§ 4-105. Happy hours, etc.; hours of sale, etc.

(a)

No club, drinking establishment, caterer or continuation thereof, holder of a temporary permit, or any person acting as an employee or agent thereof shall:

(1)

Offer or serve any free cereal malt beverage or alcoholic liquor in any form to any person.

(2)

Offer or serve to any person an individual drink at a price that is less than the acquisition cost of the individual drink to the licensee or permit holder.

(3)

Sell, offer to sell or serve to any person an unlimited number of individual drinks during any set period of time for a fixed price, except at private functions not open to the general public or to the general membership of a club.

(4)

Encourage or permit, on the licensed premises, any game or contest which involves drinking alcoholic liquor or cereal malt beverage or the awarding of individual drinks as prizes.

(5)

Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections (a)(1) though (a)(4) of this section.

(b)

No public venue, nor any person acting as an employee or agent thereof, shall:

(1)

Offer or serve any free cereal malt beverage or alcoholic liquor in any form to any person;

(2)

Offer or serve to any person a drink or original container of alcoholic liquor or cereal malt beverage at a price that is less than the acquisition cost of the drink or original container of alcoholic liquor or cereal malt beverage to the licensee;

(3)

Sell or serve alcoholic liquor in glass containers to customers in the general admission area;

(4)

Sell or serve more than two drinks per customer at any one time in the general admission area;

(5)

Encourage or permit, on the licensed premises, any game or contest which involves drinking alcoholic liquor or cereal malt beverage or the awarding of drinks as prizes; or

(6)

Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections (b)(1) through (5).

(c)

A public venue, club, drinking establishment, caterer or holder of a temporary permit may:

(1)

Offer free food or entertainment at any time;

(2)

Sell or deliver wine by the bottle or carafe;

(3)

Sell, offer to sell and serve individual drinks at different prices throughout any day; or

(4)

Sell or serve beer or cereal malt beverage in a pitcher capable of containing not more than 64 fluid ounces.

(d)

Violation of any provision of this section is a misdemeanor punishable by a fine not to exceed $500.00, by imprisonment not to exceed six months, or by both.

(e)

Violation of any provision of this section shall be grounds for suspension or revocation of the licensee's license as provided herein.

(f)

Every licensed club and drinking establishment shall make available at any time upon request a price list showing the club's or drinking establishment's current prices per individual drink for all individual drinks.

(g)

No club or drinking establishment shall allow the serving, mixing or consumption of alcoholic liquor on its premises between the hours of 2:00 a.m. and 6:00 a.m. on any day.

(h)

No caterer shall allow the serving, mixing or consumption of alcoholic liquor between the hours of 2:00 a.m. and 6:00 a.m. on any day at an event catered by such caterer.

(i)

No licensee, owner or employee of any public venue, club or drinking establishment shall allow anyone other than another owner/licensee, a bona fide employee required to have a liquor permit card as defined in this section, or an independent contractor specifically engaged in the performance of structural modification, alteration, improvement or custodial functions to remain inside the premises between the hours of 2:00 a.m. and 6:00 a.m. of any day, except that a private club which is also licensed as a food establishment pursuant to K.S.A. 36-501, which has theretofore been determined by the director of the alcohol beverage control board to derive not less than 50 percent of its gross receipts from the sale of food for consumption in the club premises or a drinking establishment may be open for the sale and consumption of food only on the licensed premises from 6:00 a.m. of any day to 2:00 a.m. of the next day.

(Code 1988, § 4-76; Ord. No. 65173, § 3-46, 7-9-1987; Ord. No. O-56-12, § 1, 10-4-2012; Ord. No. O-45-18 , § 1, 11-8-2018)

State law reference

Similar provisions, K.S.A. 41-2614; K.S.A. 41-2640.