(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, said 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.

(Code 1987; Ord. 1944)

(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-premise 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-premise 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/her parent or guardian, or if the licensed or permitted premise derives not more than 50 percent of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premise consumption. 

(d)   It shall be unlawful for any person to sell, serve or dispense any cereal malt 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.  

(Code 1987; Ord. 1944)

(a)   No person shall drink or consume an alcoholic beverage on city-owned public property except for the possession and/or consumption of alcoholic beverages within the Common Consumption Area as set forth in Section 3-306 and Section 3-307 below.

(b)   No person shall have, in such person’s possession, any alcoholic beverage not in its original, unopened container upon any highway or public place generally open to the public or to which the motoring public has access or within any vehicle which is upon any of said places, except for the possession of alcoholic beverages within the Common Consumption Area as set forth in Section 3-306 and Section 3-307 below.

(c)   The City Council, upon written application, may permit the consumption of alcoholic beverages on city-owned property and may waive any business regulation or other applicable restriction that may prohibit or limit such events. Such application shall be reviewed by applicable advisory boards and by the city police and fire departments for comment and recommendation. The City Council may impose reasonable conditions upon such permission to assure public safety and may require reasonable deposits for clean-up and damage.

(d)   Violation of this subsection is punishable by a fine of not less than $50.00 or more than $200.00, or by imprisonment for not more than six months, or both.

(Ord. 1725)

(a)   No person shall drink or consume any alcoholic beverage while operating a vehicle upon any street or highway.

(b)   Violation of this subsection is punishable by a fine of not less than $50.00 or more than $200.00, or by imprisonment for not more than six months, or both.

(Ord. 1944)

(a)   No person shall knowingly or unknowingly sell, give away, dispose of, exchange or deliver or permit the sale, gift or procuring of any alcoholic liquor to or for any minor, and no such minor shall represent that such person is of age for the purpose of asking for, purchasing or receiving alcoholic liquor from any person, except in cases authorized by law.

(b)   No person shall knowingly sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person who is an incapacitated person, or any person who is physically or mentally incapacitated by the consumption of such liquor.

(c)   It shall be unlawful for any person to sell, serve or dispense any cereal malt 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.  

(Code 1987; Ord. 1944)

(a)   Establishment. In accordance with K.S.A. 41-2659, and amendments thereto, the Governing Body hereby establishes the Downtown Marysville Common Consumption Area (“CCA”) located in the Downtown Marysville area (encompassed by the following boundaries: starting on the south side of Center Street along the west Property line of 410 Broadway, go south to the south side of Broadway along the sidewalk, then east to the west side of 5th Street along the sidewalk, the south to the alley between Broadway Street and Elm Street, then east to the east side of 6th Street along the sidewalk, then south to the north side of Elm Street along the sidewalk, then east to the west side of 10th Street along the sidewalk, then north to the south side of Center Street along the sidewalk, then west along the south side of Center Street to the point of beginning), provided that a common consumption area permit has been issued by the Director of the Kansas Department of Revenue Division of Alcoholic Beverage Control (“Director”).

(b)   Boundary Identification. The boundaries of the CCA shall be clearly marked using a physical barrier or any apparent line of demarcation. Every CCA shall have signs conspicuously posted identifying the boundaries of such area, and such signs must be in a size and manner that provides notice to persons entering or leaving the area.

(c)   Hours. The possession and consumption of alcoholic liquor or cereal malt beverage in the CCA is authorized between the hours of 11:00 a.m. Thursday until 11:30 p.m. Sunday. An exception may be made for a change in day or time if prior approval is granted via a special event permit approved by the Governing Body.  

(Ord. 1944)

(a)   Sales Conditions. CCA permits are for possession and consumption of alcoholic liquor or cereal malt beverage only. No sales of alcoholic liquor or cereal malt beverage may occur on premises covered by the CCA permit unless the sales are conducted by a caterer licensed in accordance with all City requirements for a catered event, a separate special event permit has been issued for that specific area, or a drinking establishment has been authorized in writing by the City Clerk or designee to operate a noncontiguous service area in accordance with K.S.A. 41-2659(e)(2).

(b)   Consumption Areas. Alcoholic liquor or cereal malt beverage drinks may be consumed on public property within the CCA including sidewalks and crosswalks but shall not be consumed in public parking lots, street parking stalls, or the public thoroughfare (“street”) unless the street has been closed to vehicular traffic for a special event approved by the Governing Body.

(c)   Purchases Outside of the CCA. The possession and consumption of alcoholic liquor or cereal malt beverage purchased outside of the CCA and its participating licensees shall not be permitted inside the boundaries of the CCA without prior approval of a special event permit by the Governing Body.

(d)   Removal of Purchases from Within the CCA. No open container of alcoholic liquor or cereal malt beverage purchased within the CCA shall be removed from the boundaries of the CCA.

(e)   Containers and One-Drink per-person on-street limit. All alcoholic liquor and cereal malt beverage removed from a licensed premises or otherwise sold within the CCA shall be served in a paper or plastic cup no larger than sixteen (16) fluid ounces that displays the licensee’s trade name or logo or other identifying mark that is unique to the licensee. No establishment participating in the CCA shall allow any person to leave their premises and enter the CCA with more than one such alcoholic beverage at a time. Paper or plastic cups shall be single serve and not be refilled by the licensee identified on the cup, by any other licensed establishment participating in the CCA, or by any other person or party.

(f)   Conduct. All persons within the CCA shall follow all laws and ordinances concerning the purchase, sale, and consumption of alcohol or cereal malt beverage. Any person acting in a way that violates any provisions of the Municipal Code, State or Federal laws, including but not limited to any offenses against person, property, the public peace, the public safety, or public morals, will be removed from the CCA.

(g)   Licensed Premises. Any licensee of a licensed premises located within or immediately adjacent to the CCA may request permission from the Kansas Alcoholic and Beverage Control Director to participate in the CCA upon forms prescribed by the Director.

(1)   Removal of Alcohol from Licensed Premises. Any licensee of a licensed premises who has requested and received permission to participate in the CCA may allow its legal patrons to remove one alcoholic liquor or cereal malt beverage purchased from the licensee per person into the premises described by the CCA permit.

(2)   Noncontiguous Sales. In addition to their licensed premises, one or more licensees that have requested and received permission to participate in the CCA may offer for sale, sell, and serve alcoholic liquor or cereal malt beverage for consumption from one noncontiguous service area within the CCA, as designated and approved by the CCA permit holder. The licensee shall prominently display a copy of its drinking establishment license and the approval of the CCA permit holder at its noncontiguous service area.

(3)   Compliance with Applicable Laws. Each licensee within the CCA shall comply with all City ordinances, Federal and State laws regulating the purchase, sale and consumption of alcoholic liquor or cereal malt beverage. Any violations of the common consumption area restrictions, City ordinances, or State or Federal laws may result in revocation of the licensee’s participation in the CCA. Each licensee within the CCA shall be liable for violations of all liquor laws governing the sale and consumption of alcoholic liquor or cereal malt beverage that occur on the licensee’s premises.

(4)   Signage. Any licensed establishment that allows patrons to leave the establishment with an alcoholic beverage in an open container as provided in this Article shall maintain posted inside all exit doors for clear public view a map of the current boundaries of the entertainment district and a sign of at least eleven (11) inches by eight and one-half (8.5) inches that states the following:

       “All patrons leaving this establishment with an alcoholic beverage in an open container do hereby assume full responsibility to consume such alcoholic beverage only if it has been served in a paper or plastic cup not to exceed 16 ounces in size and obtained from an establishment licensed to sell alcoholic beverages within the common consumption area (CCA) outlined on the map below. Any individual who leaves the CCA with an alcoholic beverage in an open container is in violation of the Code of the City of Marysville, Kansas and may be subject to a citation, arrest, incarceration, and/or fine.”

(5)   Liability. Each licensee within a CCA shall be liable for violations of all liquor laws governing the sale and consumption of alcoholic liquor or cereal malt beverage that occur on the licensee’s premises. Licensee shall provide any insurance coverage or proof of coverage as may be required by the Governing Body as a condition of participating in the CCA.

(Ord. 1944)

Upon passage of an ordinance or resolution establishing a CCA, the City shall immediately notify the Director of the Kansas Alcoholic Beverage Control Division of the establishment of the CCA and submit a copy of the ordinance or resolution along with such notice.”

(Ord. 1944)

If the license or permit holder has violated any of the provisions of this chapter, the governing body of the city, upon five days written notice to a person holding a license or permit to sell alcoholic liquor, may permanently revoke or cause to be suspended for a period of not more than 30 days such license or permit and the individual holding the license or permit may be charged in municipal court with a violation of the alcoholic liquor laws of the city and upon conviction shall be punished by:

(a)   A fine of not more than $500; or

(b)   Imprisonment in jail for not more than 180 days; or

(c)   Both such fine and imprisonment not to exceed (a) or (b) above.

(Code 1987; Ord. 1944)