CHAPTER III. BEVERAGESCHAPTER III. BEVERAGES\ARTICLE 2. ALCOHOLIC LIQUOR; GENERAL PROVISIONS

(a)   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.

(b)   Caterer means an individual, partnership or corporation which sells alcoholic liquor by the individual drink, and provides service 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.

(c)   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.

(d)   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.

(e)   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.

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

(g)   Drinking Establishment means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.

(h)   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.

(Ord. 574, Sec. 1)

There is hereby levied an annual license or occupational tax upon each separate holder of a retailer's license for the sale of alcoholic liquors issued by the State Director of Alcoholic Beverage control in the amount of $300.00, such occupational or license tax shall be due and payable before business is begun for said original state license and within ten (10) days after each renewal of such state license.

(Ord. 237, Sec. 2)

A holder of a license for the retail sale of alcoholic liquors by package in the City of Andover, Kansas issued by the State Director of Alcoholic Beverage Control shall present such license when applying to pay the occupational tax levied under this Article and a receipt issued by the City Clerk for the period covered by the State License.

(Ord. 237, Sec. 3)

Every licensee shall cause the City Alcoholic Liquor Retailer's Occupational Tax Receipt to be placed in plain view next to or below the State license in a conspicuous place on the licensed premises.

(Ord. 237, Sec. 4)

No person shall sell at retail any alcoholic liquor:

(a)   [Repealed.]

(b)   The sale at retail of alcoholic liquor in the original package shall be permitted on Sunday, except Easter Sunday, between the hours of 12 noon and 8 p.m. and on Memorial Day, Independence Day, and Labor Day.

(Ord. 789, Sec. 3; Ord. 1334, Sec. 1)

It shall be unlawful for any person to sell, keep for sale, offer for sale, or expose for sale any alcoholic liquor as defined by the Kansas Liquor Control Act without first having procured a license to do so as required by said Act to sell the same.

(Ord. 237, Sec. 6)

(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 two hundred (200) feet of any church or school, said distance to be measured from the nearest property line of such church or school to the nearest portion of the building occupied by the premises.

(b)   The distance location of subsection (C) 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.

(Ord.  574, Sec. 2)

(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 does not apply if the person under the age of 21 years is accompanied by his or her parent or guardian, of if the licensed or permitted premises derives not more than 50 percent of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption.

(Ord. 574, Sec. 3)

(a)   No person shall drink or consume any alcoholic liquor or cereal malt beverage on city owned public property, unless hereinafter exempted.

(b)   The following described public properties, title to which is vested in the City:

(1)   Cedar Pines Golf Course

(2)   Andover Community Center at the 13th Street Sports Park (inside only)

(3)   Andover Public Library (inside only)

(4)   Central Park and Central Park Lodge

shall be exempt from the foregoing prohibition, provided however, that such exemption shall only be applicable if such consumption is in accordance such rules and regulations which the City may from time to time adopt and have on file at City Hall.

(Ord. 1334, Sec. 2; Ord. 1408, Sec. 1)

If the licensee or permit holder has violated any of the provisions of this ordinance, the governing body of the city, upon five days' written notice to a person holding a license or permit to sell alcoholic liquor, may permanently revoke or cause to be suspended for a period of not more than 30 days such license or permit and the individual holding the license or permit may be charged in municipal court with a violation of the alcoholic liquor laws of the city and upon conviction shall be punished by:

(a)   A fine of not more than $499.00; or,

(b)   Imprisonment in jail for not more than 179 days; or,

(c)   Both such fine and imprisonment not to exceed (A) and (B) above.

(Ord. 574, Sec. 5)