(a)   Establishment. In accordance with K.S.A. 41-2659, and amendments thereto, the Governing Body hereby establishes the Commercial Avenue Social District Common Consumption Area (“CCA”) located in the Designated Main Street area (encompassed by the following boundaries: on the north by 6th street; on the south by Cy’s Hoof n Horn; on the east by the north-south alley between Washington and Commercial; and on the west by 5th and Madison), provided that a common consumption area permit has been issued by the Director of the Kansas Department of Revenue Division of Alcoholic Beverage Control (“Director”).

(b)   Boundary Identification. The boundaries of the CCA must be clearly marked using a physical barrier or any apparent line of demarcation. Every CCA shall have signs conspicuously posted identifying the boundaries of such area, and such signs must be in a size and manner that provides notice to persons entering or leaving the area.

(c)   Hours. The possession and consumption of alcoholic liquor or cereal malt beverage in the CCA is authorized between the hours of 12:00 p.m. until 10:00 p.m. Thursday, Friday, and Saturday. An exception may be made for a change in day or time if prior approval is granted via a special event permit approved by the Governing Body.

(Ord. 915)

(a)   Sales Conditions. CCA permits are for possession and consumption of alcoholic liquor or cereal malt beverage only. No sales of alcoholic liquor or cereal malt beverage may occur on premises covered by the CCA permit unless the sales are conducted by a caterer licensed in accordance with all City requirements for a catered event, a separate special event permit has been issued for that specific area, or a drinking establishment has been authorized in writing by the City Clerk or designee to operate a noncontiguous service area in accordance with K.S.A. 41-2659(e)(2).

(b)   Consumption Areas. Alcoholic liquor or cereal malt beverage drinks may be consumed on public property within the CCA including sidewalks and crosswalks but shall not be consumed in public parking lots, street parking stalls, or the public thoroughfare (“street”) unless the street has been closed to vehicular traffic for a special event approved by the Governing Body.

(c)   Purchases Outside of the CCA. The possession and consumption of alcoholic liquor or cereal malt beverage purchased outside of the CCA and its participating licensees shall not be permitted inside the boundaries of the CCA without prior approval of a special event permit by the Governing Body.

(d)   Removal of Purchases from Within the CCA. No open container of alcoholic liquor or cereal malt beverage purchased within the CCA shall be removed from the boundaries of the CCA.

(e)   Containers and Two-Drink per-person on-street limit. All alcoholic liquor and cereal malt beverage removed from a licensed premises or otherwise sold within the CCA shall be served in a paper or plastic cup no larger than sixteen (16) fluid ounces that displays the licensee’s trade name or logo or other identifying mark that is unique to the licensee. No establishment participating in the CCA shall allow any person to leave their premises and enter the CCA with more than two such alcoholic beverage at a time. Paper or plastic cups shall be single serve and not be refilled by the licensee identified on the cup, by any other licensed establishment participating in the CCA, or by any other person or party.

(Ord. 915)