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)   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.

(d)   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.

(e)   Club means a Class A or Class B club.

(f)   Drinking Establishment means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.

(g)   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.

(h)   General Retailer means a person who has a license to sell cereal malt beverages at retail.

(i)    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.

(j)    Place of Business. Any place at which cereal malt beverages or alcoholic beverages or both are sold.

(k)   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.

(l)    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.

(Code 1984, 3-101; Code 1991; Ord. 1052; Ord. 1061)

(a)   For purposes of this section, the term “public place” shall include upon any street, sidewalk, alley, parks, playgrounds, public thoroughfare, public parking lot or any privately owned parking lot or driveway made available to the public generally, with any parked or driven motor vehicle situated in any of the aforesaid places or upon any property owned by the state or 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.

(b)   It shall be unlawful for any person to drink, serve or dispense any cereal malt beverage or alcoholic liquor in any public place not licensed or authorized pursuant to Section 3-103 to sell, serve, or dispense such beverages at such public place within or under the jurisdiction of the City of St. John, Kansas.

(c)   No person shall drink or consume any alcoholic liquor or cereal malt beverage on any public place within the corporate limits of the City of St. John, Kansas, except as for special events as allowed Section 3-103.

(d)   No person shall drink or consume any alcoholic liquor or cereal malt beverage on public property within the corporate limits of the City of St. John, Kansas, except as provided in Section 3-102(e).

(e)   Pursuant to the provisions of K.S.A. 41-719(e) and this chapter, the following real property, title of which is vested in the City of St. John, Kansas, may be exempted from the prohibitions on the drinking or consumption of alcoholic liquor on public property contained in KS.A. 41-719(d) as well as those prohibitions concerning the drinking or consumption of alcoholic liquor on public property contained herein by virtue of a temporary permit issued by the Governing Body of the City of St. John, Kansas which may be issued in conjunction with a temporary alcoholic liquor sales permit issued by the state of Kansas pursuant to KS.A. 41-2645(a):

       The real property known by its street address as 109 E. 4th Avenue, St. John, Kansas and commonly referred to as the former Dillon’s grocery store and legally described as Lots Twelve (12), Thirteen (13) and Fourteen (14), in Block Four (4) of the Original Subdivision of the Town (now City) of St. John, Stafford County, Kansas.

(K.S.A. Supp. 41-719; Code 1991, Ord. 1018; Ord. 1053)

(a)   Any organization, person or entity may petition for a temporary permit from the Governing Body of the City of St. John for the drinking or consumption of alcoholic liquor at special events on a public street, alley, road, sidewalk, or highway, in conjunction with the issuance of a temporary permit pursuant to K.S.A. 41-2645, and amendments thereto, allowing the sale and distribution of alcoholic liquor for consumption at the special event. Any special event must be approved by resolution of the Governing Body.

(b)   Any organization, person or entity may petition for a temporary permit from the Governing Body of the City of St. John for the drinking or consumption of alcoholic liquor at special events at the real property described in Section 3-102(e), in conjunction with the issuance of a temporary permit pursuant to K.S.A. 41-2645, and amendments thereto, allowing for the sale and distribution of alcoholic liquor for consumption at the special event. Any special event must be approved by resolution of the Governing Body.

(c)   Any temporary permit issued pursuant to this section shall not exceed the length of any 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.

(d)   Any temporary permit shall be signed, sealed and issued in writing by the City of St. John, Kansas and shall specify the exact dates and hours of the permit, describe the exact area of the of the designated public place or public property exempted by the permit, and contain such additional conditions as deemed prudent by the Governing Body.

(e)   The person receiving a temporary permit pursuant to this section shall conspicuously post the permit within the designated public place or public property exempted by the permit during the entire time the permit is in effect.

(f)   No alcoholic liquor may be consumed inside vehicles while on public streets, roads o highways at any special event authorized by this section.

(g)   Nothing in this section shall prohibit the St. John Police Department or any other person who would otherwise be lawfully entitled to enforce alcoholic liquor and cereal malt beverage laws from enforcing the provisions of this chapter and the conditions of all temporary permits issued hereunder.

(h)   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.

(i)    It shall be unlawful for any person to fail to comply with the terms or conditions of any temporary permit issued pursuant to this section.

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

(K.S.A. 41-719; Code 1984, 3-108; Code 1991, Ord. 1018; Ord. 1053)

(a)   It shall be unlawful for any person to transport in any vehicle upon a highway or street any cereal malt beverage or alcoholic beverage unless such beverage is:

(1)   In the original, unopened package or container, the seal of which has not been broken and from which the original cap or cork or other means of closure has not been removed;

(2)   In the locked,  rear trunk  or rear compartment  or any  locked outside compartment which is not accessible to any person in the vehicle while it is in motion or;

(3)   In the exclusive possession of a passenger in a vehicle which is a recreational vehicle as defined by K.S.A. 75-1212 or a bus as defined by K.S.A. 8- 1406, who is not in the driving compartment of such vehicle or who is in a portion of such vehicle from which the driver is not directly accessible.

(b)   As used in this section highway and street have meanings provided by K.S.A. 8-1424 and K.S.A. 8-1473 and amendments thereto.

(K.S.A. 41-804, 41-2719; Code 1991)

It shall be unlawful for any person to consume any cereal malt beverage or alcoholic beverage while operating any vehicle upon any street or highway.

(K.S.A. 41-719, 41-2720; Code 1991)

(a)   It shall be unlawful for any person to:

(1)   Display, cause or permit to be displayed, or have in possession, any fictitious, fraudulently altered, or fraudulently obtained identification card for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.

(2)   Display or represent any identification card not issued to such person as being his or her card for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.

(3)   Permit any unlawful use of an identification card issued to a person for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.

(4)   Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card or display or have in possession any such photograph, photostat, duplicate, reproduction or facsimile for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.

(b)   It shall be unlawful for any person to:

(1)   Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the sale, purchase or consumption of any alcoholic liquor.

(2)   Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the sale, purchase or consumption of any cereal malt beverage.

(Code 1991)