For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a)   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.

(b)   Alcoholic Liquor. 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)   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 state’s cereal malt beverage act.

(d)   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.

(e)   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.

(f)   Club. A Class A or Class B club.

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

(h)   Limited Retailer. 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.

(i)    Place Of Business. Any place at which cereal malt beverages or alcoholic beverages or both are sold, including the following: any place at which cereal malt beverages may be sold pursuant to a license granted by the city only after the issuance of a temporary permit. Any license not marked by the City Clerk as a permanent place of business license shall be presumed to be a temporary location license.

(j)    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 at retail.

(Ord. 685)

(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, or at a public place that is so licensed that does not have a required temporary permit.

(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, or at a public place that is so licensed that does not have a required temporary permit.

(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 properly 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 K.S.A. Ch. 27 or upon property specifically listed in subsection (d) below and the selling, serving, dispensing, drinking or consuming of cereal malt beverage or alcoholic beverage is by or with the permission of the lessee of the city or that person’s guests.

(d)   The following-described property with title vested in the city is exempt from subsection (c) above:

(1)   Gateway Civic Center premises per the following deeds recorded in the Register of Deeds office, Decatur County, Kansas: In Book A-74, page 648; Book A-74, page 986; Book A-74, page 988; and Book A-74, page 947; and

(2)   Oberlin Country Club, Inc., as recorded in Book A-15, page 105 of the Register of Deeds office in Decatur County, Kansas.

(K.S.A. 41-719; Ord. 685)