Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.

(a)   Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted, whatever the origin thereof, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol.

(b)   Alcoholic liquor means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.

(c)   Caterer means an individual, partnership or corporation which sells alcoholic liquor by the individual drink, and provides services related to the serving thereof, on unlicensed premises which may be open to the public, but does not include a holder of a temporary permit selling alcoholic liquor in accordance with the terms of such permit.

(d)   Cereal Malt Beverage means cereal malt beverage as that term is defined in K.S.A. 41-2701, and amendments thereto, and such term shall include beer containing not more than 6% alcohol by volume when such beer is sold by a retailer licensed under the Kansas cereal malt beverage act.

(e)   Class A Club means a premises which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide nonprofit social, fraternal or war veterans’ club, as determined by the State of Kansas, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates (hereinafter referred to as members), and their families and guests accompanying them.

(f)   Class B Club means a premises operated for profit by a corporation, partnership or individual, to which members of such club may resort for the consumption of food or alcoholic beverages and for entertainment

(g)   Club means a Class A or Class B club.

(h)   Drinking Establishment means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.

(i)    General Retailer means a person who has a license to sell cereal malt beverages at retail.

(j)    Limited Retailer means a person who has a license to sell cereal malt beverages at retail only in original and unopened containers and not for consumption on the premises.

(k)   Place of Business means place at which cereal malt beverages or alcoholic beverages or both are sold.

(l)    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.

(m)  Wholesaler or distributor means any individuals, firms, copartnerships, corporations and associations which sell or offer for sale any beverage referred to in this chapter, to persons, copartnerships, corporations and associations authorized by this chapter to sell cereal malt beverages at retail.

(Code 2022; Ord. 901)

(a)   No alcoholic liquor shall be sold by a person holding a license or permit from the city whose place of business or other premises are located within 200 feet of any school, college or church, said distance to be measured from the nearest property line of such school, college or church to the nearest portion of the building occupied by the premises; except that if any such school, college or church is established within 200 feet of any licensed premises after the premises have been licensed, the premises shall be an eligible location for retail licensing.

(b)   The distance location of subsection (a) above shall not apply to a club, drinking establishment, restaurant, caterer or temporary permit holder.

(c)   No license or permit shall be issued for the sale of alcoholic liquor if the building or use does not meet the zoning ordinance requirements of the city or conflicts with other city laws, including building and health codes.

(K.S.A. 41-710; Code 2022)

(a)   It shall be unlawful for any person under the age of 21 years to remain on any premises where the sale of alcoholic liquor is licensed for on-premises consumption, or where a caterer or temporary permit holder is serving alcoholic liquor.

(b)   It shall be unlawful for the operator, person in charge or licensee of any premises licensed for on-premises consumption of alcoholic liquor or a caterer or temporary permit holder who is serving alcoholic liquor to permit any person under the age of 21 years to remain on the premises.

(c)   This section shall not apply if the person under the age of 21 years is accompanied by his or her parent or guardian, or if the licensed or permitted premises derives not more than 30 percent of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption.

(Code 2022)

(a)   It shall be unlawful for any person while upon a public street, sidewalk, public park, cemetery, or upon any service area or parking area to which the general public has access, or upon any property owned by the city or by any governmental agency, to drink or consume any cereal malt beverage or alcoholic liquor or possess any open containers of cereal malt beverage or alcoholic liquor except as permitted by subsection (b) and (c) and elsewhere in this chapter.

(b)   Consumption and/or sale of cereal malt beverages may be allowed on City owned property during such times and in such areas as designated by the City Council for special events, and at such other times and specified locations as may be approved by the City Council from time to time.

(c)   Authority to grant exemptions.

(1)   There is hereby granted a designation of authority to the then serving Sedgwick Police Chief, the authority to provide for and grant temporary exemptions to this code section.

(2)   The authority granted herein shall apply to specified city owned property within the city limits of the City of Sedgwick.

(3)   The authority granted herein shall be to allow temporary exemptions for the sale, possession, and consumption of enhanced cereal malt beverages and alcoholic liquor on certain public property identified in section (c)(2).

(4)   The exemption shall apply only to a clearly defined, fenced or marked and secure area within the existing parameters. Such defined area and any required security or control barriers shall be approved in advance the Sedgwick Police Chief and shall not obstruct adequate space for pedestrian traffic along public sidewalks contiguous to the designated area.

(5)   The exemption shall be allowed for a specified term and specific times which shall be specified at the time the exemption is granted.

(6)   Such exemption shall apply to the sale, possession, and consumption of enhanced cereal malt beverages and alcoholic liquor on certain public property as referenced in subsections (c)(2) and (c)(3).

(7)   All necessary permits authorizing the sale of such enhanced cereal malt beverages and alcoholic liquor shall be timely applied for and granted in advance of the applicable dates noted herein as a precondition for award of this exemption.

(d)   Downtown sidewalk consumption.

(1)   The area, as referenced and described in subsection (d)(2), shall be exempt from the prohibition of alcoholic liquor as mandated in K.S.A. 41-719 and such consumption shall be specifically authorized pursuant to K.S.A. 41-719(a)(3).

(2)   The exemption shall apply only to a clearly defined, fenced or marked and secure area of public sidewalk under the existing awning immediately contiguous to and in front of Cy's Hoof and Horn Supper Club, located at 425 N. Commercial Avenue, Sedgwick, Kansas within the city limits of the City of Sedgwick, Kansas and a clearly defined, fenced or marked and secure area of public sidewalk under the existing awning immediately contiguous to and in front of Hicks-Davison American Legion Post 268, located at 510 N. Commercial Avenue, Sedgwick, Kansas within the city limits of the City of Sedgwick, Kansas. Such defined area and the surrounding security barriers shall be approved in advance by the Sedgwick City Administrator and/or the Sedgwick Police Chief and shall provide adequate space for pedestrian traffic along the public sidewalk.

(3)   The owner shall be responsible for proper application and obtaining approval of all legally required permits and licenses in order for this exemption to remain in effect. All annual renewals shall be properly submitted, reviewed, and approved for such exemption to continue until termination as specified in subsection (d)(4).

(4)   This exemption, consistent with Policy Memorandum 2002-2 (Revised July 15, 2020) and Kansas Administrative Regulation 14-21-21(f), shall be temporary in nature, extending to and terminating on October 5, 2024, and during normal posted hours of operation of such named establishment.

(K.S.A. Supp. 41-719; Ord. 627; Code 2022; Ord. 890; Ord. 892)

(a)   It shall be unlawful for any person to sell, serve or dispense any cereal malt beverage or alcoholic beverage in any public place not licensed to sell, serve or dispense such beverage at such public place within or under the jurisdiction of the city.

(b)   It shall be unlawful for any person to drink or consume any cereal malt beverage or alcoholic beverage in any public place not licensed to sell and serve such beverage for public consumption at such public place within or under the jurisdiction of the city.

(c)   For purposes of this section, the term “public place” shall include upon any street, public thoroughfare, public parking lot or any privately owned parking area made available to the public generally, within any parked or driven motor vehicle situated in any of the aforesaid places or upon any property owned by the state or any governmental subdivision thereof unless such property is leased to others under K.S.A. 12-1740 et seq. if the property is being used for hotel or motel purposes or purposes incidental thereto or is owned or operated by an airport authority created pursuant to Chapter 27 of the Kansas Statutes Annotated.

(K.S.A. 41-719; Code 2022)

(a)   It shall be unlawful for any person to transport in any vehicle upon a highway or street any cereal malt beverage or alcoholic beverage unless such beverage is:

(1)   In the original, unopened package or container, the seal of which has not been broken and from which the original cap or cork or other means of closure has not been removed;

(2)   In the locked, rear trunk or rear compartment or any locked outside compartment which is not accessible to any person in the vehicle while it is in motion or;

(3)   In the exclusive possession of a passenger in a vehicle which is a recreational vehicle as defined by K.S.A. 75-1212 or a bus as defined by K.S.A. 8-1406, who is not in the driving compartment of such vehicle or who is in a portion of such vehicle from which the driver is not directly accessible.

(b)   As used in this section highway and street have meanings provided by K.S.A. 8-1424 and K.S.A. 8-1473 and amendments thereto.

(K.S.A. 41-804, 41-2719; Code 2022)

It shall be unlawful for any person to consume any cereal malt beverage or alcoholic beverage while operating any vehicle upon any street or highway.

(K.S.A. 41-719, 41-2720; Code 2022)

(a)   It shall be unlawful for any person to:

(1)   Display, cause or permit to be displayed, or have in possession, any fictitious, fraudulently altered, or fraudulently obtained identification card for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.

(2)   Display or represent any identification card not issued to such person as being his or her card for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.

(3)   Permit any unlawful use of an identification card issued to a person for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.

(4)   Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card or display or have in possession any such photograph, photostat, duplicate, reproduction or facsimile for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.

(b)   It shall be unlawful for any person to:

(1)   Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the sale, purchase or consumption of any alcoholic liquor.

(2)   Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the sale, purchase or consumption of any cereal malt beverage.

(Code 2022)

(a)   It shall be unlawful for any person under 21 years of age to purchase or attempt to purchase any cereal malt beverage.

(b)   It shall be unlawful for any person under 21 years of age to purchase or attempt to purchase any alcoholic liquor.

(K.S.A. Supp. 41-727; Ord. 521; Code 2022)

(a)   In accordance with K.S.A. 41-2659, and amendments thereto, the Governing Body hereby establishes the areas known as Sedgwick City Park, the Sedgwick Pocket Park, and the Mayor Donald K. DeHaven Memorial Park as common consumption areas (the "City Parks CCA") consisting of certain outdoor areas located within the parameters of the Sedgwick City Park, the Sedgwick Pocket Park, and the Mayor Donald K. DeHaven Memorial Park and associated city rights-of-way, as designated on the map, attached to Ordinance No. 891 as Exhibit A and incorporated herein by reference, excluding any and all areas which otherwise become subject to a license issued pursuant to the Kansas liquor control act or the club and drinking establishment act. The boundaries of the City Parks CCA shall be clearly marked using a physical barrier or any apparent line of demarcation. Any City right-of-way laying within the boundaries of the City Parks CCA may be included within the boundaries of the City Parks CCA when: (1) a Special Event Permit has been issued for the selling of cereal malt beverages and alcoholic beverages in, or connected with, the City Parks CCA ; and (2) the right-of-way has been barricaded from vehicle traffic.

(b)   The Governing Body hereby authorizes the possession and consumption of cereal malt beverages and alcoholic liquor in the City Parks CCA; provided, however, that a common consumption area permit ("Permit") for the City Parks CCA has been issued to the City by the State of Kansas, Director of the Division of Alcoholic Beverage Control ('Director") in accordance with K.S.A. 41-2659, and amendments thereto. The possession and consumption of cereal malt beverages and alcoholic liquor within the City Parks CCA is only permitted between the hours of 9:00 a.m. and 12:00 a.m. midnight, Sunday through Saturday.

(c)   All cereal malt beverages and alcoholic liquor removed from a licensed premises authorized to participate in the City Parks CCA shall be served in a container that displays the licensee's trade name or logo or other identifying mark that is to the licensee.

(d)   The possession or consumption of cereal malt beverages and alcoholic liquor purchased outside of the City Parks CCA shall not be permitted inside the boundaries of the City Parks CCA.

(e)   No open container of cereal malt beverages and alcoholic liquor, purchased within the City Parks CCA, shall be removed from the boundaries of the City Parks CCA.

(f)   Inappropriate conduct shall not be permitted within the boundaries of the City Parks CCA and any person engaging in such inappropriate conduct shall be subject to removal from the designated premises. Inappropriate conduct may include but is not limited to fighting, use of profanity or indecent language, harassment, destruction of property, lewd or lascivious acts, or committing any violation of law or City Code.

(g)   All licensees approved by the Division of Alcoholic Beverage Control to participate in the City Parks CCA shall at all times comply with any and all federal, state and city laws or regulations pertaining to the purchase and sale of cereal malt beverages and alcoholic liquor.

(h)   The Governing Body hereby authorizes the City Administrator or his designee to take all reasonably necessary actions, including but not limited to the execution of all documents and instruments, to obtain a Permit for the City Parks CCA on behalf of the City.

(i)    Subject to receipt of the Permit as described in subsection (b), the Governing Body hereby authorizes the City Administrator or their designee to establish rules and regulations pertaining to the use of the City Parks CCA and activities therein. A copy of the rules and regulations shall be available at the office of the City Clerk during regular business hours, on the website maintained by the City, and posted in the CCA. Any violation of such rules and regulations, any official City signage, state law or regulations, or the oral direction of any City employee or authorized volunteer shall be grounds for expulsion from the designated premises and criminal sanctions or any other remedy available under

(K.S.A. Supp. 41-2659; Ord. 891)