For the purposes of this chapter, the following words and phrases shall mean:

(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)   Alcoholic Liquor Distributor means a distributing place of business operated in the city by the same licensee and wholesaling and jobbing alcoholic liquors, except beer.

(c)   Beer Distributor means a wholesale distributing place of business operated in the city by the same licensee and wholesaling or jobbing beer, containing more than three and two-tenths per cent (3.2%) of alcohol by weight.

(d)   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.

(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)    Retailers of Alcoholic Liquor means a place of business selling, for consumption off the premises (in original packages) alcoholic liquors and beer containing more than three and two-tenths per cent (3.2%) of alcohol by weight.

(j)    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. 852; Ord. 2640; Ord. 2643; Ord. 2644; Ord. 2645)

It shall be unlawful for any person under twenty-one (21) years of age 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. 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 twenty-one (21) years to remain on the premises. This section shall not apply if the person under twenty-one (21) years is accompanied by a parent or guardian, or if the licensed or permitted premises derives not more than fifty percent (50%) of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption.

(Ord. 2640)

If a licensee or permit holder violates any of the provisions of this article, the Governing Body, upon five (5) days written notice to a person holding a license or permit to sell alcoholic liquor, may permanently revoke or suspend for a period of not more than thirty (30) days such license or permit. In addition, the person 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 fine of not more than five hundred dollars ($500.00), or by imprisonment in jail for not more than thirty (30) days, or both such fine and imprisonment.

(Ord. 2640)