) In the locked, rear trunk or rear compartment or any locked outside compartment which is not accessible to any person in the vehicle while it is in motion or;
(3) In the exclusive possession of a passenger in a vehicle which is a recreational vehicle as defined by K.S.A. 75-1212 or a bus as defined by K.S.A. 8-1406, who is not in the driving compartment of such vehicle or who is in a portion of such vehicle from which the driver is not directly accessible.
(b) As used in this section highway and street have meanings provided by K.S.A. 8-1424 and K.S.A. 8-1473 and amendments thereto.
(K.S.A. 41-804, 41-2719; Code 2014)
It shall be unlawful for any person to consume any cereal malt beverage or alcoholic beverage while operating any vehicle upon any street or highway.
(K.S.A. 41-719, 41-2720; Code 2014)
(a) It shall be unlawful for any person to:
(1) Display, cause or permit to be displayed, or have in possession, any fictitious, fraudulently altered, or fraudulently obtained identification card for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
(2) Display or represent any identification card not issued to such person as being his or her card for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
(3) Permit any unlawful use of an identification card issued to a person for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
(4) Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card or display or have in possession any such photograph, photostat, duplicate, reproduction or facsimile for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
(b) It shall be unlawful for any person to:
(1) Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the sale, purchase or consumption of any alcoholic liquor.
(2) Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the sale, purchase or consumption of any cereal malt beverage.
(Ord. 824; Code 1974, 5.12.030, 9.08.060; Code 2014)
(a) It shall be unlawful for any person under 21 years of age to purchase or attempt to purchase any cereal malt beverage.
(b) It shall be unlawful for any person under 21 years of age to purchase or attempt to purchase any alcoholic liquor.
(K.S.A. Supp. 41-727; Code 2014)
(a) Except as provided in subsection (b), it is unlawful within the corporate limits of the city for any person under the age of twenty-one years to have in his or her possession, or to consume, any alcoholic liquor or cereal malt beverage or beer.
(b) It is not unlawful for a person under the age of twenty-one to consume or possess a cereal malt beverage if such possession or consumption is permitted and supervised and such beverage is furnished by the person's parent or legal guardian in the home of such person's parent or legal guardian.
(K.S.A. Supp. 41-727; Ord. 824; Code 1974, 9.08.020:040; Code 2014)