alcohol_exemption_ord_no

ORDINANCE NO. 8515

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS RELATED TO ALCOHOLIC LIQUOR AND CEREAL MALT BEVERAGES.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1. Section 4-105 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, is amended to read as follows:

4-105 CONSUMPTION OF ALCOHOLIC LIQUOR IN PUBLIC PLACES PROHIBITED; EXCEPTIONS.

(A) No person shall drink or consume alcoholic liquor or possess an open container of alcoholic liquor on the public streets, alleys, sidewalks, roads, highways, or public parking lots.

(B) No person shall drink or consume alcoholic liquor or possess an open container of alcoholic liquor inside vehicles while upon the public streets, alleys, roads, highways, or public parking lots, except when permitted by K.S.A. 8-1599, as amended.

(1) On premises where the sale of liquor by the individual drink is authorized by the Club and Drinking Establishment Act, K.S.A. 41-2601 et seq., and amendments thereto, and by the City licensing requirements, Sections 4-101 et seq., and amendments thereto;

(2) Upon private property by a person occupying such property as an owner or lessee of an owner and the guests of such person (and only with such person’s permission), if no charge is made for the serving or mixing of any drink or drinks of alcoholic liquor of or for any substance mixed with any alcoholic liquor and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto, or Section 4-101 et seq., and amendments thereto, takes place; or

(3) In a lodging room of any hotel, motel, or boarding house by the person occupying such room and by the guests of such person, if no charge is made for the serving or mixing of any drink or drinks of alcoholic liquor and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto, or Section 4-101 et seq., and amendments thereto, takes place; or

(4) In a private dining room of a hotel, motel, or restaurant, if the dining room is rented or made available on a special occasion to an individual or organization for a private party and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto, or Section 4-101 et seq., and amendments thereto, takes place; or

(5) On the premises of a micro brewery or farm winery, if authorized by K.S.A. 41-308a or K.S.A. 41-308b, and amendments thereto.

(D) No person shall drink or consume alcoholic liquor on public property except:

(1) Upon real property leased by the City to others, under the provisions of K.S.A. 12-1740 to 12-1749, inclusive, and any amendments thereto, if such real property is actually being used for hotel or motel purpose or purposes incidental thereto;

(2) In any state-owned or operated building or structure, and upon the surrounding premises, which is furnished to and occupied by any state officer or employee as a residence;

(3) Upon property owned or controlled by the University of Kansas exempted from the provisions of K.S.A. 41-719(c), as amended, by the State Board of Regents pursuant to K.S.A. 1991 Supp. 41-719(f), as amended;

(4) In the Lawrence Arts Center, located at 940 New Hampshire, during such hours and such locations as authorized by the Board of Directors of the Lawrence Arts Center;

(5) In the Lawrence Riverfront Plaza and the Barbed Wire Building; or

~~(6) In the Union Pacific Depot, located at North Second and Locust Street, pursuant to the rules and regulations of the Director of Parks and Recreation.~~

(6) During approved events at parks and facilities owned by the City of Lawrence and operated by the Department of Parks and Recreation, provided that the sponsor or organizer has obtained a permit issued pursuant to the rules and regulations of the Department of Parks and Recreation and that the drinking or consumption of alcoholic liquor is conducted in accord with the reasonable conditions established by the permit.

(7) Upon property exempted from the provisions of subsection (D) pursuant to subsection (E).

(8) During events at the Lawrence Public Library, pursuant to the rules and regulations of the Lawrence Public Library.

(9) Pursuant to a license granted by the City Commission under 6-1201, et seq. (Sidewalk Dining License);

(E) The City may exempt, by ordinance, specified property, title of which is vested in the City, from the provisions of Subsection (D).

(F) Violation of any provision of this section is a misdemeanor punishable by a fine of not less than $50 nor more than $200 or by imprisonment for not more than six months, or both.

Section 2. Section 4-203 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, is amended to read as follows:

4-203 CONSUMPTION OF CEREAL MALT BEVERAGE IN PUBLIC PLACES PROHIBITED; EXCEPTIONS.

(A) No person shall drink or consume cereal malt beverage or possess an open container of cereal malt beverage on the public streets, alleys, sidewalks, roads, highways, or public parking lots.

(B) No person shall drink or consume cereal malt beverage or possess an open container of cereal malt beverage inside vehicles while upon the public streets, alleys, roads, highways, or public parking lots, except when permitted by K.S.A. 8-1599, as amended.

~~(1) as permitted by K.S.A. 41-2719, as amended;~~

(1) pursuant to a license granted by the City Commission under 6-1201, et seq. (Sidewalk Dining License);

(2) at the Lawrence Municipal Pool, Community Building, South Park Center, East Lawrence Center, Holcom Park Recreation Center, Holcom Sports Complex, Lyon Street Ballpark, Hobbs Ballpark, Woody Ballpark and Broken Arrow Ballpark, Eagle Bend Golf Course, ~~all~~ pursuant to the rules and regulations of the Department of Parks and Recreation;

(3) During approved events at parks and facilities owned by the City of Lawrence and operated by the Department of Parks and Recreation, provided that the sponsor or organizer has obtained a permit issued pursuant to the rules and regulations of the Department of Parks and Recreation and that the drinking or consumption of cereal malt beverage is conducted in accord with the reasonable conditions established by the permit.

(4) Upon property owned or controlled by the University of Kansas exempted from the provisions of K.S.A. 41-719(c), as amended, by the State Board of Regents pursuant to K.S.A. 1991 Supp. 41-719(f), as amended;

(5) During events at the Lawrence Public Library, pursuant to the rules and regulations of the Lawrence Public Library.

(6) Upon property exempted from the provisions of subsection (C) pursuant to subsection (D).

(D) The City may exempt, by ordinance, specified property, title of which is vested in the City, from the provisions of Subsection (C).

(E) No person shall drink or consume cereal malt beverage on private property without the consent of the property owner.

Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 4. Repeal of Prior Law. All previous versions of the sections of the Code of the City of Lawrence, Kansas amended in this ordinance are hereby repealed, it being the intent to supersede the same with the provisions of this ordinance.

Section 5. Effective Date. This ordinance shall take effect and be in full force and effect immediately following its adoption and publication as provided by law.

Adopted this ________________ day of ________________, 2010.

PASSED:

Mike Amyx, Mayor

ATTEST:

Jonathan M. Douglass, City Clerk

APPROVED AS TO FORM AND LEGALITY:

Toni Wheeler, Director of Legal Services