ORDINANCE NO. 1722

AN ORDINANCE REGULATING THE SALE OF CEREAL MALT BEVERAGE CONTAINING NOT MORE THAN 6% ALCOHOL BY VOLUME WITHIN THE CITY OF GOODLAND, KANSAS AND AMENDING SEC. 3-101 OF THE CODE OF ORDINANCES OF THE CITY OF GOODLAND, KANSAS RELATING THERETO.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GOODLAND, KANSAS:

SECTION 1. That Sec. 3-101 of the Code of Ordinances of the City of Goodland, Kansas is hereby amended to read as follows:

Sec. 3-101.             Definitions

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.

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.

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.

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.

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. 41-2729 and amendments thereto, including beer as defined by K.S.A. 41-102, but not including any such liquor which is more than 6 percent alcohol by weight.

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.

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.

Club means a Class A or Class B club.

Drinking establishment means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.

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

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.

Place of business. Any place at which cereal malt beverages or alcoholic beverages or both are sold.

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.

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 and associations authorized by this chapter to sell cereal malt beverages at retail.

SECTION 2. This Ordinance shall be published in the official city newspaper and shall become effective on April 1, 2019.

PASSED AND ADOPTED this 18^th day of March, 2019 by the Governing Body of the City of Goodland, Kansas.

____________________________

Brian Linin, Mayor

ATTEST:

__________________________

Mary P. Volk, City Clerk

Summary of Changes

Ordinance 1722

Cereal Malt Beverage Definition:

Old: Cereal malt beverage means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor which is more than 3.2 percent alcohol by weight.

New: 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. 41-2729 and amendments thereto, including beer as defined by K.S.A. 41-102, but not including any such liquor which is more than 6 percent alcohol by weight.