§ 4-4. Restrictions upon the possession and consumption of alcoholic liquor and cereal malt beverages upon premises and fundraising locations.

(a)

It shall be unlawful for the owner, operator, manager, or employee of any premises, or any location where complimentary alcoholic liquor or cereal malt beverages are provided pursuant to K.S.A. 41-104(h) and amendments thereto, to permit or allow any person to possess or consume either alcoholic liquor or cereal malt beverages upon the premises or the fundraising location, except as follows:

(1)

Within the confines of a building located upon the premises or the fundraising location; or

(2)

Within an outdoor area upon the premises or fundraising location, if such area is fenced or screened such that access from outside of said fenced or screened area can only be gained through the building upon the premises, or through specific gates or doors. Access to such outdoor areas shall provide the proper egress required by the applicable fire codes. Such outdoor area shall be contiguous to the building on the premises or fundraising location, and shall not include any parking areas.

(b)

It shall be unlawful for the owner, operator, manager or employee of any premises or fundraising location to permit or allow any person to exit the areas described in subparagraph 4-4(a) while in possession of an open container of alcoholic liquor or cereal malt beverage, except an exit directly to another area as described in subparagraph 4-4(a).

(c)

There shall be a rebuttable presumption that any person possessing an open container of alcoholic liquor or cereal malt beverage upon a premises, a fundraising location, or while exiting an area as described in subparagraph 4-4(a), has been permitted to do so by the owner, operator, manager and employee of said premises or fundraising location.

(Ord. No. 6958, § 4, 8-14-12)