Article 3. Temporary Permits
4.3.1. Permit required.
A. It shall be unlawful for any person granted a temporary permit by the State of Kansas to sell or serve any alcoholic liquor within the city without first obtaining a local temporary permit from the city clerk.
B. Temporary Permit means a permit, issued in accordance with the laws of the State of Kansas, which allows the permit holder to offer for sale, sell and serve alcoholic liquor for consumption on unlicensed premises, open to the public, subject to the terms of the permit.
4.3.2. Permit fee.
A. There is hereby levied a temporary permit fee in the amount of $100.00 per day on each group or individual holding a temporary permit issued by the state director of alcoholic beverage control authorizing sales within the city, which fee shall be paid before the City’s Temporary Permit to operate is issued.
B. Every temporary permit holder shall cause both the State Temporary Permit and the City’s temporary permit receipt to be placed in plain view on any premises within the city where the holder of the temporary permit is serving or mixing alcoholic liquor for consumption on the premises.
4.3.3. City temporary permit.
A. It shall be unlawful for any person to conduct an event under a state issued temporary permit without first applying for a local temporary permit at least sixty (60) days before the event. Written application for the local temporary permit shall be made to the city clerk and shall clearly state:
1. the name of the applicant;
2. the group for which the event is planned;
3. the location of the event;
4. the date and time of the event;
5. any anticipated need for law enforcement, fire or other municipal services.
B. Upon presentation of a state temporary permit, payment of the city’s temporary permit fee, understanding and agreement to pay all costs of publication associated with the temporary permit, and a written application as provided for in subsection A, the city clerk shall issue a local temporary permit to the applicant if there are no conflicts with any zoning or other ordinances of the city.
C. The city clerk shall notify the chief of police whenever an application for a temporary permit has been requested and forward a copy of the application to the chief of police.
4.3.4. Permit regulations.
A. No temporary permit holder shall allow the serving, mixing or consumption of alcoholic liquor between the hours of 2:00 a.m. and 6:00 a.m. at any event for which a temporary permit has been issued.
B. No alcoholic beverages shall be given, sold or traded to any person under 21 years of age.
4.3.5. Special event approval.
A. Alcoholic liquor may be consumed at a Special Event held on public streets, alleys, roads, sidewalks or highways in accordance with a Temporary Permit issued by the State of Kansas pursuant to K.S.A. 41-2645, and amendments thereto, only after such Special Event has been approved by the Governing Body by Resolution specifically citing this subsection of this Article regarding alcoholic liquor. An application requesting approval of such Special Event shall be submitted to the City Clerk sixty (60) days prior to such Special Event, and shall include all information required by 4.3.3, as well as a specific description of the area to be included in such Special Event, manner of posting such area, manner of controlling alcoholic liquor from being taken into or out of such area, and any other safety information specifically required by the application, Police Chief, or Governing Body.
B. Special Event shall in no manner be construed to allow alcoholic liquor to be consumed inside vehicles while on public streets, alleys, roads or highways within the boundaries of any such Special Event.
C. No person shall remove any alcoholic liquor from inside the boundaries of a Special Event as designated by the Resolution authorizing such Special Event. The boundaries of such Special Event shall be clearly marked by signs, a posted map or other means which reasonably identify the area in which alcoholic liquor may be possessed or consumed at such Special Event.
D. No person shall possess or consume alcoholic liquor inside the premises licensed as a Special Event that was not sold or provided by the licensee holding the associated State and City issued temporary permits.
E. The Governing Body may require the holder of the Special Event to provide adequate insurance, naming the City as an additional insured, if such Special Event is to take place on any public property or roadway.
F. Special Event means a picnic, bazaar, festival or other similar community gathering.