Pursuant to K.S.A. 41-2659, as amended, the city hereby establishes a Common Consumption Area authorizing purchase, possession and consumption of alcoholic liquor or cereal malt beverage within the following area:

A tract of land within the City limits of Wakefield, Clay County, Kansas, shown generally on Exhibit A (attached to Ordinance No. 1352), and more particularly described as follows:

       Beginning at the northeast corner of ORIG TOWNSITE WAKEFIELD, LOT 10 & E 10 LOT 11 BLK 54 SECTION 05 TOWNSHIP 10 RANGE 04E. (206 3rd St.”Avery” building), thence east to Birch Street on west side, thence south to 2nd Street on north side, thence west to Dogwood Street, thence north to northeast intersection of Dogwood at 3rd Street, thence east to southwest corner of 206 3rd St.

The purchase, possession and consumption of alcoholic liquor or cereal malt beverage within the Common Consumption Area shall only be allowed between the hours of 4:00 p.m. and 10:00 p.m., Sunday through Thursday, and between the hours of 10:00 a.m. and 12:00 a.m. Friday and Saturday.

(Ord. 1352)

(a)   The City shall immediately notify the Director of the Division of Alcoholic Beverage Control (“Director”) of the establishment of the Common Consumption Area by submitting a copy Ordinance 1352 along with notice.

(b)   An application for a Common Consumption Area Permit shall be subject to the following:

(1)   The City, a person, who is a Kansas resident, or an organization that has its principal place of business in Kansas, may apply to obtain a Common Consumption Permit from the Director subject to approval by the City and in accordance with rules and regulations adopted by the Secretary of the Department of Revenue.

(2)   A copy of Ordinance No. 1352 shall accompany any application for a Common Consumption Area Permit.

(3)   These temporary permits may not be issued for longer than the duration of the event or longer than 30 days, subject to approval by the Director.

(4)   No more than four temporary permits shall be issued to any organization or individual in a calendar year.

(5)   Each application shall be accompanied by a non-refundable permit fee of $100.00 remitted to the Kansas State Treasurer.

(6)   The Common Consumption Area Permit shall not be transferable or assignable.

(7)   Each temporary permit holder shall not employ or use the services of any person:

(A)  Who is under 18 years of age to serve alcoholic liquor;

(B)  who is under 21 years of age to mix or dispense drinks containing alcoholic liquor;

(C)  who is under 21 years of age and not supervised by the temporary permit holder or an employee who is at least 21 years of age;

(D)  who has been convicted of a felony or of any crime involving a morals charge to dispense, mix or serve alcoholic liquor; or

(E)   who has been convicted within the previous two years of a violation of any intoxicating liquor law of this state, any other state or the United States, to dispense, mix or serve alcoholic liquor.

(c)   Any licensee who has requested and received permission to participate in the common consumption area may allow its legal patrons to remove alcoholic liquor or cereal malt beverage purchased from the licensee into the premises described by the common consumption area permit. All alcoholic liquor and cereal malt beverage removed from a licensed premises in such fashion shall be served in a container that displays the licensee's trade name or logo or other identifying mark that is unique to the licensee.

(d)   Any licensee immediately adjacent to or located within the Common Consumption Area may request that the licensee's licensed premises participate in the Common Consumption Area for the duration of the Common Consumption area permit. Such a request shall be made upon forms prescribed by the Director.

(e)   No alcoholic beverage or cereal malt beverage removed from a licensed premises shall be in a glass container or any container that otherwise represents a potential danger to the public as determined by law enforcement officials.

(f)   In addition to their licensed premises, any licensee who has requested and received permission to participate in the Common Consumption Area may offer for sale, sell and serve alcoholic liquor or cereal malt beverage for consumption from one non-contiguous service area within the Common Consumption Area, as designated and approved by the Common Consumption Area Permit holder. The licensee shall prominently display a copy of its drinking establishment license and the approval of the Common Consumption Area Permit holder at its non-contiguous service area.

(Ord. 1352)

No open container of alcoholic liquor or cereal malt beverage purchased within the Common Consumption Area shall be removed from the boundaries of the Common Consumption Area, and appropriate and conspicuous signage shall be established provided notice of the boundaries of the Common Consumption Area. In addition to the above, and notwithstanding anything to the contrary, in no event shall alcoholic liquor or cereal malt beverages be permitted:

(a)   in parking lots;

(b)   in any business which prohibits alcoholic liquor or cereal malt beverages originating from other establishments; and

(c)   on city streets, except in city-established crosswalks, and except during events approved by the governing body subject to conditions set forth by the governing body.

(Ord. 1352)

All licensees approved by the Director to participate in the Common Consumption Area shall at all times comply with any and all federal and state law and City ordinances governing and/ or regulating the purchase, sale, and consumption of alcoholic liquor and cereal malt beverage.

(Ord. 1352)