ORDINANCE NO. 825
AN ORDINANCE OF THE CITY OF LECOMPTON, KANSAS REGULATING THE SALE OF CEREAL MALT BEVERAGE AND BEER CONTAINING NOT MORE THAN 6% ALCOHOL BY VOLUME WITHIN THE CITY OF LECOMPTON, KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LECOMPTON, KANSAS:
Section 1. Section 3-101 of the Code of the City of Lecompton is hereby amended to read as follows:
3-101 DEFINITIONS. 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) Cereal Malt Beverage means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor which is more than 3.2 percent alcohol by weight.
(d) 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;
(e) 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.
(f) Club means a Class A or Class B club.
(g) Drinking Establishment means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.
(h) Enhanced Cereal Malt Beverage means cereal malt beverage as that term is defined herein and 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 under the Kansas cereal malt beverage act.
(i) General Retailer means a person who has a license to sell cereal malt beverages at retail.
(j) 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.
(k) Place of Business. Any place at which cereal malt beverages or alcoholic beverages or both are sold.
(l) 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.
(m) Wholesaler or distributor. Any individuals, firms, copartnerships, corporations and associations which sell or offer for sale any beverage referred to in this chapter, to person, copartnerships, corporations and associations authorized by this chapter to sell cereal malt beverages at retail.
Section 2. Section 3-201 of the Code of the City of Lecompton is hereby amended to read as follows:
3-201 LICENSE REQUIRED OF RETAILERS. (a) The “Cereal Malt Beverage License” issued by the city of Lecompton, Kansas pursuant to this chapter, authorizes the sale of Enhanced Cereal Malt Beverage as defined in this chapter, by those retailers in compliance with this ordinance and other laws and regulations that may apply. Unless otherwise expressly stated or the context clearly indicates a different intention, the phrase “cereal malt beverage” includes and pertains to “enhanced cereal malt beverage” for purposes of this chapter.
(b) It shall be unlawful for any person to sell any cereal malt beverage at retail without a license for each place of business where cereal malt beverages are to be sold at retail.
(c) It shall be unlawful for any person, having a license to sell cereal malt beverages at retail only in the original and unopened containers and not for consumption on the premises, to sell any cereal malt beverage in any other manner.
Section 3. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
Section 4. This ordinance shall take effect and be in force from the 1st day of April, 2019, or after its adoption and publication in the official city newspaper, whichever occurs last.
PASSED AND APPROVED by the governing body of the City of Lecompton on this 19th day of February, 2019.
THE HONORABLE SANDRA L. JACQUOT, Mayor
LYNLEY SANFORD, City Clerk