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 cereal malt beverage as that term is defined in K.S.A. 41-2701, and amendments thereto, and such term shall include beer containing not more than 6% alcohol by volume when such beer is sold by a retailer licensed by the City.
(e) Class A Club - means a premise 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 premise 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) Licensed Premises. – shall mean a Class A Club, Class B Club, Drinking Establishment, Caterer or an establishment licensed to sell cereal malt beverages, as defined this code.
(k) Licensee – shall mean a person who has been properly issued a license to operate a licensed premise within the corporate limits of the City.
(l) 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.
(m) Nude or Partially Nude – shall mean less than completely or opaquely or covering and exposing to view any portion of the human pubic area, anus, vulva or genitals, or any simulation thereof, or any female breast area below a point immediately above the top of the areola.
(n) Place of Business. - Any place at which cereal malt beverages or alcoholic beverages or both are sold.
(o) 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.
(p) Wholesaler or distributor. - Any individuals, firms, co-partnerships, corporations and associations which sell or offer for sale any beverage referred to in this chapter, to persons, co-partnerships, corporations and associations authorized by this chapter to sell cereal malt beverages at retail.
(Ord. 624; Code 2016; Ord. 905)
(a) No alcoholic liquor shall be sold or served by a person holding a license or permit from the city whose place of business or other premises are located within 1,000 feet of any (church, school, nursing home, library, hospital, or any federal, state, or local government building), said distance to be measured from the nearest property line of such (church, school, nursing home, library, hospital, or federal, state, or local government building), to the nearest portion of the building occupied by the premises.
(b) The distance location of subsection (a) above shall not apply to a club, drinking establishment, caterer or temporary permit holder when the license or permit applicant petitions for and receives a waiver of the distance limitation from the governing body. The governing body shall grant such a waiver only following public notice and hearing and a finding by the governing body that the proximity of the establishment is not adverse to the public welfare or safety.
(c) No license or permit shall be issued for the sale of alcoholic liquor 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.
(Ord. 625, Sec. 2; Code 2016)
(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 derive not more than 30 percent of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption.
(Code 2016)
No person shall drink or consume any alcoholic liquor on city owned public property. However, if a specific event involving the serving of alcoholic liquor is approved by the governing body, this prohibition shall not apply to Wellsville City Hall, 411 Main Street, which is property owned by the city.
(K.S.A. Supp. 41-719; Code 2016)
(a) 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.
(b) 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.
(c) For purposes of this section, the term “public place” shall include upon 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 or 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.
(K.S.A. 41-719; Code 2016)
(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.
(Code 2016)
No licensee shall engage, permit, or allow an employee, agent, or independent contractor, of the licensee to be nude or partially nude in the licensed premises. No licensee shall allow or permit any nude or partially nude person to remain in the licensed premises.
(Ord. 624; Code 2016)
If any licensee violates any of the provisions of 3-110, the governing body of the City of Wellsville, upon ten (10) days written notice to the licensee, may, upon hearing, permanently revoke or cause to be suspended for a period of not more than six (6) months the license; and the individual holding the license may be charged in municipal court with a violation of alcoholic liquor laws of the City and upon conviction shall be found guilty of a Class A violation, with penalties of a fine up to $2,500 and or one (1) year in the county jail, or both.
(Ord. 624; Code 2016)