§ 4.16.155. No drinks promotion, allowing removal of alcoholic liquor from certain licensed premises, certain sales practices prohibited.

(a)

No club, drinking establishment, drinking establishment/restaurant, drinking establishment/hotel, caterer or holder of a temporary permit, nor any person acting as an employee or agent thereof shall:

(1)

Offer or serve any free drink of cereal malt beverage or alcoholic liquor in any form to any person;

(2)

Offer or serve to any person an individual drink at a price that is less than the acquisition cost of the individual drink to the licensee or permit holder;

(3)

Sell, offer to sell or serve to any person an unlimited number of individual drinks during any set period of time for a fixed price, except at private functions not open to the general public or to the general membership of a club;

(4)

Encourage or permit, on the licensed premises, any game or contest which involves drinking alcoholic liquor or cereal malt beverage or the awarding of individual drinks as prizes;

(5)

sell, offer to sell or serve free of charge any form of powdered alcohol, as defined in K.S.A. 41-102, and amendments thereto; or

(6)

Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections (a)(1) through (5);

(7)

Sell, offer to sell or serve any drink of alcoholic liquor or cereal malt beverage for consumption off of the licensed premises;

(8)

Recklessly allow or permit any person to remove a drink of alcoholic liquor from the licensed premises or from the caterer's premises, except as allowed in subsection (c).

(b)

A club, drinking establishment, drinking establishment/restaurant, drinking establishment/hotel, caterer or holder of a temporary permit may:

(1)

Offer free food or entertainment at any time;

(2)

Sell or deliver wine by the bottle or carafe;

(3)

Sell, offer to sell and serve individual drinks at different prices throughout any day; or

(4)

Sell or serve beer or cereal malt beverage in a pitcher capable of containing not more than 64 fluid ounces.

(5)

Sell or serve margarita, sangria, daiquiri, mojito or other mixed alcoholic beverages as approved by the director in a pitcher containing not more than 64 fluid ounces.

(6)

A club, drinking establishment, drinking establishment/restaurant, or drinking/establishment/ hotel may offer customer self-service of wine from automated devices on licensed premises so long as the licensee monitors and has the ability to control the dispensing of such wine from the automated device.

(c)

Notwithstanding the provisions in subsection (a), a class A club license, class B club license, drinking establishment or drinking establishment/restaurant shall allow the licensee to allow legal patrons of the club or drinking establishment to remove from the licensed premises one or more opened containers of alcoholic liquor, subject to the following conditions:

(1)

It must be legal for the licensee to sell the alcoholic liquor in its original container;

(2)

The alcoholic liquor must be in its original container;

(3)

Each container of alcoholic liquor must have been purchased by a patron and the alcoholic liquor in each container must have been partially consumed on the licensed premises;

(4)

The licensee or the licensee's employee must provide the patron with a dated receipt for the unfinished container or containers of alcoholic liquor; and

(5)

Before the container of alcoholic liquor is removed from the licensed premises, the licensee or the licensee's employee must securely reseal each container, place the container in a tamper-proof, transparent bag which is sealed in a manner that makes it visibly apparent if the bag is subsequently tampered with or opened.

(d)

A hotel of which the entire premises is licensed as a drinking establishment may distribute coupons to its guests redeemable on the hotel premises for drinks containing alcoholic liquor as allowed and approved by the Kansas Secretary of Revenue.

(e)

A hotel of which the entire premises is not licensed as a drinking establishment may distribute coupons to its guests redeemable with one or more clubs or drinking establishments for drinks containing alcoholic liquor as allowed and approved by the Kansas Secretary of Revenue.

(f)

Violation of any provision of this section is a misdemeanor and punishable by a fine of not more than $500 or imprisonment not to exceed six months or by both such fine and imprisonment.

(g)

Violation of any provision of this act shall be grounds for suspension or revocation of the retailer's license as provided by this Title.

(Ord. No. 39-907 § 11; Ord. No. 47-056 § 2, 6-27-06; Ord. No. 49-295 § 5, 6-26-2012, eff. 7-1-2012; Ord. No. 50-161 § 17, 3-15-2016)