The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)   Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted, whatever its origin, 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)   Cereal malt beverage means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage, as defined in K.S.A. 2014 Supp. 41-2729, and amendments thereto, but does not include any such liquor which is more than 3.2% alcohol by weight.

(d)   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 director, 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.

(e)   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.

(f)    Club means a class A or class B club or any other operation selling alcoholic liquor under the laws of the State of Kansas.

(g)   Enhanced 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.

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

(i)    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.

(j)    Place of business means any place at which cereal malt beverages or alcoholic beverages, or both, are sold.

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

(K.S.A. 41-102, 41-2701; Code 1988, § 3-101; Ord. 3261; Ord. 3454; Code 2016; Ord. 3485)

(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: 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 such 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 K.S.A. ch. 27 (K.S.A. 27- 101 et seq.).

(Code 1988, § 3-102; Code 2016, Sec. 6-2)

(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 such person’s 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; or

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

(K.S.A. 41-727; Code 1988, § 3-105; Code 2016, Sec. 6-3)

(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. 41-727, 41-2615; Code 1988, § 3-106; Ord. 3454, 1-19-16; Code 2016, Sec. 6-4)

(a)   Cereal malt beverages. Pursuant to 2005 Kan. Sess. Laws, Ch. 201, K.S.A. 41-2704, the sale of cereal malt beverage in the original package is allowed within the city on any Sunday, except, Easter and Christmas, between the hours of 12:00 noon and 8:00 p.m.

(b)   Alcoholic liquors. Pursuant to 2005 Kan. Sess. Laws, Ch. 201, K.S.A. 41-2911, the sale at retail of alcoholic liquor in the original package is allowed within the city on any Sunday, except Easter or Christmas, between the hours of 12:00 noon and 8:00 p.m., and on Memorial Day, Independence Day, and Labor Day.

(Ord. 3339, §§ 1, 2, 1-24-06; Ord 3454, 1-19-16; Code 2016, Sec. 6-5)

It shall be lawful for the owner, manager, operator, proprietor, employees or persons in charge of any place of business in which on-site dining and/or alcoholic liquor or cereal malt beverages are sold within the C-1 Central Business District zoning classification, as defined in the City of Iola Zoning Regulations, to allow or permit the sale, possession and consumption of food, alcoholic liquor and/or cereal malt beverages in locations where the licensee authorized to sell and dispense the same has been granted an extension into the public right-of-way for such purposes. In no way shall this extension encroach upon an at least 6-foot pedestrian walking area, measured from the back of the curb located in front of the business. Such licensees shall have the necessary approvals granted by the State of Kansas Alcoholic Beverage Control and/or the City of Iola. Such location shall be approved by permit issued by the City of Iola, pursuant to the City's policy in place at the time and all applicants must adhere to and comply with the City of Iola's Common Consumption Area Policy as adopted by the Iola City Council. Should this section and/or City of Iola 's Common Consumption Policy not be followed, the permit may be revoked by the Iola City Council.

(Ord. 3515)