Alcoholic beverage or alcoholic liquor as used in this article includes the varieties of liquor as defined in K.S.A. 41-102, namely alcohol, alcoholic liquor, spirits, wine and beer and every liquid or solid, patented or not, containing alcohol, alcoholic liquor, spirits, wine or beer, and capable of being consumed as a beverage by a human being, but does not include any beer or cereal malt beverage containing not more than three and two-tenths percent of alcohol by weight.

(K.S.A. 41-102; K.S.A. 41-208; Code 1983)

(a)   It shall be unlawful for any person to keep for sale, offer for sale, or expose for sale or sell any alcoholic liquor as defined by the “Kansas liquor control act” without first having obtained a state license to do so as required by the act to sell the same. Any person violating the provisions of this section shall upon conviction be punished by a fine not to exceed $100 or by imprisonment not to exceed three months, or by both such fine and imprisonment.

(b)   The holder of a license for the retail sale in the city of alcoholic liquors by the package issued by the state director of alcoholic beverage control shall present such license to the city clerk when applying to pay the occupation tax levied in section 3-209 and the tax shall be received and a receipt shall be issued for the period covered by the state license.

(Ord. 909, Sec. 1)

Every licensee under this article shall cause the city alcoholic liquor retailer’s occupation tax receipt to be prominently displayed next to or below the state license in a conspicuous place on the licensed premises. Any person violating this section, upon conviction, shall be fined not more than $100.

(Code 1983)

(a)   No person shall sell at retail any alcoholic liquor in the city on the following days and

hours:

(1)   On Sunday, before 9:00 a.m. or after 8:00 p.m.;

(2)   On Easter Sunday, Thanksgiving Day, or Christmas Day; or

(3)   On any day, Monday through Saturday, before 9:00 a.m. or after 11 :00 p.m.

(b)   Any person who shall violate the provisions of this section shall upon conviction of any such violation be subject to a fine not to exceed $500 or by imprisonment not to exceed six months or by both fine and imprisonment.

(K.S.A. 41-712; Ord. 1523; Ord. 1892; Ord. 2012; Ord. 2137; Code 2016; Ord. 2296)

Any person, co-partnership or association having a state license to retail alcoholic liquor by the package who shall violate any provisions of sections 3-202:204 shall, upon conviction, be fined as stated in the section. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continued; provided, that nothing herein shall be construed to prohibit the city from collecting the occupation tax by any procedure authorized by law.

(Code 1983)

(a)   It shall be unlawful for any person under the age of 21 to represent that he or she is of age for the purpose of purchasing or attempting to purchase any alcoholic liquor. No person under the age of 21 shall have any alcoholic liquor in his or her possession.

(b)   No person shall knowingly sell, give away, 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)   Any person convicted of violating this section shall be punished by a fine of not more than $100 or by imprisonment for not to exceed 30 days, or both.

(K.S.A. 41-710; Code 1983)

(a)   It shall be unlawful for any person to possess an open container or to consume alcohol upon any sidewalk, public street, alley public building, or any other public place within the City of Beloit, with the exception of a special event permit limited to consumption on the specified premises authorized herein by the governing body.

(b)   Said special event permit for the consumption of alcohol may be issued only under the following conditions:

(1)   If outdoors, the special event premises shall be continuous and shall have its boundaries clearly marked on the special event permit application and at the event so as to prohibit the public from entering except through some form of opening approved by a designated city official.

(2)   If the outdoor special event area is designated as Chautauqua Park, the boundaries of said event shall be the area considered “Chautauqua Park” west of Hersey Avenue and the Chautauqua disc golf course, but excluding the Beloit City Pool. Special event permit applications for public consumption at the Beloit City Pool will not be accepted or approved.

(3)   If indoors, the special event area shall not exceed one public building.

(4)   The Chief of Police may establish such rules and regulations as he deems necessary in order to assure that no unlawful consumption of alcohol shall occur on the licensed premises.

(5)   The premises for which the license is to be issued shall have restroom facilities in close proximity of the premises.

(6)   The duration of the special event permit shall not exceed two (2) days.

(7)   The Governing Body may issue no more than four (4) special event licenses during any calendar year to one applicant.

(8)   The fee for a special event permit shall be set by resolution.

(c)   Any person or organization selling alcohol in a public area shall be properly licensed by the State by obtaining a temporary special event alcohol license.

(K.S.A. 41-719; Code 1983; Ord. 2244)

(a)   There shall be levied a biennial occupation tax on each licensed retailer of alcoholic liquor, for consumption off the premises, in the amount of $400. The tax shall be paid before business is begun under an original state license and within two days after any renewal of a state license.

(b)   A holder of a state-issued license for the retail sale of alcoholic liquors shall present such license when applying to pay the occupation tax levied in subsection (a) and the tax shall be received and a receipt issued for the period covered by the state license by the city clerk.

(c)   Every licensee shall cause the city alcoholic liquor retailer’s occupation tax receipt to be placed in plain view next to or below the state license and in a conspicuous place on the licensed premises.

(d)   Any person, co-partnership or association having a state license to retail alcoholic liquor by the package who shall fail to pay the occupation tax herein levied and within the time prescribed or who shall violate any other provisions of this section shall upon conviction be fined not more than $100 for each day’s violation. Nothing herein shall be construed to prohibit the city from collecting the occupation tax by any procedure authorized by law.

(K.S.A. 41-310(l)(1); Ord. 1209, Secs. 1:4; Code 2016)