§ 4.04.040. Consumption and possession of alcoholic liquor and cereal malt beverages in public places prohibited—Exceptions.  


Latest version.
  • (A)

    It is unlawful for any person within the corporate limits of the city to consume or to have in such person's possession any open container of alcoholic beverage upon the public streets, alleys, roads, sidewalks or highways, or inside vehicles while upon the public streets, alleys, roads or highways except as follows:

    (1)

    Alcoholic liquor may be sold and/or consumed at a special event or catered event held on public streets, alleys, roads, sidewalks or highways, provided that:

    (a)

    such streets, alleys, roads, sidewalks or highways have been closed to motor vehicle traffic by the City Council, and

    (b)

    when a temporary permit for such event has been issued pursuant to K.S.A. 41-2645 and Section 4.16.154 of this Code and amendments thereto, or when the caterer's licensee has provided the required notification pursuant to K.S.A. 41-2643 and amendments thereto, and

    (c)

    the consumption of alcoholic liquor at such event has been approved by the City Council pursuant to Section 3.11.065 and amendment thereto.

    (2)

    Alcoholic liquor may be consumed in an area designated as a common consumption area that includes public streets, alleys, roads, sidewalks or highways, provided that:

    a)

    such streets, alleys, roads, sidewalks or highways have been closed to motor vehicle traffic by the City Council, and

    b)

    when a common consumption area permit has been issued pursuant to Section 4.08.030 and amendments thereto.

    (3)

    Cereal malt beverage may be possessed and/or consumed on any city street closed for a community event licensed pursuant to Chapter 3.11 of this Code where a written request for such consumption and possession and the community event are approved by the City Council.

    (4)

    No alcoholic beverage may be consumed inside or on motor vehicles while on public streets, alleys, roads or highways at a special event, a catered event or within a common consumption area.

    (5)

    No person shall remove any alcoholic beverage from inside the boundaries of a special event or a catered event as designated and/or approved by the City Council pursuant to Section 3.11.065 and amendments thereto, or from within an area designated as a common consumption area pursuant to Section 4.08.030 and amendments thereto. The boundaries of a special event, catered event, or common consumption area shall be clearly marked by signs, a posted map or other means which reasonably identify the area in which alcoholic beverages may be possessed or consumed at such special event or catered event or within such common consumption area.

    (6)

    No person shall possess or consume alcoholic beverage or cereal malt beverage inside the premises licensed as a special event, the premises of a catered event or within an area designated as a common consumption area that was not sold or provided by the licensee holding either the special event retailers permit or the temporary permit for such special event, the licensed caterer catering the event, or by an adjacent drinking establishment which has extended its licensed premises into and made a part of the licensed premises for such special event pursuant to K.S.A. 41 2645(e)(2) and Section 4.16.070 of this Code and amendments thereto, or is participating in a common consumption area pursuant to Section 4.08.030 and amendments thereto.

    (7)

    It shall be unlawful for any person to distribute, sell or allow the consumption of any alcoholic beverage on the streets or sidewalks within any special event, a catered event, or common consumption area without obtaining the approval of the City Council and any and all necessary state and local permits for the sale or consumption of such alcoholic beverages.

    (8)

    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.

    (9)

    Any community event which is licensed to allow the sale, possession and/or consumption of alcoholic liquor and/or cereal malt beverage shall comply with the provisions of Section 3.11.065 of this Code and amendments thereto regarding the possession, consumption or sale of such alcoholic liquor and/or cereal malt beverage.

    (10)

    A person may possess alcoholic liquor upon the public streets, alleys, roads or highways, or inside vehicles while upon the public streets, alleys, roads or highways when transporting a container of alcoholic liquor from a licensed premises that is securely resealed as allowed by Section 4.16.155(c) of this Code and amendments thereto.

    (a)

    As used in this section, "alcoholic beverage" means any alcoholic liquor, as defined by Section 4.04.010(b) of this Code and any amendments thereto, and/or any cereal malt beverage as defined by Section 4.04.010(h) of this Code and any amendments thereto.

    (b)

    As used in this section, alcoholic beverage will be considered to be in an open container unless in the original and unopened container, or securely resealed as required by Section 4.16.155(c) of this Code and amendments thereto.

    (c)

    No person shall consume alcoholic liquor on private property except:

    (1)

    On premises where the sale of liquor by the individual drink is authorized by this title and by the Club and Drinking Establishment Act of the State of Kansas;

    (2)

    Upon private property by a person occupying such property as an owner or lessee of an owner and by the guests of such person, if no charge is made for the serving or mixing of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor and if no sale of alcoholic liquor in violation of K.S.A. 41-803 and amendments thereto, takes place;

    (3)

    In a lodging room of any hotel, motel or boarding house by the person occupying such room and by the guests of such person, if no charge is made for the serving or mixing of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor and if no sale of such alcoholic liquor in violation of K.S.A. 41-803 and amendments thereto take place;

    (4)

    In a private dining room of a hotel, motel or restaurant, if the dining room is rented or made available on special occasion to an individual or organization for a private party and if no sale of alcoholic liquor in violation of K.S.A. 41-803 and amendments thereto takes place;

    (5)

    On the premises of an unlicensed business as authorized by K.S.A. 2105 Supp. 41-719(i) and amendment thereto;

    (6)

    On the premises of a manufacturer, microbrewery, microdistillery or farm winery, if authorized by K.S.A. 41 305, 41-308a, 41-308b or K.S.A. 41-354, and amendments thereto;

    (7)

    Any person or entity who is licensed to sell alcoholic liquor in the original package at retail may conduct wine, beer and distilled spirit tastings on the licensed premises or adjacent premises, monitored and regulated by the Division of Alcoholic Beverage Control as set forth in K.S.A. 41-308d and Section 4.05.100 of this Code and amendments thereto; and

    (8)

    On premises designated as a common consumption area by the City Council pursuant to Section 4.08.030 and which have a valid common consumption area permit issued by the Director of the Division of Alcoholic Beverage Control.

    (d)

    No person shall consume or to have in such person's possession any open container of alcoholic liquor on public property except:

    (1)

    On real property leased by a city to others under the provisions of K.S.A. 12-1740 through 12-1749, and amendments thereto, if such real property is actually being used for hotel or motel purposes incidental thereto.

    (2)

    In any state-owned or operated building or structure and on the surrounding premises, which is furnished to and occupied by any state officer or employee as residence.

    (3)

    On premises licensed as a club or drinking establishment and located on property owned or operated by the Wichita Airport Authority.

    (4)

    On property which has been specifically exempted by ordinance the title of which is vested in the City of Wichita.

    (5)

    On premises designated as a common consumption area by the City Council pursuant to Section 4.08.030 and amendments thereto, and which have a valid common consumption area permit issued by the Director of the Division of Alcoholic Beverage Control.

    (e)

    Any property located within the corporate limits of the City of Wichita that is under the control of the Kansas State Board of Regents and the Kansas State Board of Regents has exempted said property from the provisions of K.S.A. 41-719(c) and amendments thereto and said property is not used for classroom instruction.

    (f)

    On the premises of any Kansas national guard regional training center or armory, and any building on such premises, as authorized by rules and regulations of the adjutant general and upon approval of the Kansas military board.

    (g)

    Violation of any provision of this section is a misdemeanor punishable by a fine of not less than $50 nor more than $200 or by imprisonment for not more than six months, or both.

(Ord. No. 39-905 § 3; Ord. No. 48-353 § 6, 6-23-09; Ord. No. 48-548 § 9, 12-1-09; Ord. No. 49-295 § 2, 6-26-2012, eff. 7-1-2012; Ord. No. 50-159 § 6, 3-15-2016; Ord. No. 50-666, § 2, 1-23-18)