CHAPTER 3. BEVERAGESCHAPTER 3. BEVERAGES\Article 6. Temporary Permits

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.

(Ord. 02-2024)

(a)   There is hereby levied a temporary permit fee in the amount of $25.00 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, and such fee shall be paid before the event is begun under the state permit.

(b)   Every temporary permit holder shall cause the 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.

(Ord. 02-2024)

(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 thirty (30) 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 police, fire or other municipal services.

(b)   Upon presentation of a state temporary permit, payment of the City’s temporary permit fee and a written application as provided for in subsection (a), the city clerk shall issue a local temporary permit to the applicant unless:

(1)   there is an existing conflict with City zoning;

(2)   there is an existing conflict with City ordinance;

(3)   the Chief of Police determines, in a written finding based upon articulable facts, that issuance of such permit poses a risk to public safety that cannot reasonably be addressed with existing municipal services.

(A)  If a denial is made under this subsection, the City shall serve the applicant with written notice of such denial within seven (7) days of the date of application. Such notice shall specify what additional law enforcement needs are required for the event to proceed safely.

(B)  The application shall be granted if the applicant, at applicant’s expense, arranges for the above-referenced law enforcement needs to be met and furnishes written proof of the same to the Chief of Police within seven (7) days of receiving the notice in 3-703(b)(3)(A).

(c)   The City Clerk shall notify the Chief of Police whenever a temporary permit has been issued and forward a copy of the permit and application to the Chief of Police.

(Ord. 02-2024)

(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.

(c)   All alcoholic liquor must be served in containers that do not shatter when dropped, specifically including, but not limited to, glass containers of any kind.

(Ord. 02-2024)

The holder of a temporary permit shall submit a deposit to the City in the amount of $500.00 no later than five (5) days prior to the date of the event. In the event that a public area is left unclean at the expiration of the temporary permit, these funds shall be applied towards cleaning and/or repair of the public area. Any portion of the deposit that remains, up to the full amount, shall be refunded.

(Ord. 02-2024)

Violation of any provision of this article, and amendments thereto, or any rule or regulation adopted thereunder, for which a penalty is not otherwise specifically provided is punishable by fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed six (6) months or by both such fine and imprisonment.

(Ord. 02-2024)