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. Any 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. 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.

(Ord. 271, Sec. 1; Ord. 272, Sec. 1; Code 1989; Ord. 673)

(a)   No alcoholic liquor shall be sold or served 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 church or school, the distance to be measured from the nearest property line of such church or school to the nearest portion of the building occupied by the premises.

(b)   The distance location of subsection (a) above shall not apply to a club, drinking establishment, caterer, or temporary permit holder when the license or permit applicant petitions for and receives a waiver of the distance limitation from the governing body. The governing body shall grant such a waiver only following public notice and hearing and a finding by the governing body that the proximity of the establishment is not adverse to the public welfare or safety.

(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.

(Ord. 271, Sec. 2)

(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 50 percent of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption

(Ord. 271, Sec. 3)

(a)   It is unlawful for any person within the corporate limits of the city to consume or to have in such person's possession any open container of alcoholic beverage upon the public streets, alleys, roads, sidewalks, or highways, or inside vehicles while upon the public streets, alleys, roads or highways except as follows:

(1)   Alcoholic liquor or cereal malt beverage may be sold and/or consumed at a special event or catered event held on public streets, alleys, roads, sidewalks, or highways, provided such streets, alleys, roads, sidewalks or highways have been closed to motor vehicle traffic by the City Council; and

(A)  A temporary permit for such event has been issued pursuant to K.S.A. 41-1201 and Section 3-703 of this Code and amendments thereto; or

(B)  A caterer's licensee has provided the required notification pursuant to K.S.A. 41-2643 and amendments thereto; or

(C)  A public venue, hotel, hotel caterer, drinking establishment, caterer or drinking establishment licensee has been authorized by the City to extend its licensed premises pursuant to K.S.A. 41-2608, and amendments thereto.

(b)   The city, by virtue of the authority contained in K.S.A. 41-719(e) and amendments thereto, exempts all park property from any prohibition against consumption of alcoholic liquor on public property as provided in K.S.A. 41-719(d) and amendments thereto, and Section 12-110 of this Code and amendments thereto except as follows:

(l)    Alcoholic liquor or cereal malt beverage may be sold and/or consumed at a special event or catered event held on park property streets when:

(A)  A temporary permit for such event has been issued pursuant to K.S.A. 41-1201 and Section 3-703 of this Code and amendments thereto; or

(B)  A caterer's licensee has provided the required notification pursuant to K.S.A. 41-2643 and amendments thereto.

(2)   For the purposes of this section, the term “park property” shall mean any real property owned or under the control of the City of Rose Hill that is designated for use as a park or recreational facility by the City Council, and shall include any property right, easement or other right of use, regardless of nature, when such right is granted or designated, in whole or in part, for use as a park, recreational facility or for other recreational purposes.

(c)   No person shall remove any alcoholic liquor from inside the boundaries of an event as designated by the city, from the boundaries of a catered event or from the extended licensed premises of a public venue, hotel, hotel caterer, drinking establishment caterer or drinking establishment. Such boundaries shall be clearly marked by signs, a posted map or other means which reasonably identify the area in which alcoholic liquor may be possessed or consumed.

(Ord. 271, Sec. 4; Ord. 708, Sec. 1)

(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; Ord. 265, Sec. 2; Code 1989)

(a)   No person shall 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. 8-1599; Ord. 244, Sec. 1E; Code 2003)

No person shall 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 1989)

Unless otherwise specified, violation of any provision of this chapter and amendments thereto, for which a penalty is not otherwise specifically provided is punishable by a fine not less than fifty ($50) dollars and not to exceed five hundred ($500) dollars or imprisonment not to exceed six months, or both such fine and imprisonment.

(Code 1989; Ord. 708, Sec. 2)