Chapter 3 · Beverages
Article 3. Frontier Days Common Consumption Area
3-301 Definitions.
For purposes of this Article:
(a)Alcoholic beverage — means alcoholic liquor or cereal malt beverage, as those terms are defined by Kansas law.
(b)Common Consumption Area or CCA — means the Frontier Days Common Consumption Area established pursuant to this Article and K.S.A. 41-2659, and amendments thereto.
(c)Frontier Days — means the annual one-day community event known as Frontier Days conducted, sponsored, permitted or authorized by the City of Douglass during September or October.
(d)Frontier Days Event Hours — means the officially scheduled and publicly announced hours of the Frontier Days event for the applicable year, provided that such hours shall occur entirely within one calendar day and shall not begin before 9:00 a.m. or extend beyond 11:59 p.m.
(e)Frontier Days Organizers — means the person, association, organization, committee or other entity primarily responsible for organizing and conducting the Frontier Days event.
(f)Permit Holder — means the City of Douglass or another person or organization authorized by the Governing Body and issued a common consumption area permit by the Director of the Kansas Division of Alcoholic Beverage Control pursuant to K.S.A. 41-2659.
(Ord. 945)
3-302 Frontier Days Common Consumption Area established; boundaries.
(a)Subject to the limitations and conditions contained in this Article, there is hereby established a common consumption area to be known as the “Frontier Days Common Consumption Area.”
(b)The boundaries of the Frontier Days Common Consumption Area shall consist of the following areas within the City of Douglass:
(1)Forrest, from its intersection with 2nd Street through and including its intersection with 4th Street; and
(2)3rd Street, from its intersection with Maple through and including its intersection with Walnut.
The Common Consumption Area shall include the public street, adjoining public sidewalks and public rights-of-way lying within the foregoing street segments.
(c)The Common Consumption Area established by this Article shall exist only during the Frontier Days Event Hours on the one day upon which the annual Frontier Days event is conducted. At all other dates and times, the geographic area described in subsection (b) shall not constitute a Common Consumption Area by virtue of this Article, and the possession or consumption of alcoholic beverages therein shall be subject to the laws and ordinances otherwise applicable to such property.
(d)The annual occurrence of Frontier Days and the activation of the Common Consumption Area during Frontier Days Event Hours shall not require adoption of a new ordinance, provided all permits, licenses, approvals and conditions required by this Article and Kansas law have been obtained and satisfied.
(e)The geographic boundaries established by subsection (b) shall remain the same from year to year unless amended by ordinance of the Governing Body.
(f)The City Administrator shall provide the Director of the Kansas Division of Alcoholic Beverage Control with notice of the establishment of the Common Consumption Area and a copy of this Ordinance, together with such map, description or other documentation as may be required by K.S.A. 41-2659 or the Division of Alcoholic Beverage Control.
(Ord. 945)
3-303 Date and hours of annual Common Consumption Area.
(a)The Common Consumption Area shall be effective during only one calendar day in each calendar year, which day shall be the date upon which the annual Frontier Days event is held during September or October.
(b)The Common Consumption Area shall come into existence at the beginning of the officially scheduled Frontier Days Event Hours and shall automatically cease to exist at the conclusion of the Frontier Days Event Hours.
(c)In no event shall the Common Consumption Area be effective before 9:00 a.m. or after 11:59 p.m.
(d)The Frontier Days Organizers shall provide the City Administrator with the proposed date and official event hours sufficiently in advance of the event to allow the City and the Permit Holder to obtain all licenses, permits and approvals required by law. The date and hours stated in all applications submitted to the Kansas Division of Alcoholic Beverage Control shall be consistent with this Article.
(e)If Frontier Days is postponed or rescheduled, the Common Consumption Area may operate on the rescheduled date, provided the replacement date occurs during September or October, the event remains limited to one calendar day, and all state and local permits and approvals are valid for the rescheduled date.
(Ord. 945)
3-304 Special event permit required.
(a)As a condition precedent to the annual operation of the Frontier Days Common Consumption Area, the Frontier Days Organizers shall timely apply for and receive a local special event permit from the City pursuant to Sections 3-125 and 3-126 of the Code of the City of Douglass.
(b)The application shall be submitted within the time required by Section 3-125 and shall identify the location of Frontier Days, the date and hours of the event, and any anticipated need for police, fire or other municipal services.
(c)The Frontier Days Organizers shall comply with Sections 3-123 through 3-126 of the City Code and all applicable provisions of Kansas law.
(d)The issuance of a local special event permit pursuant to Sections 3-125 and 3-126 shall not constitute or substitute for a common consumption area permit issued by the Kansas Division of Alcoholic Beverage Control and shall not authorize the sale or service of alcoholic liquor, including wine, unless such sale or service is separately authorized under Kansas law.
(e)No Common Consumption Area shall become effective for any Frontier Days event unless the local special event permit required by this Section and the common consumption area permit required by K.S.A. 41-2659 have both been obtained and are in effect.
(Ord. 945)
3-305 Common Consumption Area permit.
(a)No possession or consumption of alcoholic beverages shall be authorized pursuant to this Article unless a valid common consumption area permit issued by the Kansas Division of Alcoholic Beverage Control pursuant to K.S.A. 41-2659 is in effect for the applicable Frontier Days event.
(b)The City of Douglass is authorized to apply for and hold the common consumption area permit. The City Administrator is authorized to prepare, execute and submit applications, renewals, notices, fees and other documents reasonably necessary to obtain or maintain such permit.
(c)In lieu of the City serving as Permit Holder, the Governing Body may approve another person or organization qualified under K.S.A. 41-2659 to apply for and serve as the Permit Holder.
(d)The continuing effectiveness of this Article shall not eliminate or alter any requirement under Kansas law that a new or renewed common consumption area permit be obtained for each applicable permit period.
(Ord. 945)
3-306 Possession and consumption; public streets.
(a)During the Frontier Days Event Hours, and only while all required permits are valid and in effect, the possession and consumption of alcoholic liquor and cereal malt beverages is hereby expressly authorized within the Common Consumption Area pursuant to K.S.A. 41-2659 and K.S.A. 41-719.
(b)The Governing Body expressly approves the possession and consumption of alcoholic liquor within the public streets, sidewalks and rights-of-way comprising the Common Consumption Area, subject to this Article and Kansas law.
(c)No person shall consume alcoholic liquor inside any motor vehicle while such vehicle is located upon any public street, alley, road or highway within the Common Consumption Area.
(d)No person shall remove any open container of alcoholic liquor or cereal malt beverage from the boundaries of the Common Consumption Area.
(e)The City Administrator or their designee may close all or any portion of the streets comprising the Common Consumption Area to motor vehicle traffic during the Frontier Days Event Hours when necessary or appropriate for public safety, compliance with Kansas law or operation of Frontier Days.
(Ord. 945)
3-307 Demarcation and identification of boundaries.
(a)During the Frontier Days Event Hours, the boundaries of the Common Consumption Area shall be clearly marked and readily apparent to people entering or leaving the area.
(b)Except where a physical barrier is specifically required by K.S.A. 41-719 or other applicable Kansas law, the boundary may be marked by any apparent line of demarcation permitted by K.S.A. 41-2659, including temporary cones, markers, ropes, stanchions, pavement markings, fencing, barricades, signs or a combination thereof, provided the means utilized clearly identifies the boundary of the Common Consumption Area.
(c)Wherever K.S.A. 41-719 requires the boundary of a Common Consumption Area located upon public streets, alleys, roads, sidewalks or highways to be designated by a physical barrier, a physical barrier meeting the requirements of such statute shall be utilized.
(d)Every Common Consumption Area shall have signs conspicuously posted at appropriate locations identifying the boundaries of the area in a size and manner that provides reasonable notice to people entering or leaving the Common Consumption Area.
(e)Nothing in this Section shall require permanent fencing or permanent alterations to City streets, sidewalks or rights-of-way. All barriers, markers, signs and other boundary designations may be temporary and may be erected for the Frontier Days Event Hours and removed following conclusion of the event.
(Ord. 945)
3-308 Sale and service of alcoholic beverages.
(a)Establishment of the Common Consumption Area and issuance of a common consumption area permit authorizes possession and consumption within the designated area but shall not, by itself, authorize any person to sell, offer for sale or serve alcoholic beverages.
(b)Alcoholic beverages may be sold or served within or in connection with the Common Consumption Area only by a person or entity possessing all licenses, permits, approvals and other authority required by Kansas law and the Kansas Division of Alcoholic Beverage Control.
(c)A licensee whose licensed premises are located within or immediately adjacent to the Common Consumption Area may participate in the Common Consumption Area only in accordance with K.S.A. 41-2659 and applicable requirements of the Kansas Division of Alcoholic Beverage Control.
(d)Any brewery, microbrewery, farm winery, drinking establishment, caterer, temporary permit holder or other licensee participating in Frontier Days may sell or serve only those alcoholic beverages and only in the manner authorized by its applicable state license or permit.
(e)A brewery or other licensee serving wine at Frontier Days shall possess all state licenses, permits, approvals or other authority required for the sale and service of wine at the location of Frontier Days. Neither the local special event permit issued pursuant to Sections 3-125 and 3-126 nor the Common Consumption Area permit shall independently authorize the sale or service of wine.
(f)All alcoholic beverages removed from a participating licensed premises into the Common Consumption Area shall be served in containers bearing the trade name, logo or other identifying mark required by K.S.A. 41-2659.
(Ord. 945)
3-309 Glass containers prohibited.
(a)No person shall possess, carry, serve, sell, furnish or consume any alcoholic beverage within the Common Consumption Area in a glass bottle, glass cup, glass drinking vessel or other glass container.
(b)All alcoholic beverages sold, served or furnished for consumption within the Common Consumption Area shall be provided in a non-glass container permitted by Kansas law.
(c)Every licensee, vendor, permit holder and Frontier Days Organizer participating in the sale or service of alcoholic beverages shall take reasonable measures to ensure compliance with this Section.
(d)The prohibition imposed by this Section shall apply notwithstanding that possession or use of a glass container might otherwise be permitted by the state license or permit held by a seller or server.
(Ord. 945)
3-310 Operational requirements.
(a)No person may sell or serve alcoholic beverages within the Common Consumption Area except during the Frontier Days Event Hours and during such shorter hours as may be required by the person's applicable license or permit.
(b)The Frontier Days Organizers shall be responsible for coordinating with the City, Permit Holder, participating licensees and law enforcement concerning placement of boundary markings, barriers, signs, entrances and exits, alcoholic beverage service areas and other reasonable measures necessary for lawful operation of the Common Consumption Area.
(c)The City Administrator and/or Permit Holder may impose reasonable operational requirements concerning boundary demarcation, entrances and exits, traffic control, security, signage, containers and vendor locations when reasonably necessary to comply with Kansas law or protect public health and safety.
(Ord. 945)
3-311 Suspension or termination of annual operation.
(a)The City Administrator may prohibit, suspend or terminate the possession, consumption, sale or service of alcoholic beverages within the Common Consumption Area if:
(1)a required state or local license or permit has not been obtained or is no longer in effect;
(2)the special event permit required by Section 3-304 has not been issued or has been suspended or revoked;
(3)the Common Consumption Area is not properly marked, designated or posted as required by Kansas law;
(4)continued operation would violate Kansas law, this Article or a lawful requirement of the Kansas Division of Alcoholic Beverage Control; or
(5)an emergency or condition affecting public health or safety reasonably requires suspension or termination.
(b)The Common Consumption Area shall automatically cease to exist upon conclusion or cancellation of the Frontier Days event for that year.
(Ord. 945)
3-312 Compliance with state law.
This Article shall be construed and administered in conformity with K.S.A. 41-2659, K.S.A. 41-719, Sections 3-123 through 3-126 of the City Code, and all other applicable provisions of Kansas law and applicable rules, regulations and lawful requirements of the Kansas Division of Alcoholic Beverage Control, all as amended from time to time. If any provision of this Article conflicts with a mandatory requirement of Kansas law, the mandatory requirement of Kansas law shall control.
(Ord. 945)