City of Kanopolis Beverages Ordinance

(First Published in the Ellsworth County Independent/
Reporter, March 28, 2019)

ORDINANCE NO. 2019-O-01

BEING AN ORDINANCE ADDING TO AND AMENDING CHAPTER III, BEVERAGES, OF THE CODE OF THE CITY
OF KANOPOLIS PROVIDING FOR PUBLIC SALE
AND CONSUMPTION IN LIMITED SITUATIONS
AND PROVIDING FOR A SPECIAL EVENT TEMPORARY PERMIT IN THE CITY OF KANOPOLIS, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF KANOPOLIS, KANSAS:
Section 1. That the Code of the City of Kanopolis Section 3-102 is hereby amended to read as follows:
CONSUMPTION AND POSSESSION.  It is unlawful for any person to possess, except in the original and unopened container, or to consume any cereal malt beverage or alcoholic beverage in or on any city owned property or public location, including streets, alleys, parks and alleys or such other locations open to public use or access.
The city council is authorized to grant exceptions to such prohibition upon the application of a person or organization for a special event. The application must be in writing specifying the time, place and nature of the special event and provide proof of liability insurance covering the consumption of cereal malt beverages and/or alcoholic beverages on public property with the person or organization and the City named as insured parties. The council may place reasonable restrictions on such possession and consumption in terms of location and duration of the event and measures to ensure compliance with other applicable ordinances.  
It is lawful to drink or consume cereal malt beverages and alcoholic beverages within the confines of the Kanopolis Community Center at such times and in such places as approved by the rules and regulations adopted for the operation of the Kanopolis Community Center.  The consumption at the Kanopolis Fire Station shall be subject to the regulations of their standard operating procedures.
Section 2. That a new Section 3-103 shall be added to the Code of the City of Kanopolis as follows:
SPECIAL EVENT TEMPORARY PERMIT.  
A.  It is unlawful for any person to conduct an event under a state-issued temporary permit without first applying for a local special event temporary permit at least ten days before the event. Written application for the local special event temporary permit shall be made 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. Proof of liability insurance covering the consumption of cereal malt beverages and/or alcoholic beverages on public property with the person or organization and the City named as insured parties;
6. Any anticipated need for police, fire or other municipal services.
B. Upon approval from the governing body as provided for herein, presentation of a state temporary permit, payment of the city's special event temporary permit fee of $75.00 per year and a written application as provided for in subsection A of this section, the city clerk shall issue a local special event temporary permit to the applicant if there are no conflicts with any zoning or other ordinances of the city.
C. 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.
Section 3. All ordinances and parts of ordinances conflicting with the provisions of this ordinance are hereby expressly repealed.
Section 4. This ordinance shall take effect and be in force from and after its publication once in the Ellsworth County Independent Reporter.  
ADOPTED AND APPROVED by the Governing Body, this 12th day of February, 2019.

CITY OF KANOPOLIS
Edward A. Hopkins, Mayor

(SEAL)    

ATTEST:

Debra S. Stroede-Kralik, City Clerk

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