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(a) On Public Roads or Unenclosed Private Property Accessible to Public – Exception. No person shall drink or possess an open container of alcoholic liquor or cereal malt beverage on public streets, alleys, roads, highways or unenclosed private property that is accessible to the general public, including but not limited to parking lots, within the City or inside vehicles while on such places within the City.

(b) Except for consumption of alcoholic liquor or cereal malt beverages inside vehicles, subsection (a) of this section shall not apply to:

(1) Possession or consumption of alcoholic liquor or cereal malt beverage on public streets, alleys, roads, sidewalks, or highways provided the Governing Body has approved a special event pursuant to K.S.A. 41-719 and 41-2645 and amendments thereto and/or issued a special event retailers’ permit pursuant to K.S.A. 41-2703 and amendments thereto;

(2) A catered event when the caterer’s licensee has complied with the requirements of K.S.A. 41-2643 and amendments thereto;

(3) Possession or consumption of alcoholic liquor or cereal malt beverage within a common consumption area established by K.S.A. 41-2659 and amendments thereto.

(c) Private Property – Exceptions. No person shall drink or consume, or possess an open container of, alcoholic liquor or cereal malt beverage on private property, except:

(1) On premises where the sale of liquor by the individual drink is authorized by the State Club and Drinking Establishment Act;

(2) Upon private property by a person occupying such property as an owner or lessee of an owner and by the guests of such person, if no charge is made for the serving or mixing of any drinks containing alcoholic liquor nor for any substance mixed with any alcoholic liquor, and if no sale of alcoholic liquor takes place in violation of K.S.A. 41-803 and amendments thereto;

(3) In a lodging room of any hotel, motel or boardinghouse by the person occupying such room and by the guests of such person, if no charge is made for the serving or mixing of drinks containing alcoholic liquor nor for any substance mixed with any alcoholic liquor, and if no sale of alcoholic liquor takes place in violation of K.S.A. 41-803 and amendments thereto;

(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 takes place in violation of K.S.A. 41-803 and amendments thereto;

(5) On the premises of a manufacturer, microbrewery, microdistillery or farm winery, if authorized by the Kansas Liquor Control Act (K.S.A. 41-101 et seq.);

(6) On the premises of an unlicensed business for the patrons or guests of such business; provided, that the requirements of K.S.A. 41-719 and amendments thereto are met;

(7) Within a common consumption area established pursuant to K.S.A. 41-2659 and amendments thereto;

(8) Complimentary alcoholic liquor or cereal malt beverages at fund raising activities of charitable organizations pursuant to K.S.A. 41-104 and amendments thereto; or

(9) Complimentary alcoholic liquor or cereal malt beverage served on the unlicensed premises of a business by the business owner or agent at an event sponsored by a nonprofit organization promoting the arts and which has been approved by the Governing Body.

(d) In a Private Room of a Place of Business – Exception. No person shall consume cereal malt beverages in any private room or closed booth in a place of business operating pursuant to K.S.A. Chapter 41, Article 27 (K.S.A. 41-2701 et seq.) unless the licensed premises are also currently licensed as a club pursuant to K.S.A. Chapter 41, Article 26 (K.S.A. 41-2601 et seq.).

(e) On Public or Municipal Property – Exceptions. No person shall drink or consume, or possess an open container of, alcoholic liquor or cereal malt beverage on public or municipal property, except:

(1) Those premises owned by the City and under the control of the Airport Authority which have been properly leased to private persons, and properly licensed under applicable State and local laws for the sale and dispensing of alcoholic liquor and cereal malt beverages;

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

(3) Any State-owned or State-operated building or structure and upon the surrounding premises which are furnished to and occupied by any State officer or employee as a residence;

(4) Cereal malt beverages or alcoholic liquor at the Performing Arts Center of Topeka, Topeka Zoological Park, and Helen Hocker Performing Arts Center;

(5) Specified property, the title of which is vested in the City, as authorized by K.S.A. 41-719 and amendments thereto;

(6) On the premises of any Kansas National Guard regional training center or armory and any building on such premises, as authorized by the regulations of the Adjutant General and approval by the Kansas Military Board;

(7) On the premises of a sidewalk cafe provided both a sidewalk cafe permit and a sidewalk fence permit have been issued pursuant to Article II of Chapter 12.10 TMC;

(8) On the premises of any land or waters owned or managed by the Kansas Department of Wildlife, Parks and Tourism unless prohibited by regulations adopted by the Secretary of the Kansas Department of Wildlife, Parks and Tourism;

(9) In the Kansas State History Museum and the surrounding premises, including buildings on the premises, as authorized by the regulations of the Kansas State Historical Society;

(10) On the premises of any State-owned historic site under the jurisdiction and supervision of the State Historical Society and on the surrounding premises, including buildings on the premises, as authorized by the rules and regulations of the Kansas State Historical Society; or

(11) On premises of a common consumption area established pursuant to K.S.A. 41-2659 and amendments thereto. (Ord. 20175 § 19, 3-12-19.)

Cross References:Metropolitan Topeka Airport Authority, TMC 2.205.070; City Council – Mayor, Chapter 2.15 TMC; parks and recreation, TMC Title 11; streets, sidewalks and other public places, TMC Title 12.

State Law References:Consumption of alcoholic liquor in public places, K.S.A. 41-719; transportation of liquor in open containers, K.S.A. 8-1599.