Chapter V · Public Offenses

Article 2. Alcohol-Related Offenses

Sections 5-201 to 5-205 · 5 sections

5-201 Public consumption.

It shall be unlawful for any person to drink or consume cereal malt beverage or alcoholic liquor, or to possess an open container of cereal malt beverage or alcoholic liquor on the public highways, roads, streets, alleys, sidewalks, parks, or in any municipally or privately owned parking lots within the city. Any person violating this section shall, upon conviction, be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.

5-202 Consumption on city property.

(a)Pursuant to K.S.A. 41-719(e), and amendments thereto, the City hereby exempts all property, now or hereafter acquired, the title of which is vested in the City, from the provisions of Section 5-201, and it shall be lawful to drink or consume alcohol on such property, or portions thereof, when authorized and permitted by the City Manager or designee.

(b)The City Manager, or designee, shall approve, deny, or approve with conditions, all requests for alcohol consumption on City property as defined in subsection (a), within five (5) days of receiving a complete application. The City Manager shall have the authority to establish application forms, procedures, conditions, and necessary regulations to ensure the safe consumption of alcohol on City-owned property.

(c)Any person dissatisfied by the action or decision of the City Manager, or designee, to approve or deny a request for alcohol consumption on City property under this section shall have the right to appeal such action or decision to the City Commission within fifteen (15) days after the notice of the action or decision of the City Manager has been mailed to the person.

(d)An appeal to the City Commission shall be taken by filing with the city clerk a written statement setting forth the grounds for the appeal.

(e)An appeal shall be considered at the next City Commission meeting following the city clerk's receipt of the written appeal, but in no event more than fifteen (15) days after the city clerk's receipt of such written appeal. Notice of the time and place of the hearing shall be given to the appellant.

(f)The City Commission may affirm, overrule, or modify the decision of the City Manager.

(Ord. 3206; Ord. 3254; Ord. 3274; Ord. 3299; Ord. 3431)

5-203 Transportation of open container.

It shall be unlawful for any person to transport in any vehicle upon a public highway, street or alley within the city, any cereal malt beverage, except in the original package or container, which shall not have been opened, the seal upon which shall not have been broken and from which the original cap or cork shall not have been removed, unless the opened package or container be in the locked rear trunk or rear compartment, or any locked outside compartment which is not accessible to the driver or any other person in said vehicle while it is in motion. Any person violating this section shall, upon conviction, be sentenced pursuant to the penalty provisions of Section 106 of the Standard Traffic Ordinance.

5-204 Sale to minor.

No person shall knowingly or unknowingly sell, give away, dispose of, exchange or deliver or permit the sale, gift or procuring of any cereal malt beverage or alcoholic liquor to or for any minor. Any person violating this section shall, upon conviction, be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment.

5-205 Purchase or possession by minor.

No person under twenty-one (21) years of age shall obtain or purchase, or attempt to obtain or purchase, cereal malt beverages or alcoholic liquor from any person, or possess or consume cereal malt beverages or alcoholic liquor, except as authorized by Kansas law. Any person violating this section shall, upon conviction, be sentenced pursuant to the penalty provisions of K.S.A. 41-727.