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Wyandotte County - Unified Government |
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Code of Ordinances |
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Chapter 4. ALCOHOLIC BEVERAGES |
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Article I. IN GENERAL |
§ 4-7. Furnishing, drinking, consuming and possessing alcoholic liquor, beer or cereal malt beverage in public places and unlicensed premises.
(a)
It shall be unlawful for any person to furnish, drink, consume or to allow the furnishing drinking or consuming of alcoholic liquor, beer, or cereal malt beverage upon any public street, highway, alley, sidewalk, park, or any other public property or in or on any other premises or business location not licensed for the use of alcoholic liquor, beer or cereal malt beverage, except as herein provided, or other places to which the general public has access, whether or not an admission fee is charged or collected, or upon property owned by or leased to the state, the city, or any governmental subdivision of the state; provided, however, these limitations shall not apply to the drinking or consumption of alcoholic liquor, beer or cereal malt beverage;
(1)
Upon real property leased by a city to others under the provisions of K.S.A. 12-1740—12-1749, if such real property is actually being used for hotel or motel purposes or purposes incidental thereto.
(2)
At events closed or open to the public at the following locations: Memorial Hall, Wyandotte Township Hall, Senior Citizens Recreation Hall, Public Levee Terminal Restaurant, Public Levee Terminal Building D, Municipal Office Building, Administration Building of the Board of Public Utilities, the Health Department Building and the Jack Reardon Convention Center.
(3)
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 and the governing body has approved the special event by ordinance or resolution. Special events may occur on a street, alley, road, sidewalk or highway only if the governing body closes the streets, alley, road, sidewalk or highway to motor vehicle traffic during the special event. For the purposes of this section, "special event" means a picnic, bazaar, festival or other similar community gathering approved by the governing body. The boundaries of such special event shall be clearly designated in any approval granted by the governing body. 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 consumed inside the boundaries of a special event, and no alcoholic liquor may be consumed inside vehicles while on public streets, alleys, roads or highways at any such special event. 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. 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 and 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. 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.
(b)
Except as provided in subsection (a) of this section, it shall be unlawful for any person to have any alcoholic liquor, beer or cereal malt beverage in his possession upon any public street, highway, alley, sidewalk, park, or any other public property unless such alcoholic liquor, beer or cereal malt beverage is in the original unopened package or container, the seal of which has not been broken and from which the original cap, cork or other means of closure has not been removed.
(c)
It shall be unlawful for any person licensed under this chapter or any owner, operator, manager, or employee to allow their members, patrons, guests, or general public to exit their premises while in possession of an open container of alcoholic liquor, beer or cereal malt beverage or to allow consumption of such outside the premises.
(d)
Violation of any provision of subsections (a), (b) or (c) of this section shall be punishable by a fine of not less than $50.00 nor more than $200.00, by imprisonment for not more than six months, or both.
(Code 1988, § 4-7; Ord. No. 65173, § 3-8, 7-9-1987; Ord. No. 65268, § 1, 2-18-1988; Ord. No. O-31-10, § 1, 6-10-2010)