§ 4.04.070. Acts with regard to alcoholic liquor prohibited, exceptions, serving of complimentary alcoholic beverages at certain events allowed.  


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  • No person shall manufacture, bottle, blend, sell, barter, transport, deliver, furnish or possess any alcoholic liquor for beverage purposes, except as specifically provided in this title and by the Kansas Liquor Control Act, by the Kansas Club and Drinking Establishment Act, or Article 27 of Chapter 41 of the Kansas Statutes Annotated, and amendments thereto, except that nothing contained in this act shall prevent:

    (a)

    The possession and transportation of alcoholic liquor for the personal use of the possessor, the possessor's family and guests except that the provisions of this title and K.S.A. 41-407 and amendments thereto shall be applicable to all persons;

    (b)

    The making of wine, cider, or beer by a person from fruit, vegetables or grains, or the product thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker and the maker's family;

    (c)

    Any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of the medical or dental profession;

    (d)

    Any hospital or other institution caring for sick and diseased persons, from possessing and using alcoholic liquor for the treatment of bona fide patients of such hospital or institution;

    (e)

    Any drugstore employing a licensed pharmacist from possessing and using alcoholic liquor in the compounding of prescriptions of duly licensed physicians;

    (f)

    The possession and dispensation of wine by an authorized representative of any church for the purpose of conducting any bona fide rite or religious ceremony conducted by such church;

    (g)

    The sale of wine to a consumer in this state as allowed in K.S.A. 41-104(g) and amendments thereto;

    (h)

    The serving of complimentary alcoholic liquor or cereal malt beverages at fund raising activities of charitable organizations as defined by K.S.A. 17-1760, and amendments thereto, and as qualified pursuant to 26 U.S.C.A. § 501(c) and by committees formed pursuant to K.S.A. 25-4142 et seq., and amendments thereto. The serving of such alcoholic liquor at such fund raising activities shall not constitute a sale pursuant to this title, the Kansas Liquor Control Act, the Club and Drinking Establishment Act or article 27 of chapter 41 of the Kansas Statutes Annotated, and amendments thereto. Any such fund raising activity shall not be required to obtain a license or a temporary permit pursuant to this title, the Kansas Liquor Control Act, the Club and Drinking Establishment Act or article 27 of chapter 41 of the Kansas Statutes Annotated, and amendments thereto; or

    (i)

    The serving of complimentary alcoholic liquor or cereal malt beverage on the unlicensed premises of a business by the business owner or owner's agent at an event sponsored by a nonprofit organization promoting the arts and which has been approved by ordinance or resolution of the City Council and whereby the Director of the Alcoholic Beverage Control has been notified thereof no less than 10 days in advance.

(Ord. No. 39-905 § 5; Ord. No. 50-159 § 8, 3-15-2016)