“Alcoholic candy” means: (1) for purposes of manufacturing, any candy or other confectionery product with an alcohol content greater than one-half percent (0.5%) alcohol by volume; and (2) for purposes of sale at retail, any candy or other confectionery product with an alcohol content greater than one percent (1%) alcohol by volume.

“Alcoholic liquor” means alcohol, spirits, wine, beer, alcoholic candy, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, capable of being consumed by a human being, but shall not include cereal malt beverage.

“Caterer” means an individual, partnership or corporation licensed pursuant to Article 26 of Chapter 41 of the Kansas Statutes Annotated which sells alcoholic liquor by the individual drink, and provides services relating 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.

“Cereal malt beverage” means (1) any fermented but undistilled liquor brewed or made from malt or from a mixture of malt substitute, but does not include any such liquor which is more than three and two-tenths percent (3.2%) alcohol by weight or (2) beer containing not more than six percent (6%) alcohol by volume when such beer is sold by a retailer licensed under the Kansas Cereal Malt Beverage Act. The effective date of this definition is April 1, 2019.

“Class A club” means a premises licensed pursuant to Article 26 of Chapter 41 of the Kansas Statutes Annotated and 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 Director of Alcohol Beverage Control of the Kansas Department of Revenue, 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.

“Class B club” means a premises licensed pursuant to Article 26 of Chapter 41 of the Kansas Statutes Annotated and which is operated for profit by a corporation, partnership or individual, to which members of such club may resort for the consumption of food or alcoholic beverage and for entertainment.

“Club” means a Class A or Class B club.

“Club and Drinking Establishment Act” means the provisions of Article 26 of Chapter 41 of the Kansas Statutes Annotated and any amendments thereto.

“Drinking establishment” means premises licensed pursuant to Article 26 of Chapter 41 of the Kansas Statutes Annotated and which may be open to the general public, where alcoholic liquor by the individual drink is sold.

“Individual drink” means a beverage containing alcoholic liquor or cereal malt beverage served to an individual for consumption by such individual or another individual, but which is not intended to be consumed by two or more individuals. The term “individual drink” includes beverages containing not more than: (1) eight (8) ounces of wine; (2) thirty-two (32) ounces of beer or cereal malt beverage; or (3) four (4) ounces of a single spirit or a combination of spirits.

“Legal age of consumption of cereal malt beverages” means twenty-one (21) years of age; except that “legal age of consumption of cereal malt beverages” shall mean eighteen (18) years of age if at any time the provisions of PL98-363 penalizing states for permitting persons under twenty-one (21) years of age to consume cereal malt beverage are repealed or otherwise invalidated or nullified.

“Licensee” is any person who applies for and receives a license which allows the licensee to sell alcoholic liquor or cereal malt beverages.

“Person” includes any natural person, corporation, partnership or association.

“Place of business” means any place at which alcoholic liquor or cereal malt beverages are sold.

“Powdered alcohol” means alcohol that is prepared in a powdered or crystal form for either direct use or for reconstitution in a nonalcoholic liquid.

“Premises” means the specific area described in the license application and approved as the location upon which the cereal malt beverages and/or alcoholic liquor may be sold and/or consumed under the license.

“Public venue” means an arena, stadium, hall or theater, used primarily for athletic or sporting events, live concerts, live theatrical productions or similar seasonal entertainment events, not operated on a daily basis, and containing:

“Retailer” means a person who sells, or offers for sale, alcoholic liquors or cereal malt beverages for use and consumption and not for resale in any form.

“Sale” means any transfer, exchange or barter in any manner or by any means whatsoever for a consideration, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee.

“Sample” means a serving of alcoholic liquor which contains not more than: (1) One-half (1/2) ounce of distilled spirits; (2) one (1) ounce of wine; or (3) two (2) ounces of beer or cereal malt beverage. A sample of a mixed alcoholic beverage shall contain not more than one-half (1/2) ounce of distilled spirits.

“School” means any institution of learning, whether public or private. This definition includes, but is not limited to, a nursery school, kindergarten, elementary school, junior high school, senior high school, college and university. However, for the purposes of this Title, any institution of learning whether public or private located within a typically enclosed mall with a climate-controlled walkway between two (2) facing strips of stores will not be considered a school.

“Temporary permit” means a temporary permit issued pursuant to Article 26 of Chapter 41 of the Kansas Statutes Annotated.

“To sell” includes to solicit or receive an order for, to keep or expose for sale and to keep with intent to sell. (Ord. 19-09 § 1, 2019; Ord. 18-36 § 1, 2018; Ord. 15-63 § 1, 2015; Ord. 15-23 § 1, 2015; Ord. 14-14 § 1, 2014; Ord. 06-109 § 1, 2006; Ord. 05-141 § 1, 2005; Ord. 01-64 § 1, 2001; Ord. 97-51 § 2, 1997; Ord. 87-139 § 1, 1987.)