§ 4-1. Definitions.
The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them:
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.
Alcoholic liquor retailer means a person who sells at retail, or offers for sale at retail, alcoholic liquors, but shall not include a microbrewery, microdistillery, or farm winery.
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 alcoholic liquor permit, selling alcoholic liquor in accordance with the terms of such permit.
Cereal malt beverage means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage, as defined in K.S.A. 41-2729 and amendments thereto, including beer as defined by K.S.A. 41-102, but not including any such liquor which is more than six percent alcohol by weight.
Cereal malt beverage retailer means any person who sells or offers for sale any cereal malt beverage for use or consumption and not for resale in any form.
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.
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.
Club means a Class A or Class B club.
Distributor or wholesaler means the person importing or causing to be imported into the state, or purchasing or causing to be purchased within the state, alcoholic liquor for sale or resale to retailers licensed under the Kansas Liquor Control Act and this chapter, or cereal malt beverage for sale or resale to any off-premises cereal malt beverage retailer or any on-premises cereal malt beverage retailer licensed under this chapter.
Drinking establishment means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.
Employee means any person employed in the business of selling cereal malt beverages or alcoholic liquor by a licensee.
Farm winery means a winery licensed by the State of Kansas to manufacture, store and sell domestic table wine and domestic fortified wine, as defined by state law.
Fundraising location means any location where complimentary alcoholic liquor or cereal malt beverages are provided pursuant to K.S.A. 41-104(h) and amendments thereto.
Licensee means the person who has been properly issued a license to sell cereal malt beverages and/or alcoholic liquor within the corporate limits of the city.
Manufacturer means every brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic liquor, beer or cereal malt beverage, but shall not include a microbrewery, microdistillery, or a farm winery.
Microbrewery means a brewery licensed by the State of Kansas to manufacture, store and sell domestic beer, as defined by state law.
Microdistillery means a facility which produces spirits from any source or substance that is licensed by the State of Kansas to manufacture, store and sell spirits.
Minor means a person under 21 years of age.
Off-premises cereal malt beverage retailer means a licensee who has a license to sell or offer for sale cereal malt beverages in original and unopened containers and not for consumption on the premises or for resale in any form.
On-premises cereal malt beverage retailer means a licensee who has a license to sell or offer for sale cereal malt beverages for consumption on the licensed premises and not for resale in any form.
Open space area means any unimproved tract, parcel or piece of land presently owned or leased or hereafter owned or leased by the city, which land shall be maintained primarily in a natural state or condition.
Park or recreation area shall mean any tract, parcel or piece of land designated by the city as a park or recreation area.
Person means any natural person, corporation, partnership or association.
Place of business means any place where cereal malt beverages are sold.
Premises means the specific area described in a license or permit application and approved as the location upon which the cereal malt beverages and/or alcoholic liquor may be sold, served, and/or consumed under the license or permit.
School means any public or private facility which conducts regular classes, pre-kindergarten through grade 12, or any portion thereof, and which meets the minimum educational standards set forth by the State of Kansas. In addition, school shall also include any publicly owned or operated vocational-technical institution.
Sell at retail, sale at retail, or sold at retail mean sales for use or consumption and not for resale in any form and sales to clubs, licensed drinking establishments, licensed caterers or holders of temporary permits. It does not refer to or mean sales by a distributor, a microbrewery, a farm winery, a licensed club, a licensed drinking establishment, a licensed caterer, or a holder of a temporary permit.
Temporary alcoholic liquor permit means a temporary 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, which may be open to the public, subject to the terms of such permit.
Temporary cereal malt beverage permit means a temporary permit, issued in accordance with the laws of the State of Kansas, which allows the permit holder to offer for sale, sell and serve cereal malt beverages for consumption on unlicensed premises, which may be open to the public, subject to the terms of such permit.
(Ord. No. 6958, § 1, 8-14-12; Ord. No. 7403, § 1, 2-19-19)
State law reference
Similar definitons, K.S.A. 41-2701.
Cross reference
Rules of construction and definitions generally, § 1-21 et seq.