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 Chapter 3 of the Code.

(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 Beverage or 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)   Beer means a beverage containing more than 3.2% Alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt, and hops in water and includes, beer, ale, stout, lager beer, porter, and similar beverages having such alcoholic content.

(d)   Caterer means an individual, partnership or corporation which sells Alcoholic Liquor by the individual drink, and provides services related to the serving thereof on unlicensed premises which may be open to the public, but does not include a holder of a temporary permit selling Alcoholic Liquor in accordance with the terms of such permit.

(e)   Cereal Malt Beverage 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 3.2% alcohol by weight.

(f)    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.

(g)   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.

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

(i)    Drinking Establishment means premises which may be open to the general public, where Alcoholic Liquor by the individual drink is sold.

(j)    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.

(k)   General Retailer means a person who has a license to sell cereal malt beverages at retail and for consumption on the premises.

(l)    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.

(m)  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 or Cereal Malt Beverage, to contain or to convey Alcoholic Liquor or Cereal Malt Beverage.  Original Package does not include a sleeve. 

(n)   Place of Business. Any place at which Cereal Malt Beverages or Alcoholic Beverages or both are sold.

(o)   Retailer means a person who is licensed as a General Retailer or a Limited Retailer. 

(p)   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.

(q)   Wholesaler or Distributor.  Any individuals, firms, partnerships, corporations and associations which sell or offer for sale any beverage referred to in this Chapter, to persons, partnerships, corporations and associations authorized by this Chapter to sell Cereal Malt Beverages at retail.

(r)    Wine means any Alcoholic Beverage obtained by the normal alcoholic fermentation of the juice of sound, ripe grapes, fruits, berries, or other agricultural products, including such beverages containing added alcohol or spirits or containing sugar added for the purpose of correcting natural deficiencies.

(Ord. 571; Code 2003; Ord. 703; Code 2019)

A person who has a license to sell Cereal Malt Beverages under this Chapter 3 of the Code of the City is authorized, beginning April 1, 2019, to sell Enhanced Cereal Malt Beverages.

(Code 2019)

(a)   No alcoholic liquor shall be sold or served by a person holding a license or permit from the city whose place of business or other premises are located within 300 feet of any (church, school, nursing home, library, hospital said distance to be measured from the nearest property line of such (church, school, nursing home, library, hospital, or to the nearest portion of the building occupied by the premises.

(b)   The distance location of subsection (a) above shall not apply to a club, drinking establishment, caterer or temporary permit holder when the license or permit applicant petitions for and receives a waiver of the distance limitation from the governing body. The governing body shall grant such a waiver only following public notice and hearing and a finding by the governing body that the proximity of the establishment is not adverse to the public welfare or safety.

(c)   No license or permit shall be issued for the sale of alcoholic liquor if the building or use does not meet the zoning ordinance requirements of the city or conflicts with other city laws, including building and health codes.

(Ord. 324, Sec. 2(b)(2); Code 2003)

(a)   It shall be unlawful for any person under the age of 21 years to remain on any premises where the sale of alcoholic liquor is licensed for on-premises consumption, or where a caterer or temporary permit holder is serving alcoholic liquor.

(b)   It shall be unlawful for the operator, person in charge or licensee of any premises licensed for on-premises consumption of alcoholic liquor or a caterer or temporary permit holder who is serving alcoholic liquor to permit any person under the age of 21 years to remain on the premises.

(c)   This section shall not apply if the person under the age of 21 years is accompanied by his or her parent or guardian, or if the licensed or permitted premises derives not more than 30% of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption.

(Code 2003)

(a)   Exemptions. The City, by authority granted at K.S.A. 41-719(e), exempts the following listed property from the provisions of K.S.A. 41-719(d) that prohibits the consumption of alcoholic liquor on public property:

(1)   The portion of City Hall, 10100 Grady Avenue, Maize, Kansas, that is subleased to the Maize Recreation Commission that is known as the “Multipurpose Room.”

(2)   The building located at 401 South Khedive, Maize, Kansas, that is known as the “Maize Community Building.”

(3)   The open space located at 401 South Khedive and the property that is known as the Clair Donnelly Amphitheater located at 311 Academy Street, Maize, Kansas, hereafter jointly called the “Maize Park Property.”

       The Multipurpose Room, the Maize Community Building and the Maize Park Property are hereafter jointly the “Exempted Property.”

(b)   The consumption of alcoholic liquor on the Exempted Property is subject to compliance with the following requirements:

(1)   The sponsor of the event shall submit to the Chief of Police an application for a temporary permit for consumption of alcoholic liquor. The application will be submitted on a form prepared by the Chief of Police. The form will require, at a minimum, the following information:

(A)  The date, start time and end time of the event.

(B)  The type of event.

(C)  Expected attendance.

(D)  Beverages to be served.

(E)   Location of the event.

(F)   Other information as required by the Chief of Police.

The application must be signed by the sponsor and must be submitted to the Chief of Police at least three (3) business days in advance of the date the event is scheduled to be held.

(2)   After reviewing the application, the Chief of Police may issue a temporary permit for consumption of alcoholic liquor, provided that the applicant complies with and meets requirements contained in the application.

(3)   The permit shall be conspicuously displayed onsite during the event for which the permit was issued.

(4)   The temporary permit for consumption of alcoholic liquor may be revoked with or without cause by any member of the Maize Police Department. 

(5)   Applicable state laws and regulations and City ordinances shall be complied with during times that alcoholic liquor is being drunk and consumed in the permitted location.

(c)   It is unlawful to drink and consume alcoholic liquor within or on the Exempted Property at any time other than the time designated in the temporary permit as the time during which alcoholic liquor can be consumed. It is also unlawful to consume alcoholic liquor in or on the Exempted Property at any time following the time that a permit is revoked by a member of the Maize Police Department.

(Ord. 809; Ord. 962; Ord. 1035)

(a)   It shall be unlawful for any person to sell, serve or dispense any cereal malt beverage or alcoholic beverage in any public place not licensed to sell, serve or dispense such beverage at such public place within or under the jurisdiction of the city.

(b)   It shall be unlawful for any person to drink or consume any cereal malt beverage or alcoholic beverage in any public place not licensed to sell and serve such beverage for public consumption at such public place within or under the jurisdiction of the city.

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

(K.S.A. 41-719; Ord. 324, Sec. IV; Code 2003)

(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. 8-1599; Code 2003)

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 2003)

(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 2003)

(a)   It shall be unlawful for any person under 21 years of age to purchase or attempt to purchase any cereal malt beverage.

(b)   It shall be unlawful for any person under 21 years of age to purchase or attempt to purchase any alcoholic liquor.

(K.S.A. Supp. 41-727; Code 2003)

(a)   Definitions. As used in this Section 3-110:

(1)   Alcoholic Liquor means alcohol, spirits, wine, beer, and every liquid or solid, patent 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;

(2)   Cereal Malt Beverage 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 3.2% alcohol by weight;

(3)   City means the City of Maize, Kansas.

(4)   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 or cereal malt beverage, to contain or convey alcoholic liquor or cereal malt beverage; original package does not include a sleeve.

(b)   TIME OF SALE FOR ALCOHOLIC LIQUOR IN THE ORIGINAL PACKAGE. No person shall sell at retain within the corporate limits of the City alcoholic liquor in the original package:

(1)   on Sunday before 12:00 noon or after 8:00 p.m.;

(2)   on Easter Sunday, Thanksgiving Day, or Christmas Day;

(3)   before 9:00 a.m. or after 11:00 p.m. on any day other than a Sunday when the sale of alcoholic liquor is permitted.

(c)   SALE OF CEREAL MALT BEVERAGE IN THE ORIGINAL PACKAGE. No person shall sell at retail within the corporate limits of the City, cereal malt beverage in the original package:

(1)   on Sunday before 12:00 noon or after 8:00 p.m.;

(2)   on Easter Sunday;

(3)   between the hours of 12:00 midnight and 6:00 a.m. on any day other than a Sunday when the sale of cereal malt beverage is permitted.

(d)   PENALTIES. Any person violating the provisions of this Section 3-110 shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment.

(Ord. 703)