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)   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 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 persons, copartnerships, corporations and associations authorized by this chapter to sell cereal malt beverages at retail.

(Ord. 1562, Art. 1, Sec. 1; Ord. 1567, Sec. 1; Code 1991; Ord. 2144)

(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 250 feet of any church or school the distance to be measured from the nearest property line of such church or school to the nearest portion of the building occupied by the premises.

(b)   The distance restriction on the sale or service of alcoholic liquor set forth in subsection (a) shall not apply to any place of business or event held within the Main Street Commercial District (C-1) as established in the city’s adopted zoning regulations and official zoning map. The distance restriction 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. 1562, Art. 1, Sec. 2; Code 1991; Ord. 2177)

(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 derives not more than 50 percent of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption.

(Ord. 1562, Art. 1, Sec. 3; Code 1991)

Except as provided herein (e.g., Section 3-108 and Chapter 3, Article 8), no person shall drink or consume any alcoholic liquor or cereal malt beverage on City-owned public property.

(K.S.A. Supp. 41-719; K.S.A. 41-2659; Ord. 1784; Sec. 1; Code 2010; Ord. 2230)

Except as provided herein (e.g., Section 3-108 and Chapter 3, Article 8):

(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 1991; Ord. 2230)

If an alcoholic liquor licensee has violated any of the provisions of this chapter, or the Kansas Liquor Control Act, the governing body of the city, upon five days’ written notice to the person holding such license to sell alcoholic liquor, may permanently revoke or cause to be suspended for a period of not more than 30 days such license and the individual holding the license may be charged in municipal court with a violation of the alcoholic liquor laws of the city.

(Code 1991, 3-111; Code 2010)

The right of immediate entry to and inspection of any premises licensed as a club or drinking establishment or any premises where alcoholic liquor is sold by a holder of a temporary permit, or any premises subject to the control of any licensee or temporary permit holder, by any duly authorized officer or agent of the director, or by any law enforcement officer, shall be a condition on which every license or temporary permit is issued, and the application for, and acceptance of, any license or temporary permit shall conclusively be deemed to be the consent of the applicant and licensee or permit holder to such immediate entry and inspection. Such right of immediate entry and inspection shall be at any time when the premises are occupied and is not limited to hours when the club or drinking establishment is open for business. Such consent shall not be revocable during the term of the license or temporary permit. Refusal of such entry shall be grounds for revocation of the license or temporary permit.

(K.S.A. 41-2613; Code 2010)

(a)   The following words and phrases, whenever used in this section, shall be construed as follows:

(1)   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.

(2)   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.

(3)   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.

(4)   Augusta Frisco Depot and its facilities means the Augusta Frisco depot and its facilities located within and around the property legally described as follows:

       Beginning at the Northeast corner of Lot Numbered Five (5), in Block Numbered Twenty-five (25), in the Original Town, now City of Augusta, thence West 265 feet; thence North to a point 12 feet South of the Southerly right-of-way of the railroad, thence Northerly parallel to and 12 feet South of the Southerly right-of-way of the railroad to a point due North of the point of beginning, thence South to the point of beginning, in Butler County, Kansas.

       The title of the above-described property is vested in the City of Augusta, Kansas.

(5)   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.

(6)   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.

(b)   Except as provided in this section, it is unlawful for any person twenty-one (21) years of age or older to have in his/her possession any cereal malt beverage and/or alcoholic liquor, except in the original and unopened containers, or to consume any cereal malt beverages and/or alcoholic liquor in or upon, or inside or upon any vehicle in or upon, the public highways, roads, streets, alleys, sidewalks, parks, playgrounds, driveways or parking lots, whether the driveways or parking lots be public or private if they are open to and accessible to the members of the public within the city.

(c)   Pursuant to the provisions of K.S.A. 41-719(d) and this section, the Augusta Frisco Depot and its facilities may be exempted from the prohibitions on the drinking or consumption of alcoholic liquor on public property contained in K.S.A. 41-719(c) as well as those prohibitions concerning the drinking or consumption of alcoholic liquor on public property contained above by virtue of a temporary permit issued by the city manager, or his or her designee, which may be issued in conjunction with a temporary alcoholic liquor sales permit issued by the state of Kansas pursuant to the provisions of K.S.A. 41-2645(a).

(1)   Any temporary permit issued pursuant to this section shall not exceed the length of the temporary sales permit issued by the state of Kansas pursuant to the provisions of K.S.A. 41-2645(a) and shall be issued to a specific person, individually or on behalf of a group or organization.

(2)   Any such temporary permit shall be signed, sealed and issued in writing by the City of Augusta, Kansas and shall specify the exact dates and hours of the permit, describe the exact area of the Augusta Frisco Depot and its facilities exempted by the permit and contain such additional conditions as deemed prudent by the city manager, or his or her designee.

(d)   The person receiving a temporary permit pursuant to this section shall conspicuously post the permit within the area of the Augusta Frisco Depot and its facilities exempted by the permit during the entire time the permit is in effect.

(e)   The Augusta Department of Public Safety shall be responsible for enforcing the provisions of this section and the terms and conditions of all temporary permits issued hereunder within the City of Augusta, Kansas, but nothing in this section shall be interpreted to prohibit any other person who would otherwise be lawfully entitled to enforce other alcoholic liquor and cereal malt beverage laws which are not effected by provisions of this section from taking enforcement action.

(f)   It shall be unlawful for any person receiving a temporary permit pursuant to this section to fail to comply with the posting provisions of this section.

(g)   It shall be unlawful for any person to fail to comply with any term or condition of any temporary permit issued pursuant to this section.

(h)   Violation of any provision of this section is a class C misdemeanor.

(K.S.A. 41-719; K.S.A. 41-2645; Ord. 2113; Code 2020)