CHAPTER IV. BEVERAGESCHAPTER IV. BEVERAGES\ARTICLE 3. REGULATIONS PERTAINING TO ALCOHOLIC LIQUOR AND CEREAL MALT BEVERAGES

(a)   Every licensee possessing a Cereal Malt Beverage General Retailer license or a Cereal Malt Beverage Limited Retailer license shall file in the office of the City Clerk once each month on or before the 10th day thereof a statement verified and upon a form prepared and furnished by the City Clerk which statement shall contain: (1) the name and address of the licensed premises for which the statement is filed; (2) the name and address of the licensee filing the statement; (3) the calendar month for which the statement is filed; (4) the amount of the gross sales for the month for which the report is made attributable to the sale of cereal malt beverages; and (5) the amount of the gross sales for the month for which the report is made attributable to the sale of food for consumption on the premises.

(b)   For the purposes of the report, each Cereal Malt Beverage General Retailer shall keep and maintain an accurate set of books and records showing the gross sales of cereal malt beverages and of food for consumption on the premises. The city shall have the right during any regular business hours of the licensee, or in any event within five (5) days of the issuance of an inspection request, to inspect the books and records of the licensee to verify the information set forth in its monthly report.

(c)   Each licensee or permittee under this chapter shall furnish any law enforcement officer of the city without charge and on demand a sample of any cereal malt beverages or alcoholic liquor in his or her possession for analysis.

(Ord. 4553-05)

Sanitary regulations for all places selling or dispensing cereal malt beverages in the city shall be as follows:

(a)   All places where cereal malt beverages are sold or dispensed shall at all times be kept in a clean and sanitary condition.

(b)   All places where cereal malt beverages are sold or dispensed for consumption on the premises shall have a building or place equipped with two water closets and two lavatories. One water closet and one lavatory shall be appropriately designated for use of each sex and so located as to be convenient for the use of the customers of such premises: Provided, that this regulation shall not be required of places of business where the sale of cereal malt beverages is incidental to the operation and management of a recognized, fully equipped restaurant in operation at time of adoption of this code. The public health sanitarian and the city marshal-chief of police shall determine from their inspections as to whether a place of business is a recognized, fully equipped restaurant and the sale of cereal malt beverage is incidental thereto, and after such finding is made such requirements for water closets shall be made in accordance with the recommendations of the public health sanitarian.

(c)   All utensils used for serving cereal malt beverages shall be thoroughly cleaned and effectively sanitized following each usage. Such cleansing and sanitizing process, together with the equipment used in such process, shall be approved by the public health sanitarian.

(d)   The interior of any place of business selling or dispensing cereal malt beverages shall be adequately lighted during business hours with a minimum of at least five foot candles of light 30 inches above the floor in all portions of said place of business.

(Ord. 4553-05)

Rules and regulations for the sale and possession of cereal malt beverages shall be as follows:

(a)   During the days and times in which sales of cereal malt beverages are prohibited, no person, except the operator of the place of business, shall have in his or her possession any cereal malt beverage in such place of business, and no person, including the operator, shall furnish, provide or give away any cereal malt beverages within said place of business.

(b)   No private rooms or closed booths shall be operated within a place of business operated by a licensee or permittee; provided, however, that this provision shall not apply if licensed premises are also currently licensed under this chapter as a Club.

(c)   No person shall have any alcoholic liquor in his or her possession while in anyplace of business licensed for the retail sale of cereal malt beverages, except where such premises are also currently licensed as a club or as a drinking establishment.

(d)   The licensed premises shall be open to the public and to the police at all times during business hours, except a place of business licensed as a Club shall be open to the police, but not the public.

(e)   Premises licensed as a Club may also be licensed as a Cereal Malt Beverage General Retailer or as a Cereal Malt Beverage Limited Retailer, in which case cereal malt beverages may be sold on such premises at any time when alcohol is allowed by law to be served on the premises.

(f)   No person holding any license or permit for the retail sale of cereal malt beverages, nor any manager or employee thereof, shall be under the influence of any intoxicating liquor or drugs while on duty and while on the premises for which the license or permit is issued. No person holding such license or permit shall permit such person’s manager or employee to be on the premises for which the license or permit is issued who is under the influence of intoxicating liquor or drugs.

(g)   No person holding any license or permit for the retail sale of cereal malt beverages, nor any manager or employee thereof, shall permit any unlawful gambling or drunkenness in or upon the premises for which such license or permit is issued.

(h)   No person holding any license or permit for the retail sale of cereal malt beverages, nor any manager or employee thereof, shall permit any person to mix drinks with materials purchased in or upon the premises for which such license or permit is issued.

(i)    No person holding any license or permit for the retail sale of cereal malt beverages, nor any manager or employee thereof, shall employ in such business any person who has been adjudged guilty of a felony or of any violation of any law relating to intoxicating liquor.

(j)    No person while in or upon a motor vehicle at or about the licensed premises shall be served any cereal malt beverages for consumption therein or thereon, nor shall any person while in or upon a motor vehicle at or about any licensed premises consume any cereal malt beverages. The so-called curb service of cereal malt beverages is hereby prohibited.

(k)   No retailer, or employee or agent of a retailer, licensed to sell cereal malt beverage for consumption on the licensed premises shall:

(1)   Offer or serve any free cereal malt beverage to any person;

(2)   Offer or serve to any person a drink at a price that is less than the acquisition cost of the drink to the licensee;

(3)   Sell, offer to sell or serve to any person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the general public;

(4)   Sell, offer to sell or serve any drink to any person at any time at a price less than that charged the general public on that day, except at private functions not open to the general public;

(5)   Increase the size of a drink of cereal malt beverage without increasing proportionately the price regularly charged for the drink on that day;

(6)   Encourage or permit, on the licensed premises, any game or contest which involves drinking cereal malt beverage or the awarding of drinks as prizes; or

(7)   Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections (1) through (6) above.

(8)   Nothing herein shall be construed to prohibit a retailer from offering free food or entertainment at any time.

(9)   Violations of this subsection (k) are punishable as prescribed in Section 4-501(a).

(Ord. 4553-05; Ord. 4582-06)

(a)   It shall be unlawful for an Alcoholic Liquor Retailer to:

(1)   Permit any person to mix drinks in or on the licensed premises;

(2)   Employ any person under the age of 21 years of age in connection with the operation of the retail establishment;

(3)   Employ any person in connection with the operation of the retail establishment who has been adjudged guilty of a felony;

(4)   Furnish any entertainment in his or her premises or permit any pinball machine or game of skill or chance to be located in or on the premises, excluding, however, authorized activities by the licensee under the Kansas Lottery;

(5)   Have in his or her possession for sale at retail any bottles, cask, or other containers containing alcoholic liquor, except in the original package; or

(6)   Sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person under 21 years of age.

(b)   Prior to any event at which a Caterer will sell or serve alcoholic liquor by the individual drink, the Caterer shall provide written notice to the chief of police at least three business days prior to the event if the event will take place within the city. The notice shall contain the location, name of the group sponsoring the event, and the exact date and times the Caterer will be serving.

(c)   It shall be unlawful for any Club to sell or issue a membership to any person under 21 years of age.

(d)   It shall be unlawful for any person to own, maintain, operate or conduct, either directly or indirectly, an open saloon. As used herein, “open saloon” means any place, public or private, where alcoholic liquor is sold or offered or kept for sale by the drink or in any quantity of less than 100 milliliters (3.4 fluid ounces) or sold or offered or kept for sale for consumption on the premises where sold, but does not include any premises licensed for the sale of liquor as a Club, drinking establishment, microbrewery or farm winery. Any violation of the provisions of this section is punishable by a fine of not more than $500 and by imprisonment for not more than 90 days.

(e) It shall be unlawful for any person to drink or consume alcoholic liquor on any public property unless such property has been exempted from such prohibition pursuant to the provisions of K.S.A. 41-719. Pursuant to K.S.A. 41-719(d), Sand Creek Golf Course Addition to the City of Newton, Kansas, is hereby made exempt from such prohibition to the extent that such otherwise prohibited activities are allowed through any license or permit issued under the provisions of this chapter, or through express permission given to the conduct of any private function or event which is not open to the general public. Violation of the provisions of this subsection (e) are punishable by a fine of not less than $20 and not more than $200, or by imprisonment for not more than six months, or by both such a fine and imprisonment.

(Ord. 4553-05)

Rules and regulations for the sale and possession of cereal malt beverages and alcoholic liquor shall be as follows:

(a)   No person shall dispense any cereal malt beverage or alcoholic liquor in or upon the licensed premises who is under the age established by the state for such activities. No person holding any license or permit for the retail sale of cereal malt beverages or alcoholic liquor, nor any manager or employee thereof, shall permit the dispensing of cereal malt beverages or alcoholic liquor in or upon the licensed premises by any person who is under the age established by the state for such activities.

(b)   No person shall drink or consume any cereal malt beverage or alcoholic liquor, nor have in their possession any open containers of cereal malt beverage or alcoholic liquor, while such person is upon a public street, alley, road or highway, or inside any vehicle while on any public street, alley, road or highway, or upon any public sidewalk, or upon or in any public park or cemetery, or in or about any place where public dancing is in progress, or upon any service area or parking area to which the general public has access, or upon any property owned by the city or by any governmental agency; except, however, for any such place as has been specifically designated as a premises on or in which such activities are allowed under any license or permit issued pursuant to this chapter, provided that such exclusion shall be applicable only during the times in which such licensed activities may take place.

(c)   It shall be unlawful for any person to knowingly sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor or cereal malt beverage to or for any person who is an incapacitated person, or to or for any person who is physically or mentally incapacitated by the consumption of such alcoholic liquor or cereal malt beverage. Violation of this subsection (c) is punishable by a fine of not less than $100 and not more than $250, or by imprisonment not exceeding 30 days, or by both such fine and imprisonment.

(d)   It shall be unlawful for any wholesaler or distributor, his or its agents or employees, to sell or deliver cereal malt beverages or alcoholic liquor within this city to persons authorized under this chapter to sell the same within this city unless such wholesaler or distributor has first secured a license from the State Director of Alcoholic Beverage Control authorizing such activities.

(e)   It shall be unlawful for any person to allow consumption of alcoholic liquor or cereal malt beverage in violation of the provisions of this chapter or of the Kansas Liquor Control Act on any property owned, leased or otherwise under such person’s control.

(f)   It shall be unlawful for any person holding any license or permit issued under this chapter, or any owner, officer or employer thereof, to knowingly or unknowingly permit the possession or consumption of alcoholic liquor or cereal malt beverage on the licensed premises by any person who is not legally authorized to possess or consume the same. It shall be a defense to a prosecution under this section if: (1) the defendant permitted such person to possess or consume the alcoholic liquor or cereal malt beverage with reasonable cause to believe that such person was 21 years of age or older; and (2) to possess or consume the alcoholic liquor or cereal malt beverage such person exhibited to the defendant a driver’s license, Kansas non-driver’s identification card or other official or apparently official document, containing a photograph of such person and purporting to establish that such person was 21 years of age or older. Violation ofth1s subsection (f) by a Club or drinking establishment licensee shall be punishable by a fine of not less than $100 and not more than $250, or by imprisonment not exceeding 30 days, or by both such fine and imprisonment. All other violations of this subsection (f) shall be punishable as prescribed in Section 4-501(b).

(g)   It shall be unlawful for any person holding any license or permit issued under this chapter to sell or furnish at retail any alcoholic liquor or cereal malt beverage (1) on credit, (2) on a passbook, (3) on order on a store, (4) in exchange for any goods, wares or merchandise, or (5) in payment for any services rendered; provided, however, that this prohibition shall not apply to a sale to a consumer on credit pursuant to a credit card which entitles the user to purchase goods or services from at least 100 persons not related to the issuer of the credit card. Violation of this subsection (g) as it relates to cereal malt beverages shall be punishable as prescribed in Section 4-501(a). All other violations of this subsection (g) shall be punishable as prescribed in Section 4-501(b).

(Ord. 4553-05)

Pursuant to the authority vested in the governing body of the City of Newton, Kansas, under K.S.A. 41-719(d), to determine which public properties owned by the City should be exempt from the prohibition otherwise applicable under K.S.A. 41-719(c) regarding the consumption of alcoholic liquor on public property, the governing body does hereby determine that all public properties owned by the City should be and are hereby granted such an exemption; provided, however, that such exemption shall operate only to the extent that such otherwise prohibited activities are allowed through any license or permit issued under the provisions of the Kansas Liquor Control Act and under the provisions of Chapter IV of the Code of the City of Newton, Kansas.

(K.S.A. Supp. 41-719; Ord. 4927-16)