CHAPTER IV. BEVERAGESCHAPTER IV. BEVERAGES\ARTICLE 1. DEFINITIONS

Unless otherwise expressly stated or the context clearly indicates a different intention, the terms set forth in the following sections shall, for the purpose of this Chapter, have the meanings indicated.

(a)   Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted, whatever its origin, and includes synthetic ethyl Alcohol but does not include denatured Alcohol or wood Alcohol.

(b)   Alcoholic Candy means: (1) For purposes of manufacturing, any candy or other confectionery product with an Alcohol content greater than 0.5% Alcohol by volume; and (2) for purposes of Sale at Retail, any candy or other confectionery product with an Alcohol content greater than 1% Alcohol by volume.

(c)   Alcoholic Liquor means Alcohol, Spirits, Wine, Beer, Alcoholic Candy 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.

(d)   Beer means a beverage, containing more than 3.2% Alcohol by weight, obtained by Alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes Beer, ale, stout, lager Beer, porter and similar beverages having such Alcoholic content.

(e)   Beer and Cereal Malt Beverage Keg Registration Act means the provisions of K.S.A. 41-2901, et seq., as the same now provides or as it may be hereafter amended.

(f)   Caterer means an individual, partnership or corporation that sells Alcoholic Liquor or Cereal Malt Beverages by the individual drink, and provides services related to the serving thereof, on unlicensed premises that may be open to the public, but does not include a holder of a Temporary Permit, selling Alcoholic Liquor or Cereal Malt Beverage in accordance with the terms of such permit.

(g)   Cereal Malt Beverage (CMB) means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage, as defined by K.S.A 41-2729, and amendments thereto, but does not include any such liquor which is more than 3.2% Alcohol by weight.

(h)   Class A Club means a premises that 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 Director of Alcoholic Beverage Control, 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, as provided in K.S.A. 41-2637, and amendments thereto.

(i)    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.

(j)    Club means a Class A Club or a Class B Club.

(k)   Common Consumption Area means a defined indoor or outdoor area not otherwise subject to a license issued pursuant to the Kansas Liquor Control Act or the Club and Drinking Establishment Act where the possession and consumption of Alcoholic Liquor or cereal malt beverage is allowed pursuant to a Common Consumption Area permit and ordinance of the City of Newton, as demonstrated in and pursuant to K.S.A. 41-2659.

(l)    Distributor means the person importing or causing to be imported into the state, or purchasing or causing to be purchased within the state, Alcoholic Liquor for Sale or resale to Retailers licensed under this Chapter or Cereal Malt Beverage for Sale or resale to Retailers licensed under this Chapter or under the Kansas Liquor Control Act or  Cereal Malt Beverage for Sale or resale to Retailers licensed under this Chapter or by any other Kansas municipality.

(m)  Domestic Fortified Wine means Wine which contains more than 16%, but not more than 20% Alcohol by volume and which is Manufactured from agricultural products grown in this state without rectification.

(n)   Domestic Table Wine means Wine which contains not more than 16% Alcohol by volume and which is Manufactured without rectification or fortification from agricultural products grown in this state.

(o)   Drinking Establishment means premises which may be open to the general public, where Alcoholic Liquor or Cereal Malt Beverage by the individual drink is sold. The term “Drinking Establishment” includes a Railway Car.

(p)   Farm Winery means a Winery licensed by the State Director of Alcoholic Beverage Control to Manufacture, store and sell Domestic Table Wine and Domestic Fortified Wine.

(q)   Food means any raw, cooked or processed edible substance or ingredient, other than Alcoholic Liquor or Cereal Malt Beverage, used or intended for use or for Sale, in whole or in part, for human consumption.

(r)    Hard Cider means any Alcoholic Beverage that: (1) Contains less than 8.5% Alcohol by volume; (2) has a carbonation level that does not exceed 6.4 grams per liter; and (3) is obtained by the normal alcoholic fermentation of the juice of sound, ripe apples or pears, including such beverages containing sugar added for the purpose of correcting natural deficiencies.

(s)   Kansas Liquor Control Act means the provisions of K.S.A. 41-101, et seq., as the same now provides or as it may be hereafter amended.

(t)    Legal Age for Consumption of Cereal Malt Beverage means 21 years of age, except that “Legal Age for Consumption of Cereal Malt Beverage” shall mean 18 years of age if at any time the provisions of P.L. 98-363 penalizing states for permitting persons under 21 years of age to consume Cereal Malt Beverage are repealed or otherwise invalidated or nullified.

(u)   Manufacture means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an Original Package with any Alcoholic Liquor, Beer or Cereal Malt Beverage.

(v)   Manufacturer means every brewer, fermenter, distiller, rectifier, Wine maker, blender, processor, bottler or person who fills or refills an Original Package and others engaged in brewing, fermenting, distilling, rectifying or bottling Alcoholic Liquor, Beer or Cereal Malt Beverage. “Manufacturer” does not include a Microbrewery or a Farm Winery.

(w)  Microbrewery means a brewery licensed by the State Director of Alcoholic Beverage Control to Manufacture, store and sell Domestic Beer and Hard Cider.

(x)   Microdistillery means a facility which produces Spirits from any source or substance that is licensed by the director to Manufacture, store and sell Spirits.

(y)   Original Package means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container, used, corked or capped, sealed and labeled by the Manufacturer of Alcoholic Liquor, to contain and to convey any Alcoholic Liquor. Original Package does not include a Sleeve.

(z)   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 and Drinking Establishment Act or, on and after January 1, 1988, any Manufacturer, Microbrewery, Microdistillery or Farm Winery, if authorized by K.S.A. 41-305, 41-308a, 41-308b or K.S.A. 41-354, and amendments thereto.

(aa) Place of Business means any place at which Cereal Malt Beverages or Alcoholic Liquor or both are sold.

(bb) Railway Car means a locomotive drawn conveyance used for the transportation and accommodation of human passengers that is confined to a fixed rail route and which derives from Sales of Food for consumption on the Railway Car not less than 30% of its gross receipts from all Sales of Food and beverages in a 12-month period.

(cc) Retailer means a person who is licensed under the Kansas Liquor Control Act and sells at retail, or offers for Sale at Retail, Alcoholic Liquors or Cereal Malt Beverages. Retailer does not include a Microbrewery, Microdistillery, or a Farm Winery. Retailer shall include businesses engaged in either on-premises or off-premises Sales, or both.

(dd) Sale means any transfer, exchange or barter in any manner or by any means for a consideration, and includes all Sales made by any person, whether principal, proprietor, agent, servant or employee.

(ee) (1) Sell at Retail and Sale at Retail refer to and mean Sales for use or consumption and not for resale in any form and Sales to Clubs, licensed Drinking Establishments, licensed Caterers or holders of Temporary Permits. (2) Sell at retail and Sale at Retail do not refer to or mean Sales by a Distributor, a Microbrewery, a Farm Winery, a licensed Club, a licensed Drinking Establishment, a licensed Caterer or a holder of a Temporary Permit.

(ff)  State Director of Alcoholic Beverage Control means the Director of Alcoholic Beverage Control of the Department of Revenue of the State of Kansas.

(gg) Spirits means any beverage which contains Alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with Alcohol or other substances.

(hh) Temporary Permit means a Temporary Permit issued by the State Director of Alcohol Beverage Control pursuant to K.S.A. 41-1201, and amendments thereto.

(ii)   Wine means any Alcoholic beverage obtained by the normal Alcoholic fermentation of the juice of sound, ripe grapes, fruits, berries or other agricultural products, including such beverages containing added Alcohol or Spirits or containing sugar added for the purpose of correcting natural deficiencies. “Wine” includes Hard Cider and any other product that is commonly known as a subset of Wine.

(Ord. 4553-05; Ord. 4981-19; Ord. 4986-19; Ord. 5121-23; Ord. 5130-23)