Article 7. Temporary and Special Event Permits

3-701.        Permit required; locations restricted; application and issuance.

(a)   It is 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.

(b)   A local temporary permit shall not be issued if the location of the event is within any residential district (including R-L, R-1, R-1A, R-2, R-3), any agricultural district (including A-L), any planned unit development, or any manufactured home or home park district of the city.

(c)   Application for permit shall be made at least ten days before the planned event, in writing, 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.

(d)   Upon presentation of a state temporary permit, payment of the city’s temporary permit fee and a written application, the city clerk shall issue a local temporary permit to the applicant if the location of the event is within any commercial or industrial zone of the city and there are no conflicts with any zoning or other ordinances of the city.

(e)   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.

3-702.        Permit fee; display of permit.

The city’s temporary permit fee is as provided by the city fee schedule and is charged 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, which fee shall be paid before the event is begun under the state permit. 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.

3-703.        Hours of sale; providing, selling, or trading to minors prohibited.

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. No alcoholic beverages shall be given, sold, or traded to any person under 21 years of age.

3-704.        Penalties.

Any person violating any provision of this article shall be punished by a fine of not more than $1,000.00, or imprisonment in jail for not more than 179 days, or both such fine and imprisonment.

3-705.        Special event CMB permits.

(a)   The holder of a special event permit issued by the city clerk may offer to sell, sell, and serve cereal malt beverages upon otherwise unpermitted premises described in such permit.

(b)   Application for a special event permit shall be made at least ten days before the planned event, in writing, 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; and

(6)   Any other information required by the city clerk.

(c)   Upon payment of the city’s special event retailer’s permit fee and a written application as provided for in subsection (b) the city clerk may approve, and issue a special event retailer’s permit to the applicant if:

(1)   There are no conflicts with any zoning or other ordinances of the city; and

(2)   The applicant has provided the city clerk all information necessary to ensure that the applicant will comply with all local and state alcoholic beverage laws during the permitted period;

(3)   The applicant has agreed to abide by all special conditions and restrictions established by the city manager or the city manager’s designee; and

(4)   The event remains consistent with prevailing community standards.

(d)   No more than four special event permits may be issued to any one applicant in a calendar year.

(e)   Special event permits issued hereunder shall neither be transferred nor assigned.

3-706.        Joint temporary and special event permits.

If an applicant meets the requirements to be issued both a temporary and special event permit under sections 3-702 and 3-703, the city clerk may issue a joint permit that allows the permit holder to offer to sell, sell, and serve both alcoholic liquor and cereal malt beverages upon otherwise unpermitted premises or unlicensed premises, open to the public, as described and under the terms provided in such a permit.

3-707.        Permit fee, display of permit.

The city’s temporary permit fee and special event permit fee are as provided by the city fee schedule. The city’s temporary permit fee is charged 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, which fee shall be paid before the event is begun under the state permit. The city’s special event fee is charged per day on each group or individual holding a special event permit and such fee shall be paid before the event is begun. Every temporary and special event permit holder shall cause the permit receipt to be placed in plain view on any premises within the city where the holder of the permit is serving or mixing alcoholic liquor or cereal malt beverages for consumption on the premises.

3-708.        Hours of sale; providing, selling, or trading to minors prohibited.

No temporary or special event permit holder shall allow the serving, mixing, or consumption of alcoholic liquor or cereal malt beverages between the hours of 2:00 a.m. and 6:00 a.m. at any event for which a temporary or special events permit has been issued. No alcoholic beverages shall be given, sold, or traded to any persons under 21 years of age.