12-10652 Special Events Alcohol Retailers PermitSummary published in the Salina Journal on
I 2012
Published on the City of Salina's website from Augusta � to*02012.
ORDINANCE NUMBER 12-10652
(2) Alcoholic liquor may be consumed at a special event held on public streets, alleys,
roads, sidewalks or highways when a temporary permit has been issued pursuant to
K.S.A 41-2645, and amendments thereto, for such special event. Such special event
must be approved, by ordinance or resolution, by the local governing body of any
city, county or township where such special event is being held. No alcoholic liquor
may be consumed inside vehicles while on public streets, alleys, roads or highways
at any such special event.
(3) No person shall remove any alcoholic liquor from inside the boundaries of a special
event as designated by the governing body of any city, county or township. The
boundaries of such special event shall be clearly marked by signs, a posted map or
other means which reasonably identify the area in which alcoholic liquor may be
possessed or consumed at such special event.
(4) No person shall possess or consume alcoholic liquor inside the premises licensed as
a special event that was not sold or provided by the licensee holding the temporary
permit for such special event.
WHEREAS, K.S.A. 41-2645 provides for the issuance of temporary permits as follows:
41-2645. Temporary permit; authorization of certain sales.
(a) A temporary permit shall allow the permit holder to offer for sale, sell and serve
alcoholic liquor for consumption on unlicensed premises, which may be open to the
public, subject to the terms of such permit.
(b) The director may issue a temporary permit to any one or more persons or organizations
applying for such a permit, in accordance with rules and regulations of the secretary. The
permit shall be issued in the names of the persons or organizations to which it is issued.
(c) Applications for temporary permits shall be required to be filed with the director not less
than 14 days before the event for which the permit is sought unless the director waives
such requirement for good cause. Each application shall state the purposes for which the
proceeds of the event will be used. The application shall be upon a form prescribed and
furnished by the director and shall be filed with the director in duplicate. Each
' application shall be accompanied by a permit fee of $25 for each day for which the
permit is issued, which fee shall be paid by a certified or cashier's check of a bank within
this state, United States post office money order or cash in the full amount thereof. All
permit fees collected by the director pursuant to this section shall be remitted to the state
treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto.
Upon receipt of each such remittance, the state treasurer shall deposit the entire amount
in the state treasury to the credit of the state general fund.
(d) Temporary permits shall specify the premises for which they are issued and shall be
issued only for premises where the city, county or township zoning code allows use for
which the permit is issued. No temporary permit shall be issued for premises which are
not located in a county where the qualified electors of the county:
AN ORDINANCE AMENDING CHAPTER 5 REGARDING ALCOHOLIC
BEVERAGES BY AMENDING SECTIONS 5-16, 5-24, 5-25, 5-66, 5-68, 5-70, AND 5-91
PERTAINING TO THE APPROVAL OF SPECIAL EVENTS ASSOCIATED WITH THE
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ISSUANCE OF TEMPORARY ALCOHOLIC LIQUOR PERMITS PURSUANT TO K.S.A.
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41-719 AND CLARIFYING THE TITLE AND APPLICATION OF SPECIAL EVENT CMB
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RETAILER'S PERMITS; BY ADDING SECTION 5-71 PERTAINING TO SALE OF
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CEREAL MALT BEVERAGES ON LICENSED PERMISES; AND REPEALING
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EXISTING SECTIONS 5-16,5-24,5-25,5-66,5-68,5-70 AND 5-91.
WHEREAS, K.S.A. 41-719 (a)1-4 provides for the issuance of special event temporary permits
for the consumption of alcoholic liquors on public streets, alleys, roads, sidewalks or highways as
follows:
41-719. Consumption of alcoholic liquor prohibited in certain places; exemptions.
(a) (1) Except as otherwise provided herein and in K.S.A. 8-1599, and amendments thereto,
no person shall drink or consume alcoholic liquor on the public streets, alleys, roads
or highways or inside vehicles while on the public streets, alleys, roads or highways.
(2) Alcoholic liquor may be consumed at a special event held on public streets, alleys,
roads, sidewalks or highways when a temporary permit has been issued pursuant to
K.S.A 41-2645, and amendments thereto, for such special event. Such special event
must be approved, by ordinance or resolution, by the local governing body of any
city, county or township where such special event is being held. No alcoholic liquor
may be consumed inside vehicles while on public streets, alleys, roads or highways
at any such special event.
(3) No person shall remove any alcoholic liquor from inside the boundaries of a special
event as designated by the governing body of any city, county or township. The
boundaries of such special event shall be clearly marked by signs, a posted map or
other means which reasonably identify the area in which alcoholic liquor may be
possessed or consumed at such special event.
(4) No person shall possess or consume alcoholic liquor inside the premises licensed as
a special event that was not sold or provided by the licensee holding the temporary
permit for such special event.
WHEREAS, K.S.A. 41-2645 provides for the issuance of temporary permits as follows:
41-2645. Temporary permit; authorization of certain sales.
(a) A temporary permit shall allow the permit holder to offer for sale, sell and serve
alcoholic liquor for consumption on unlicensed premises, which may be open to the
public, subject to the terms of such permit.
(b) The director may issue a temporary permit to any one or more persons or organizations
applying for such a permit, in accordance with rules and regulations of the secretary. The
permit shall be issued in the names of the persons or organizations to which it is issued.
(c) Applications for temporary permits shall be required to be filed with the director not less
than 14 days before the event for which the permit is sought unless the director waives
such requirement for good cause. Each application shall state the purposes for which the
proceeds of the event will be used. The application shall be upon a form prescribed and
furnished by the director and shall be filed with the director in duplicate. Each
' application shall be accompanied by a permit fee of $25 for each day for which the
permit is issued, which fee shall be paid by a certified or cashier's check of a bank within
this state, United States post office money order or cash in the full amount thereof. All
permit fees collected by the director pursuant to this section shall be remitted to the state
treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto.
Upon receipt of each such remittance, the state treasurer shall deposit the entire amount
in the state treasury to the credit of the state general fund.
(d) Temporary permits shall specify the premises for which they are issued and shall be
issued only for premises where the city, county or township zoning code allows use for
which the permit is issued. No temporary permit shall be issued for premises which are
not located in a county where the qualified electors of the county:
(1) (A) Approved, by a majority vote of those voting thereon, to adopt the proposition
amending section 10 of article 15 of the constitution of the state of Kansas at the
general election in November, 1986; or (B) have approved a proposition to allow the
sale of liquor by the individual drink in public places within the county at an election
pursuant to K.S.A. 41-2646, and amendments thereto; and
w (2) have not approved a proposition to prohibit such sales of alcoholic liquor in such
places at a subsequent election pursuant to K.S.A. 41-2646, and amendments thereto.
(e) (1) A temporary permit may be issued for the consumption of alcoholic liquor on a city,
' a county or township street, alley, road, sidewalk or highway for a special event; provided,
that such street, alley, road, sidewalk or highway is closed to motor vehicle traffic by the
governing body of such city, county or township for such special event, a written request
for such consumption and possession of such alcoholic liquor has been made to the local
governing body and the special event is approved by the governing body of such city,
county or township by ordinance or resolution. The boundaries of such special event
shall be clearly marked by signs, a posted map or other means which reasonably identify
the area in which alcoholic liquor may be possessed or consumed at such special event.
(2) Drinking establishments that are immediately adjacent to, or located within the
licensed premises of a special event, for which a temporary permit has been issued
and the consumption of alcoholic liquor on public property has been approved, may
request that the drinking establishment's licensed premises be extended into and
made a part of the licensed premises of the special event for the duration of the
temporary permit issued for such special event.
(3) Each licensee selling alcoholic liquor for consumption on the premises of a special
event for which a temporary permit has been issued shall be liable for violations of
all laws governing the sale and consumption of alcoholic liquor.
(4) For the purposes of this section, "special event" shall have the same meaning given
that term in K.S.A. 41-719, and amendments thereto.
(f) A temporary permit shall be issued for a period of time not to exceed three consecutive
days, the dates and hours of which shall be specified in the permit, except that the
director may issue one temporary permit, valid for the entire period of time of the
' Kansas state fair, which authorizes the sale of wine in its original, unopened container
and the serving by the drink of only wine or beer, or both, on the state fairgrounds on
premises specified in the temporary permit, by a person who has entered into an
agreement with the state fair board for that purpose. Not more than four temporary
permits may be issued to any one applicant in a calendar year.
(g) All proceeds from an event for which a temporary permit is issued shall be used only for
the purposes stated in the application for such permit.
(h) A temporary permit shall not be transferable or assignable.
(i) The director may refuse to issue a temporary permit to any person or organization which
has violated any provision of the Kansas liquor control act, the drinking establishment
act or K.S.A. 79-41a01 et seq., and amendments thereto.
WHEREAS, the Governing Body has determined that providing for the issuance of a Special
Event Alcoholic Liquor Retailer's Permit pursuant to and in accordance with K.S.A. 41-719 and 41-
2645 will add a useful mechanism for local regulation of the sale and consumption of alcoholic
liquors. SO, NOW THEREFORE,
BE IT ORDAINED that the Governing Body of the city of Salina, Kansas hereby:
Section 1. That Section 5-16 of the Salina Code is hereby amended as follows:
Sec. 5-16. Definitions.
As used in this article, unless the context clearly requires otherwise, the following words and
phrases shall have the meanings ascribed to them in this section:
(1) Alcohol means the product of distillation of any fermented liquor, whether rectified or
diluted, whatever the origin thereof, 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 beer or cereal malt beverage
containing not more than three and two-tenths (3.2) percent alcohol by weight.
(3) Beer, when its meaning is not enlarged, modified or limited by other words, means a
beverage, containing more than three and two-tenths (3.2) percent alcohol by weight,
obtained by alcoholic fermentation of an infusion or concoction of barley, or other
(13) 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 pursuant to article 26 of chapter 41 of
the Kansas Statutes Annotated. "Sell at retail' and "sale at retail' do not refer to or
mean sales by a club licensed pursuant to article 26 of chapter 41 of the Kansas
Statutes Annotated.
(14) Special event means a picnic, bazaar, festival or other similar community gathering,
which has been approved by the governing body.
(15) Special event temporary permit is a permit issued pursuant to K.S.A. 41-2645(e) that
allows the permit holder to offer for sale, sell and serve alcoholic liquor for
consumption on public streets, alleys, roads, sidewalks or highways for a special event
approved by the governing body by ordinance.
(16) 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.
(17) To sell includes to solicit or receive an order for, to keep or expose for sale and to keep
with intent to sell.
(18) Wine means any alcoholic beverage obtained by the normal alcoholic fermentation of
the juice of sound, ripe grapes, fruits or berries, or other agricultural products,
including such beverages containing added alcohol or spirits or containing sugar added
for the purpose of correcting natural deficiencies.
Section 2. That Section 5-24 of the Salina Code is hereby amended as follows:
Sec. 5-24. Consumption on public streets, alleys, roads or highways.
grain, malt and hops in water and includes beer, ale, stout, lager beer, porter and
similar beverages having such alcoholic content.
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(4) Distributor means the person importing or causing to be imported into the state., or
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purchasing or causing to be purchased within the state., alcoholic liquor for sale or
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resale to retailers under the provisions of the Kansas Liquor Control Act, being K.S.A.
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Chapter 41, Articles 1 through 11.
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(5) Lee District means that area associated with Salina Business Improvement District No.
1 designated by the governing body from time to time as "the Lee District."
(6) Manufacture means to distill, rectify, ferment, brew, make, mix, concoct, process,
blend, bottle or fill an original package with any alcoholic liquor, or with beer
regardless of its alcoholic content and includes blending.
(7) 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 liquors as above
defined or beer regardless of its alcoholic content.
(8) Minor means any person under twenty-one (21) years of age.
(9) Nonbeverage user means every manufacturer of any of the products set forth and
described in K.S.A. 41-501, when the same contains alcohol or wine, and all
laboratories using alcohol for nonbeverage purposes.
(10) Original package means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other
receptacle or container whatsoever, used, corked or capped, sealed and labeled by the
manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor.
(11) Retailer means a person who sells at retail, or offers for sale at retail, alcoholic liquors.
(12) Sale means any transfer, exchange or barter in any manner or by any means
whatsoever for a consideration and includes all sales made by any person, whether
principal, proprietor, agent, servant or employee.
(13) 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 pursuant to article 26 of chapter 41 of
the Kansas Statutes Annotated. "Sell at retail' and "sale at retail' do not refer to or
mean sales by a club licensed pursuant to article 26 of chapter 41 of the Kansas
Statutes Annotated.
(14) Special event means a picnic, bazaar, festival or other similar community gathering,
which has been approved by the governing body.
(15) Special event temporary permit is a permit issued pursuant to K.S.A. 41-2645(e) that
allows the permit holder to offer for sale, sell and serve alcoholic liquor for
consumption on public streets, alleys, roads, sidewalks or highways for a special event
approved by the governing body by ordinance.
(16) 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.
(17) To sell includes to solicit or receive an order for, to keep or expose for sale and to keep
with intent to sell.
(18) Wine means any alcoholic beverage obtained by the normal alcoholic fermentation of
the juice of sound, ripe grapes, fruits or berries, or other agricultural products,
including such beverages containing added alcohol or spirits or containing sugar added
for the purpose of correcting natural deficiencies.
Section 2. That Section 5-24 of the Salina Code is hereby amended as follows:
Sec. 5-24. Consumption on public streets, alleys, roads or highways.
No person shall drink or consume alcoholic liquor on the public streets, alleys, roads or
highways or inside vehicles while on the public streets, alleys, roads or highways, except
that alcoholic liquor may be consumed at a special event held on public streets, alleys, roads,
or adjoining sidewalks located within the Lee District, Oakdale Park, Jerry Ivey Park, Bill
Burke Park, or the East Crawford Recreation Area; provided that:
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w (1) Such public street, alley, or road is closed to motor vehicle traffic by the governing
y body;
' (2) A written request for such consumption and possession of alcoholic liquor at such
g special event has been made to the governing body on a application form provided by
the city;
(3) Based upon the information contained in the written application, the special event is
reviewed and approved by the governing body, by ordinance, on the basis of criteria
established by resolution of the governing body, with or without conditions; and
(4) A special event temporary permit has been issued for the special event pursuant to state
law.
Section 3. That Section 5-25 of the Salina Code is hereby amended as follows:
Sec. 5-25. Consumption on specified property owned by the city.
Pursuant to K.S.A 41-719(d):
(1) It shall be lawful to drink, or consume alcoholic liquor within the confines of the Salina
Bicentennial Center, located in Kenwood Park, the Salina Community Theatre, located
at 303 East Iron Avenue, the Smoky Hill Museum, located at 211 West Iron Avenue,
and the portion of Memorial Hall leased to Community Access Television of Salina,
located at 410 W. Ash, at such times and in such places as approved by the rules and
regulations adopted for the operation of the Salina Bicentennial Center, the Salina
' Community Theatre, the Smoky Hill Museum and that portion of Memorial Hall leased
to Community Access Television of Salina, respectively.
(2) Only in association with a special event approved by the city manager, with or without
conditions, based upon the information contained in a written application on a form
provided by the city and consideration on the basis of criteria established by resolution
of the governing body, it shall be lawful to drink or consume alcoholic liquor within the
boundaries of Jerry Ivey Park, Bill Burke Park, the East Crawford Recreational Area, the
Municipal Golf Course, and those areas within the Lee District owned by the city and
not requiring a special event temporary permit pursuant to Section 5-24.
Section 4. That Section 5-66 of the Salina Code is hereby amended as follows:
Sec. 5-66. Definitions.
As used in this article, the words and phrases herein defined shall have the following
meanings unless the context otherwise requires:
(1) Cereal malt beverages 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 three and two-tenths (3.2) percent alcohol by weight.
(2) Licensee is a person who has a license as herein required.
' (3) Place of business shall mean any place at which cereal malt beverages are sold.
(4) Retailer means any person who sells or offers for sale any cereal malt beverage for use
or consumption and not for resale in any form.
(5) Special event CMB retailers' permit is a permit issued to pursuant to K.S.A. 41-
2703(e) and this article that allows the permit holder to offer for sale, sell and serve
cereal malt beverage for consumption on unpermitted premises, which may be open to
the public.
(6) Wholesaler or Distributor shall mean individuals, firms, copartnerships, corporations
and associations which well or offer for sale any beverage referred to in this article, to
persons, copartnerships, corporations and associations authorized by this article to sell
cereal malt beverages at retail.
Section 5. That Section 5-68 of the Salina Code is hereby amended as follows:
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Sec. 5-68. Consuming in public streets.
Within the corporate limits of the city, it shall be unlawful to drink or consume cereal malt
beverages upon the public streets, alleys, roadways or highways, or inside any vehicle while
' upon the public streets, alleys, roads or highways, except:
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Only in association with and subject to the requirements of an approved special event
CMB retailer's permit issued pursuant to this Article and all other applicable laws, it
shall be lawful to drink or consume cereal malt beverages within the boundaries of an
approved cereal malt beverage special event located upon public streets, alleys,
roadways or highways; provided, however, no alcoholic liquor may be consumed inside
vehicles while on public streets, alleys, roads or highways at any such special event.
Section 6. That Section 5-70 of the Salina Code is hereby amended as follows:
Sec. 5-70. Possessing alcoholic liquor in premises.
No person shall have any alcoholic liquor in such person's possession while in a place of
business, unless the premises are currently licensed as a club or drinking establishment
pursuant to the club and drinking establishment act.
Section 7. That Section 5-71 of the Salina Code is hereby added as follows:
Sec. 5-71. Sale of cereal malt beverages on licensed premises.
Cereal malt beverages may be sold on premises which are licensed pursuant to both the
cereal malt beverage act and the club and drinking establishment act at any time when
' alcoholic liquor is allowed by law to be served on the premises.
Section 8. That Section 5-91 of the Salina Code is hereby amended as follows:
Sec. 5-91. Required.
(a) No person shall sell any cereal malt beverage at retail without first having secured:
(1) a license for each place of business -which such person desires to operate within the
corporate limits of the city, as herein provided and a person having only a license to
sell at retail cereal malt beverages as a retailer for consumption off the premises as
designated in this article shall not sell any such beverage in any other manner, and a
person having only a license to sell cereal malt beverages as a general retailer shall not
sell any such beverage in any other manner than that covered by such license;
provided, that a general retailer may also secure a license as a retailer for consumption
off the premises on complying with the requirements of this article and securing an
additional license as a retailer for consumption off the premises; or
(2) a special event CMB retailers' permit which shall allow the permit holder to offer for
sale, sell and serve cereal malt beverage for consumption on unpermined premises,
which may be open to the public, subject to the following:
a. A special event retailers' permit shall specify the premises for which the permit is
issued;
b. A special event retailers' permit shall be issued for lesser of the duration of the
special event or three (3) consecutive days, excluding Sundays, the dates and hours
' of which shall be specified in the permit; and
c. A special event retailers' permit shall not be transferable or assignable.
(b) A special event retailers' permit holder shall not be subject to the provisions of the beer
and cereal malt beverage keg registration act, K.S.A. 41-2901 et seq., and amendments
thereto.
(c) For the purpose of this division, the term "retail license" shall refer to both a retail license
and a special event retailers' permit.
(d) A special event retailers' permit shall be issued by the city manager, with or without
conditions, based upon the information contained in a written application on a form
provided by the city and consideration on the basis of criteria established by resolution
of the governing body.
Section 9. Those existing Sections 5-16, 5-24, 5-25, 5-68, 5-70 and 5-91 are hereby
repealed.
Section 10. This ordinance shall be in full force and effect from and after its adoption and
publication once by the following summary:
Ordinance No. 12-10652 Summary
"On Auxust 20, 2012, the City of Salina, Kansas, passed Ordinance No. 12-10652. The
ordinance provides for the approval of special events associated with the issuance of
alcoholic liquor retailers' permits pursuant to K.S.A. 41-719; clarifies the title and
application of CMB retailers' permits and clarifies that the sale of cereal malt beverage is
permitted on premises which are licensed pursuant to both the cereal malt beverage act and
the club and drinking establishment act at any time when alcoholic liquor is allowed by law
to be served on the premises. A complete copy of the ordinance is available at www. salina-
ks ov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is
certified by the city attorney. "
[SEAL]
ATTEST:
ieu Ann Elsey, CMC, C Clerk
Introduced: August 13, 2012
Pd August 27, 2012
Norman M. Jenn' s, Mayor