5392 Alcoholic LiquorORDINANCE NUMBER 5392
(c) "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.
(d) "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, under the pro-
visions of the Kansas Liquor Control Act.
(Q) "Nonbeverage user" means all laboratories and hospitals and sanatoria using
alcohol for nonbeverage purposes, and every manufacturer of any of the following
products when the same are unfit for beverage purposes:
(1) Patent and proprietary medicines and medicinal, antiseptic
and toil6t preparations;:
(2) Flavoring extracts and syrups and food products;
(3) Scientific, industrial and chemical products.
(f) "Retailer" means a person licensed under the provisions of the Kansas Liquor Control
Act to sell or offer for sale alcoholic liquors for use and consumption and not for
(Published in the Salina Journal , 1949
AN OP.DINKNCE regulating the manufacture, sale, transportation, possession, consumption
and use of alcoholic liquor within the corporate limits of the City of Salina; pre-
scribing penalties for the violation of its terms, and repealing Ordinance Number 5367.
BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas:
Section 1. DEFINITIONS. (a) "Alcoholic liquor"includes the following four
varieties of liquor as defined below, 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 percent (3.2/) of alcohol by weight.
(1) "Alcohol" means the products of distillation of any fermented
liquid, whether rectified or diluted, whatever may be the
origin thereof, and includes synthetic ethyl alcohol, but does
not include denatured alcohol or wood alcohol.
(2) "Beer", when its meaning is not enlarged, modified or limited
by other words, means a beverage, containing more than three
and two-tenths percent (3.e) of alcohol by weight, obtained
by alcoholic fermentatioh of an infusion or concoction of bar-
ley, or other grain, malt and hops in water, and includes,
among other things, beer, ale, stout, lager, beer, porter and
the like having such alcoholic content.
(3) "Spirits" means any beverage which contains alcohol obtained
by distillation, mixed with water or other substances in
solution, and includes brandy, rum, whisky, gin, or other
spirituous liquorE, and such liquors when rectified, blended
or otherwise mixed with alcohol or other substances.
(4) "aline" means any alcoholic beverage obtained by the.normal
alcoholic fermentation of the juice of sound, ripe grapes,
fruits or berries, or other agricultural produces, including
such beverages containing added alcohol or spirits, as above
defined, or containing sugar added for the purpose of correct-
ing natural deficiencies.
(b) "Distributor" means a 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 under the provisions of the Kansas Liquor Control Act.
(c) "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.
(d) "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, under the pro-
visions of the Kansas Liquor Control Act.
(Q) "Nonbeverage user" means all laboratories and hospitals and sanatoria using
alcohol for nonbeverage purposes, and every manufacturer of any of the following
products when the same are unfit for beverage purposes:
(1) Patent and proprietary medicines and medicinal, antiseptic
and toil6t preparations;:
(2) Flavoring extracts and syrups and food products;
(3) Scientific, industrial and chemical products.
(f) "Retailer" means a person licensed under the provisions of the Kansas Liquor Control
Act to sell or offer for sale alcoholic liquors for use and consumption and not for
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resale in any form.
(g) "Person" includes any natural person, corporation, partnership or association.
(h) "Original Package" means any bottle, flask, jug, can, cask, barrell, keg, hogshead
or other receptacle or container whatsoever, used corked or capped, scaled and labeled
by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor.
(i) "Sale" means any transfer, exchange or barter in any manner or by any means what-
soever for a consideration, and includes and means all sales made by any person,
whether principal, proprietor, agent, servant or employee.
(j) "Sell at retail" and"Sale at retail" refer to and mean sales for use or consumption
and not for resale in any form.
(k) "To Sell" includes to solicit or receive an order for, to keep or expose for
sale and to keep with intent to sell.
Section 2. MkkiUFACTURE. No person shall manufacture, make, brew or distill
any alcoholic liquor within the corporate limits of the City of Salina unless such
person shall be licensed therefor under the provisions of the Kansas Liquor Control
i:ct; PROVIDED, that nothing contained herein shall a>ply to or prevent:.
(a) The making of wine, cider or beer by a person from fruits,
vegetables or grains, or the products thereof by simple
fermentations and without distillation, if it is made
solely for the purpose of use by the maker and his family.
(b) Any drug store from employing a licensed pharmacist from
possessing and using alcoholic liquor in the compounding
of prescriptions of duly licensed physicians.
(e) The manufacture of denatured alcoholic products in accord-
ance with acts of Congress and r8tulations promulgated there-
under.
(d) The making of wine intended for use and used by any chmh,
or religious organization for sacramental purposes.
Section 3. SALE Qa) No alcoholic liquor shall be sold at retail by any person
within the corporate limits of the City of Salina unless such persons shall be
licensed therefor under the provisions of the Kansas Liquor Control Act.
(b) No person shall sell at retail any alcoholic liquor within the corporate
limits of the City of Salina:
(1) On the day of any national, state, county or city election,
Including the primary elections, during the hours the polls
are open;
(2) On the first day of the week, commonly called Sunday;
(3) On Decoration or Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day;
(4) Before Nine (9) o'clock A.M. or after eleven (11) o'clock
P.Y. on any day when the sale is permitted.
(c) It shall be unlawful for a retailer ofalcoholic liquor:
(1) To permit any person to mix drinks on or in the licensed premises;
(2) To employ any person under the age of twenty-one (21) years in
connection with the operation of such retail establishment; or
(3) To employ any person in connection with the operation of such
retail establishment who has been adjudged guilty of a felony
(4) To furnish any entertainment in his premised or permit any pinball
machine or game of skill or chance to be located in or on such premises.
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(d) No person shall knowingly or unknowingly sell, give away, dispose of, exchange
or deliver, or permit the same, gift or procuring any alcoholic liquorfor or to any
minor; and no such minor shall represent that he is of age for the purpose of asking
for, purchasing or receiving alcoholic liquor from any persons, except in cases
authorized by law. No person shall knowingly sell, give away, dispose of, exchange
or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or
for any person who is mentally incompetent, or any person who is physically or mentally
incapacitated by the consumption of such liquor. Any person violating any of the
provisions thereof shall be punished by a fine of not more than one hundred dollars
($lCO.CO) or by imprisonment for not to exceed thirty (30) days, or by both such fine
and imprisonment.
(e) It shall be unlawful for any pe. -son to have in his possession for sale at retail
any bottles, cask, or other containers containing alcoholic liquor, except in original
packages.
Section 4. POSSrSSION AND TRA3SPORTATION: Subject to the limitations here—
inafter provided, the possession and transportation of alcoholic liquor for personal
use only shall be legal:
(a) It shall be unlawful for any person to transport in any vehicle upon a public
highway, street or alley, within the corporate limits of the City of Salina, any
alcoholic liquor, except in the original package or container which shall not have
been opened and the seal upon which shall not have been broken and from which the
original car, or cork shall not have been removed, unless the opened package or
container be in the locked rear trunk or rear corapa rtment, or any locked outside
compartment which is not accessible to the driver or any other person in said vehicle
while it is in motion. Any person violating this section shall be deemed guilty of
a misdemeanor, and upon conviction shall be punished by a fine of not more than two
hundred dollars ($200.00) or by imprisonment for nat more than. Six (6) months or by
both such fine and imprisonment.
(b) After the Governor of the State of Kansas shall issue a proclamation declaring
that th.c tax and licensing provisions of the Kansas Liquor Control Act are in full
operation and being administered by the State Director of Alcoholic Beverage Control,
it shall be unlawful .for any person to transport or have in his possession for his
personal use in excess of two (2) quarts of alcoholic liquor, upon vdhich the tax
imposed by the Kansas Liquor Control Act has not been paid, or on the containers of
which each mark and stamp required by the Kansas Liquor Control Act has not been
affixed; PROVIDED FURTHER, that nothing herein contained shall apply to the possession
and transportation of alcoholic liquors by any manufacturer, wholesaler, distributor,
retailer, nonreverage user or common carrier operating nu_rsuant to the provisions
of the Kansas Licuor Control Act.
Section 5, PROHIBITED CONSti`TOTIOIvT PLACES. Within the corporate limits of
the City of Salina it shall be unlawful for any person to drink or c:onsum alcoholic
liquor upon the public streets, alleys, roads or highways, or :-_n beer parlors, taverns,
pool halls, or places to which the general public has access, whether or not an
admission or other fee is charged or collected, or upon property owned by the state
or any governmental subdivision thereof, or inside veliioles while upon the ,public
streets, alleys, roads or highways. Any pers_:n violating provisions of this section
will be deemed guilty of a misdemeanor, ancl upon conviction scall be punished ba
fire of not less thaii. :'iffy doll: rs ($5C.00) nor more than t.%o hundr-!Qdollars (�200.00)
or by imprisorwent for not more, than six lonti:s or be both so fined and iirprisoned.
Section C. DnJNKET0'Ec'. If any person shall within the corporate Ii. nits
of the City of Salina be drunk in airy public hiC >rvay, street, or in ?ny public place
or building, or if any person shall be drunk in his own house, or :any private building
or place, disturbing liis i roily or others, he sh ll be deemed guilty of a misdemeanor
and upon convi-tion thereof shall ve fined in any sur, not exceeding one hundred
dollars ($100.00) or by imprisohmeat for a period not exceedin.� thirty (30) days.
Section 7. SALOONS. It shall be unlawful for any person to own, maintp.in,
operate or conduct either directly or indirectly, an open saloon, within the corporate
lin-its of the City of Salina.. For the :urposes of this section, the words "open saloon"
mean any place, public or private, wliere alcoholic liquor is sold or offered for sale
or kept for sale by the drink or in any quantity of less than one-half pint, or sold,
offered for sale, or kept for sale for consu-nption on the premises where sold. Any
person violating the provisions of this section shall be deemed guilty of a misde-
meanor, and upon conviction thereof shall be punished by a fine of -not more than
five h4ndred dollars ($500.00) and by imprisonment for not more than ninety (90)
days.
Section 8. G I'TERLL EXCEPTIONS. �a) Nothing contained in this ordinance
shall prevent:
(1) The making of wine, cider, or beer by a person from fruits,
vegetables or gains, or the product thereof, by simple
fermentation and -,without distillation, if it is made solely
for the use of the make<and his family.
(2) Any duly licensed practicing physician or dentist from
possessing or using alcoholic liquor in the strict practice
of his profession;
(3) Any hospital or other institution caring for the sick and
diseased persons, from. possessing and using alcoholic liquor
for the treatment of bona fide patients of such hospital or
insUtut ion;
(4) Any drug store employing a licensed pharmacist from possessing
and using alcoholic liquor in the compounding of prescriptions
of duly lice.1sed physicians.
(5) The possession and dispensation of wine by an authorized
representative of any church {'or the purpose of conducting
any bona fide rite or religious ceremony conducted b,; such
church.
(b) None of the provisions of this ordinance shall apply:
(1) To flavoring extracts, syrups, or medicinal, mechanical, scientific,
culinary or toilet preparations, or food products unfit for beverage
purposes.
(2) To wind intended "or use and used by any church or religious organ-
ization for sacramental purposes.
Section S. ORDINLI CES REL.TIM TO CEREAL T.UiLT BETnR.LMS 1 -TOT REPEALED.
Nothing contained herein shall be construed as repealing any of the existing ordinances
of the City of Salina, Kansas, rel�-�.ting to the cereal malt beverages and malt products.
Section 10. PENALTY. Any person who shall violate any provisions
of this ordixiance for `iiiie1i penalty is not otherwise specifically provided shall
upon conviction of any such violation be fined not to exceed five hundred llars
($500.00) or by imprisonment not to exceed six (6) months or by both such fine and
imprisonment.
Section 11. VLIDITY. Should any section, clause, or provisions cf this
ordinance be declared by any court of competent jurisdiction to be invalid, the same
shall not affect the validity of the ordinance as a whole or any part thereon other
than the part so declared to be invalid.
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Section 12. REPEALING CLAUSE. That Ordinance Number 5367 be and the same
is .erebv repealed.
Section 13. EFFECTIVE DliTE. This ordinance shall take effect and be in
force from and after its adoption and publication once in the official city ppper.
Introduced: June 6, 1949
Passed: June 13, 1919
Idayor
Attest:
City Clerk