CHAPTER III. BEVERAGESCHAPTER III. BEVERAGES\ARTICLE 1. GENERAL PROVISIONS

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.

(Ord. 1248; Code 2014)

(a)   No license or permit shall be issued for the sale of alcoholic liquor or cereal malt beverages 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.

(b)   For purposes of this chapter, zoning of Drinking Establishments or other places of business where cereal malt beverages are sold shall be limited to Limited Commercial or General Commercial Districts as defined by the City of Marion.

(c)   No alcoholic liquor shall be sold or served and no place of business for the sale of cereal malt beverage for consumption on the premises shall be located in any building within 300 feet of the main entrance to any church, school, library, or hospital. Said distance to be measured from the nearest portion of the licensed building to the main entrance of the protected property.

(d)   Nothing in this section shall prohibit the Governing Body from granting a waiver for good cause shown and upon a finding by the Governing Body that the proximity of the subject establishment is not adverse to the public welfare or safety.

(K.S.A. 41-710; Ord. 1248; 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.

(Ord. 1248; Code 2014)

No person shall drink or consume any alcoholic liquor on city owned public property. However, this prohibition shall not apply to Municipal Auditorium, located at 203 N. Third Street, which is property owned by the city. The governing body may, from time to time, make temporary exceptions to this section.

(K.S.A. Supp. 41-719; Ord. 1248; Ord. 1314; Code 2014)

(a)   For purposes of this section, the term “public place” shall include 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 of 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.

(b)   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.

(c)   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.

(K.S.A. 41-719; Ord. 1248; 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. 1248; 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; Ord. 1248; Code 2014)