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)    General Retailer means a person who has a license to sell cereal malt beverages at retail.

(j)    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.

(k)   Place of Business. Any place at which cereal malt beverages or alcoholic beverages or both are sold.

(l)    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.

(m)  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 2012)

(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.

(Code 2012)

(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 2012)

(a)   No person shall drink or consume alcoholic liquor or cereal malt beverages on City owned public property except:

(1)   Pursuant to a license granted by the City Administrator under section 3-104a (Sidewalk Café License).

(b)   Violation of any provision of this Section is a misdemeanor punishable by a fine of not less than $50 nor more than $200 or by imprisonment for not more than six months, or both.

(K.S.A. Supp. 41-719; Code 2012; Ord. 980)

(a)   Definitions.  The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)   Downtown business area means that area of the city as defined as one full block each direction from the intersection of Christian Avenue and Cole Street.

(2)   Sidewalk means any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

(3)   Sidewalk fence means a temporary, nonpermanent fence which is attached to the sidewalk by means of a bracket or other device mounted flush with the pavement. The height of the fence shall not be less than 42 inches nor exceed 58 inches from grade to the highest point.

(b)   Permit required. Application for a sidewalk cafe permit may be made to the City Administrator or his designee. The application shall contain the following information:

(1)   The proposed location of the sidewalk cafe.

(2)   Written consent of the building owner if different than the restaurant owner.

(3)   A diagram illustrating the placement of tables and chairs and walkway area, location of entrances and exits to the restaurant with dimensions; the diagram should also include the location, size, and material or style of any trash receptacles for the area.

(4)   Certificate of public liability insurance in the amount of $500,000.

(5)   Payment of the annual fee of $56.00.

(6)   Executed sidewalk cafe agreement with the city.

(c)   Application.  Application for a sidewalk fence permit may be made to the City Administrator or his or her designee. The application shall contain the following information:

(1)   The proposed location of the sidewalk fence.

(2)   A plan or elevation drawing of the fence which shall include all dimensions and materials. The fence as designed and constructed shall not pose a threat to the safety of persons or animals.

(3)   Written consent of the building owner if different than the restaurant owner.

(4)   A diagram illustrating the placement of fence showing six feet of pedestrian walkway unobstructed by structures including but not limited to the following: the fence, signs, parking meters, planters, trees, utility poles, benches; and location of entrances and exits to the restaurant with dimensions.

(5)   Certification of public liability insurance in the amount of $500,000. (This can be the same policy as the one for the sidewalk cafe.)

(6)   Executed sidewalk fence agreement with the city.

(d)   Review of application.  Applications shall be reviewed by the City Administrator or his or her designee. If City Administrator or his or her designee finds from the information submitted that the applicant meets the necessary requirements and that operation of a sidewalk cafe or placement of sidewalk fence in the proposed location will not unreasonably interfere with public travel, he or she shall so indicate and the development services director or his or her designee shall issue the applicable permit to the applicant. Such permit shall be valid for one year from the date of issuance.

(e)   Appeal.  Appeals from the decision of the City Administrator or his or her designee, shall be made in writing to the city Council within 10 business days of the denial of the sidewalk fence or sidewalk cafe application. The city Council shall have 40 days to render a decision on the appeal.

(f)   Revocation of permit.  The city specifically retains the right to revoke a sidewalk cafe or sidewalk fence permit any time it deems such revocation to be in the best interest of the public safety or where the permittee has failed to comply with applicable city ordinances, rules and regulations or fails to comply with requirements set forth in the sidewalk cafe agreement or sidewalk fence agreement.

(g)   Operational requirements.  Restaurants located in the downtown business area may operate a sidewalk cafe or place a sidewalk fence, provided the restaurant has received a permit therefor. Operation of a sidewalk cafe shall conform to the following requirements.

(1)   The sidewalk cafe or fenced area must be adjacent to or directly in front of the building housing the restaurant. Further, there shall be a six-foot contiguous walkway for use by pedestrians unobstructed by structures including but not limited to the following: the fence, signs, parking meters, planters, trees, utility poles, and benches.

(2)   All tables and chairs shall be placed so as to not present a sight hazard to vehicular traffic or present a hazard to pedestrians. Use of public amenities such as benches or seats is prohibited.

(3)   Tables, chairs and other items shall be removed at the end of each day's operation and the sidewalk area restored to its normal condition. No materials shall be stored on the public right-of-way. Provided, however, the holder of a sidewalk fence permit shall be allowed to leave tables and chairs in the fenced area. However, no other materials shall be allowed to remain after normal operating hours.

(4)   Amplified sound equipment shall not be permitted.

(5)   The dispensing, serving, selling or consumption of alcoholic liquor or cereal malt beverage in the sidewalk cafe area or sidewalk fence area shall be in accordance with all applicable city and state laws, ordinances and regulations.

(6)   The City of Moundridge shall have the right to request the sidewalk fence to be immediately removed either temporarily or permanently to protect public health and safety.

(7)   The operation of any sidewalk cafe shall be in conformity with all applicable state and local regulations concerning food preparation and sanitation.

(Ord. 981A; Ord. 1005)

(a)   It shall be unlawful for any person to sell, serve or dispense any cereal malt beverage or alcoholic beverage in any public place not licensed to sell, serve or dispense such beverage at such public place within or under the jurisdiction of the city.

(b)   It shall be unlawful for any person to drink or consume any cereal malt beverage or alcoholic beverage in any public place not licensed to sell and serve such beverage for public consumption at such public place within or under the jurisdiction of the city.

(c)   For purposes of this section, the term “public place” shall include upon any street, public thoroughfare, public parking lot or any privately owned parking area made available to the public generally, within 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 unless such property is leased to others under K.S.A. 12-1740 et seq. if the property is being used for hotel or motel purposes or purposes incidental thereto or is owned or operated by an airport authority created pursuant to Chapter 27 of the Kansas Statutes Annotated.

(K.S.A. 41-719; Ord. 651; Code 2012)

(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; Ord. 651; Code 2012)

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; Ord. 651; Code 2012)

(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.

(Code 2012)

(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 2012)