§ 4.04.010. Definitions.  


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  • Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this title, have the meanings indicated in this section. Any term used in this title that is not defined herein shall have the same meaning and definition as set forth in K.S.A. Chapter 41 and amendments thereto.

    (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)

    'Barrier' means any natural or manmade obstruction which precludes direct traffic, between a church or school and a private club, drinking establishment or a place of business at which cereal malt beverages are sold and is of such a character that it completely separates such establishments, including parking facilities. Barriers include, but are not limited to, rivers, railroad tracks, levees, and drainage ditches.

    (d)

    'Beer' modified, or limited by other words, 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.

    (e)

    'Beneficial interest' shall not include any interest a person may have as owner, operator, lessee or franchise holder of any licensed hotel or motel on the premises of which a club or drinking establishment is located.

    (f)

    'Bus' means every motor vehicle designed for carrying more than ten passengers and used for transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.

    (g)

    'Caterer' means an individual, partnership or corporation which sells alcoholic liquor by the individual drink or domestic beer, 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.

    (h)

    'Cereal malt beverage' means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage, as defined in K.S.A. 41-2729, and amendments thereto, but does not include any such liquor which is more than 3.2% alcohol by weight.

    (i)

    'Cereal malt beverage retailer' means any person who sells or offers for sale any cereal malt beverage for use or consumption and not for resale in any form.

    (j)

    '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 director, for the exclusive use of the corporation stockholders, partners, trust beneficiaries or associates (hereinafter referred to as "members"), and their families and guests accompanying them.

    (k)

    '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.

    (l)

    'Club' means a Class A or Class B club.

    (m)

    'Common Consumption area' means a defined indoor or outdoor area which is not otherwise licensed by the Kansas Liquor Control Act or the Club and Drinking Establishment Act where the possession and consumption of alcoholic liquor is allowed pursuant to a common consumption area permit.

    (n)

    'Crime of moral turpitude' means a crime involving dishonesty.

    (o)

    'Director' means the Director of Alcoholic Beverage Control of the Kansas State Department of Revenue.

    (p)

    'Distributor' shall have the meaning ascribed to it by K.S.A. 41-102 and amendments thereto.

    (q)

    'Domestic beer' means beer which contains not more than percent 10% alcohol by weight and which is manufactured in this state.

    (r)

    'Drinking establishment' means premises which may be open to the general public over 21 years of age, where alcoholic liquor by the individual drink is sold.

    (s)

    'Drinking establishment/restaurant' means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold and which derive not less than 30% of its gross revenues from sales of food and beverages for consumption on such premises in a two month period. Failure on the part of the licensee to meet the 30% food sales criteria, or conviction of the licensee or any owner, officer, or employee of the licensee of any two violations of Section 4.16.130 of the City Code occurring on the licensed premises within one year shall result in the premises being reclassified as a drinking establishment as provided in Section 4.16.095(c) and any amendments thereto.

    (t)

    'Employee' means any person employed by a licensee in the business of selling cereal malt beverages or alcoholic liquor.

    (u)

    'Food' means any raw, cooked or processed edible substance or ingredient, other than alcoholic liquor or cereal malt beverage, used or intended for use or for sale, in whole or in part, for human consumption.

    (v)

    'Gross revenues' means only that income derived from cereal malt beverages, alcoholic liquor, and other food consumables.

    (w)

    'Guest or Guests' means a person or persons to whom a private or personal invitation, as opposed to a public announcement, has been extended for hospitality or entertainment. Paying customers or patrons of any kind of business establishment are not "guests" as the term is used in Section 4.04.040(d) of this code.

    (x)

    'Hotel' has the meaning ascribed to it by K.S.A. 36-501 and amendments thereto.

    (y)

    ' 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 ounces of wine; (2) 32 ounces of beer or cereal malt beverage; or (3) four ounces of a single spirit or a combination of spirits.

    (z)

    'Legal age for consumption of cereal malt beverage' means 21 years of age, except that 'legal age for consumption of cereal malt beverage' shall mean 18 years of age if at any time the provisions of P.L. 98-363 penalizing states for permitting persons under 21 years of age to consume cereal malt beverage are repealed or otherwise invalidated or nullified.

    (aa)

    'Licensee' means any person to whom a current license, temporary permit or special event retailer's permit has been issued pursuant to this chapter authorizing sale of cereal malt beverage and/or alcoholic liquor. This term shall also mean any person to whom a current license or temporary permit has been issued by the Director of Alcoholic Beverage Control pursuant to the Liquor Control Act or the Club and Drinking Establishment Act of the state of Kansas.

    (bb)

    'Manager' means the manager or assistant manager, or both, of any establishment licensed under this Title who is in charge of the daily operations of the establishment. A manager shall be deemed to be employed in connection with the dispensing, selling, mixing or serving of alcoholic liquor.

    (cc)

    'Manufacture' means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with any alcoholic liquor, beer or cereal malt beverage.

    (dd)

    'Manufacturer' shall have the meaning ascribed to it by K.S.A. 41-102 and amendments thereto.

    (ee)

    'Minor' means any person under 21 years of age.

    (ff)

    'Morals charge' means a charge involving the sale of sexual relations, buying sexual relations, human trafficking, any crime defined in article 55 of chapter 21 of the Kansas Statutes Annotated and amendments thereto; violation of K.S.A. 21-5604 and amendments thereto; gambling; bigamy; any violation of Chapter 5.26 of the Code of the City of Wichita and amendments thereto; or any crime defined in article 57 of chapter 21 of the Kansas Statutes Annotated and amendments thereto.

    (gg)

    'Off-premises business' means a business establishment which sells cereal malt beverages or alcoholic liquor in original unopened containers for consumption off of the licensed premises.

    (hh)

    '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 and to convey any alcoholic liquor or cereal malt beverage. Original container does not include a sleeve.

    (ii)

    'Person' means any natural person, corporation, partnership, trust or association. As used in Chapter 4.12, 'Person' means any individual, firm, partnership, corporation or association.

    (jj)

    'Place of business' means any place, except a tavern, at which cereal malt beverages and/or alcoholic liquor are sold.

    (kk)

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

    (ll)

    'Premises' means the specific area described in the license or permit 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 or permit.

    (mm)

    'Public assembly area' means the area of the licensed premises to which the general public has access for purposes including, but not limited to, food and drink consumption, entertainment, recreation, social functions or awaiting transportation.

    (nn)

    'Retailer' means a person who sells at retail, or offers for sale at retail, alcoholic liquors, and does not include a microbrewery, microdistillery or a farm winery, as those terms are defined in K.S.A. 41-102 and amendments thereto. Retailer also means any person who sells or offers for sale any cereal malt beverage for use or consumption and not for resale in any form.

    (oo)

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

    (pp)

    'Sample" means a serving of alcoholic liquor which contains not more than: (1) One-half ounce of distilled spirits; (2) one ounce of wine; or (3) two ounces of beer or cereal malt beverage. A sample of a mixed alcoholic beverage shall contain no more than one-half ounce of distilled spirits.

    (qq)

    'School' means the use of a site for instructional purposes on an elementary or secondary level, including both public schools as well as private schools that have curriculums similar to those in public schools.

    (rr)

    (1)

    'Sell at retail' and 'sale at retail' refer to and mean sales for use or consumption and not for resale in any form and sales to clubs, licensed drinking establishments, licensed caterers or holders of temporary permits.

    (2)

    'Sell at retail' and 'sale at retail' do not refer to or mean sales by a distributor, a microbrewery, a farm winery, a licensed club, a licensed drinking establishment, a licensed caterer or a holder of a temporary permit.

    (ss)

    'Special event' means a picnic, bazaar, fair, festival or similar gatherings or events which have been issued a Community Event permit pursuant to Chapter 3.11 of the Code of the City of Wichita, where a temporary permit for the sale of cereal malt beverages or alcoholic liquor is issued pursuant to regulations established by this title, and the Kansas Club and Drinking Establishment Act and amendments thereto.

    (tt)

    'Spirits' means any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.

    (uu)

    'Tavern' means any business establishment licensed to sell cereal malt beverages for consumption on the premises that derives in any one month of the calendar year less than 50% of its gross revenues from the sale of food for consumption on the premises.

    (vv)

    'Temporary permit' shall have the meaning ascribed to it by K.S.A. 41 2601 and amendments thereto.

    (ww)

    'To sell' includes to solicit or receive an order for, to keep or expose for sale and keep with intent to sell.

    (xx)

    'Vehicle' means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except electric personal assistive mobility devices or devices moved by human power or used exclusively upon stationary rails or tracks.

    (yy)

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

    (zz)

    'Wholesaler' means a distributor as defined by K.S.A. 41-2701 and amendments thereto.

(Ord. No. 43-700 § 1; Ord. No. 48-353 § 5, 6-23-09; Ord. No. 49-295 § 1, 6-26-2012, eff. 7-1-2012; Ord. No. 50-159 § 2, 3-15-2016; Ord. No. 50-666, § 1, 1-23-18)