ARTICLE 1. UNIFORM OFFENSE CODE

11-101. INCORPORATING UNIFORM PUBLIC OFFENSE CODE.

There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the city of Tonganoxie, Kansas, that certain code known as the "Uniform Public Offense Code," Edition of 2018, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. No fewer than three copies of said Uniform Public Offense Code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Tonganoxie, Kansas," with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of the ordinance codified in this section, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.

(Ord. 1296; Ord. 1324; Ord. 1385, Sec. 1; Ord. 1417, Sec. 1; Ord. 1468, Sec. 1)

11-102. SAME; SUPPLEMENTS.

Article 9. Offenses Against Public Peace

9.01.010.    Definitions. As used in this article, the following definitions shall apply:

(a)    “Automatic Dialing Device” means a device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or code signal any type of message indicating a need for public response.

(b)    “Burglary Alarm” means an alarm signaling an entry or attempted entry into the area protected by a system.

(c)    “City” means the city of Tonganoxie.

(d)    “False alarm” means the activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner or lessee of an alarm system or of his employees or agents. Such terminology does not include, for example, alarms caused by hurricanes, tornadoes, earthquakes or other violent conditions.

(e)    “Local alarm system” means an alarm system which when activated causes and audible and/or visual signaling device to be activated and is intended to be seen and/or heard by others outside of the protected premises.

9.01.020    Certain Interconnections Prohibited.

(a)    It is unlawful for any person to program an automated dialing device to select “9-1-1” or any city primary trunk line or secondary trunk line.

(b)    Within sixty days after the effective date of the ordinance codified in this title, all existing automatic dialing devices programmed to select “9-1-1,” a city primary trunk line or a secondary trunk line shall be reprogrammed or disconnected.

9.01.030    Additional Regulations, Requirements and Duties.

(a)    Local alarm systems shall be equipped to automatically discontinue emitting an audible sound within ten minutes of activation.

(b)    Alarm users shall notify the policy communications center prior to any service, test, repair, maintenance, adjustment, alteration or installation, and of such completion.

(c)    It is unlawful for any person to activate any burglary, robbery or residential emergency alarm for the purpose of summoning police, except in the event of an actual or attempted robbery, burglary, medical emergency or other emergency requiring police assistance.

(d)    The chief of police shall develop such rules as may be necessary for the implementation and administration of this chapter.

9.01.040    False alarms—Fees Required When.

(a)    At the time of the 9th false alarm within any calendar year, the Chief of Police or his/her designated representative shall notify the user by mail of the alarm and the fee. No fee shall be assessed for the first nine alarms.

(b)    Any alarm user which has recorded ten or more false alarms within a calendar year shall pay an administrative fee to the city in the following amount:

(1)    Tenth alarm in one calendar year, ten dollars;

(2)    Eleventh alarm in one calendar year, ten dollars;

(3)    Twelfth alarm in one calendar year, twenty dollars;

(4)    Thirteenth alarm in one calendar year, twenty dollars;

(5)    Fourteenth alarm and each additional alarm in excess of fourteenth in one calendar year, thirty dollars.

9.14    Obstruction of Ingress and Egress. Definitions, prohibitions and enforcement.

(a)    It shall be unlawful to:

(1)    Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians.

(2)    Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction of interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public street, building, all of which prevents the free and uninterrupted ingress, egress and regress, therein, thereon, and thereto.

(3)    Obstruct the entrance to any business establishment, without so doing for some unlawful purpose, if contrary to the expressed wish of the owner, lessee, managing agent or person in control or charge of the building or premises.

(b)    When any person causes or commits any of the conditions in this section, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse.

Any person who fails or refuses to obey such orders shall be guilty of a Class C violation.

9.15    Window Peeping, Prohibited

(a)    It is unlawful for anyone engage in window peeping, which is the going upon or remaining on property owned or occupied by another to look into any window, door, skylight or other opening of a house, room, apartment or other building belonging to or occupied by another without such person’s consent for the purpose of conducting voyeuristic activity, regardless of whether the person is actually able to see inside the house, room, apartment or other building.

(b)    Violation/Penalty. Any person or entity violating the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1000.00) or by imprisonment of not more than six months or by both such fine and imprisonment.

9.16    Unlawful Discharge of Fireworks.

(a)    Any person who shall discharge or fire off any cartridge, cane, cannon or fireworks of any kind or explode any fireworks of any kind in the streets, sidewalks, alleys, or other public places in the city shall be guilty of unlawful discharge of fireworks, except:

Fireworks may be discharged on private property between the hours of 8:00 a.m. and 11:00 p.m. on June 30th, July 1st, July 2nd, July 3rd and July 4th of each year or as authorized by the governing body.*

Provided nothing in this section shall prohibit the governing body of the City of Tonganoxie from granting permission to responsible persons to give pyrotechnic displays in the city in places to be designated by the governing body or the discharge of fireworks.*

Provided further, that nothing herein shall prevent the discharge of firearms of peace officers in the discharge of official duties, nor the discharge of firearms in any licensed shooting gallery, nor shall this section be construed to apply to firing squads for ceremonials, nor to legitimate gunsmith in pursuit of his trade, within the city.

*    Editor’s note: These paragraphs were amended at the request of the city for consistency with Ordinance 1321, codified in section 7-303.

9.17    Bottle Rockets; Sale or Use Prohibited; Exceptions.

(a)    Except as provided in subsection (c):

(1)    It shall be unlawful to possess, sell, offer to sell, or to possess with intent to sale or offer for sale a bottle rocket; and

(2)    It shall be unlawful to ignite, fire, set-off or otherwise use a bottle rocket.

(b)    Any person violating the provisions of subsection (a) shall be guilty of an unclassified misdemeanor punishable by a fine of not more than $100.

(c)    The provisions of this section shall not prohibit the possession or transportation of bottle rockets by a manufacturer or wholesaler thereof for sale outside this state if such manufacturer or wholesaler is currently registered with the state fire marshal pursuant to K.S.A. 31-156.

(d)    As used in this act, "bottle rocket" means any pyrotechnic device which:

(1)    Is classified as a class C explosive by the United States department of transportation under 49 C.F.R. 173.100 (1977);

(2)    is mounted on a stick or wire; and

(3)    projects into the air when ignited, with or without reports, and includes any device with the same configuration, with or without reports, which may be classified as a pipe or trough rocket. "Bottle rocket" does not include helicopter-type rockets.

9.18    Curfew.

(a)    That a curfew for the City of Tonganoxie, Kansas and the same is attached with the following provisions, to-wit:

(1)    Juvenile Under 16 Years of Age. It shall be unlawful for any juvenile under 16 years of age to be or remain upon any private premises, or any public street, road, highway, sidewalk, alley, vacant lot or any other public place, including but not limited to any motor vehicle, in the City of Tonganoxie, Kansas between the hours of 10:30 p.m. and 6:00 a.m. except at the residence of such juvenile or any other parental authorized residence, unless accompanied by a parent, legal guardian, or other person lawfully entitled to such juvenile’s care, custody or control, or unless such juvenile is engaged in some business or occupation which such person may lawfully engage in making it necessary to be in such place or places after 10:30 p.m.:

Provided, that all such juveniles engaged in such a business or police of the City of Tonganoxie, Kansas, and an affidavit from such person’s employer or supervisor must be presented prior to the issuance of any permit thereunder.

(2)    Juvenile 16 Years of Age or older but under 18 Years of Age. It shall be unlawful for any juvenile over 16 years of age and under the age of 18 years of age to be or remain upon any private premises, or any public street, road, highway, sidewalk, alley, vacant lot or any other public place, including but not limited to any motor vehicle, in the City of Tonganoxie, Kansas between the hours of 12:30 a.m. and 6:00 a.m. except at the residence of such juvenile or any other parental authorized residence, unless accompanied by a parent, legal guardian, or other person lawfully entitled to such juvenile’s care, custody or control, or unless such juvenile is engaged in some business or occupation which such person may lawfully engage in making it necessary to be in such place or places after 12:30 a.m.

Provided, that all such juveniles engaged in such a business or occupation must have a permit issued and signed by the chief of police of the City of Tonganoxie, Kansas, and an affidavit from such juvenile’s employer or supervisor must be presented prior to the issuance of any permit thereunder, or unless the juvenile specified in this section is attending, with the consent of a parent, legal guardian, or other person lawfully entitled to such juvenile’s care, custody and control, an approved school function that would extend beyond the curfew deadline specified in this paragraph.

(b)    It shall be unlawful for a parent, legal guardian, or other person lawfully entitled to the care, custody and control of any juvenile under the age of 16 years of age to knowingly suffer or permit any such juvenile under the age of 16 years, unless that person is accompanied by a parent, legal guardian or other person lawfully entitled to such juvenile’s care, custody or control to be or remain upon any public street, road, highway, sidewalk, alley, vacant lot or any other public place, including but not limited to any motor vehicle, in the City of Tonganoxie, Kansas, between the hours of 10:30 p.m. and 6:00 a.m.

(c)    It shall be unlawful for a parent, legal guardian, or other person lawfully entitled to the care, custody and control of any person over 16 years of age and under the age of 18 years of age to knowingly suffer or permit any such person over 16 years of age and under the age of 18 years, unless that person is accompanied by a parent, legal guardian or other person lawfully entitle to such person’s care, custody, or control, is attending an approved school function that would extend beyond the curfew deadline, to be or remain upon any private premises, except the residence of such person, or remain upon any public street, road, highway, sidewalk, alley, vacant lot, or any other public place, including but not limited to any motor vehicle, in the City of Tonganoxie, Kansas, between the hours of 12:30 p.m. and 6:00 a.m.

Any person violating the provisions of this section shall be guilty of a Class C violation.

Article 11. Offenses Against Public Morals

11.13.000    Controlled Substances Act Incorporated

There is hereby adopted and incorporated by reference the Uniform Controlled Substances Act found in Chapter 21, Article 36a01 of the Kansas Statutes Annotated, and any amendments thereto and are hereby made the laws of the City of Tonganoxie, Kansas and a part of this code as if the same had been set out in full herein.

11.13.010    Possession of controlled substances.

(a)    Except as authorized by the Uniform Controlled Substances Act, K.S.A. 21-36a01, et seq., or any amendments thereto, it is unlawful for any person to manufacture, possess, have under such person’s control, prescribe, administer, deliver, distribute, dispense, compound, sell, offer for sale or have in such person’s possession with intent to sell, any controlled substance.

(b)    "Controlled substance" means any drug, substance or immediate precursor of the following:

(1)    As defined in 21-36a01, any depressant designated in subsection (e) of K.S.A. 65-4105, subsection (e) of K.S.A. 65-4107, subsection (b) or (c) of K.S.A. 65-4109, or subsection (b) of K.S.A. 65-4111, or any amendments     thereto;

(2)    Any stimulant designated in subsection (d) or (f) of K.S.A. 65-4107 or subsection (e) of K.S.A. 65-4109, or any amendments thereto;

(3)    Any hallucinogenic drug designated in subsection (d) of K.S.A. 65-4105, or any amendments thereto;

(4)    Any substance designated in subsections (c), (d), (e) or (f) of K.S.A. 65-4111, or any amendments thereto; or

(5)    Any substance designated in K.S.A. 65-4113, or any amendments thereto.

(c)    Possession of a controlled substance is a Class A violation.

11.13.020    Possession of drug paraphernalia.

(a)    Except as authorized by the Uniform Controlled Substances Act, K.S.A. 21-36a01, et seq., or any amendments thereto, it is unlawful for any person to use or possess, deliver, possess with an intent to deliver, manufacture with intent to deliver, or cause to be delivered, any drug paraphernalia knowing or under circumstances where one reasonably should know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, re-pack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of Section 11.13.010 of the Tonganoxie Municipal Code.

(b)    "Drug Paraphernalia" means all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing in the human body a controlled substance in violation of 11.13.010 of the Tonganoxie Municipal Code, or amendments thereto. "Drug Paraphernalia" shall include, but is not limited to:

(1)    Kits used or intended for use in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived;

(2)    Kits used or intended for use in manufacturing, compounding, converting, production, processing or preparing controlled substances;

(3)    Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance;

(4)    Testing equipment used or intended for use in identifying or analyzing the strength, effectiveness or purity of controlled substances.

(5)    Scales and balances used or intended for use in weighing or measuring controlled substances;

(6)    Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, which are use or intended for use in cutting controlled substances;

(7)    Separation gins and sifters used or intended for use in removing twigs and seeds from or otherwise cleaning or refining marijuana;

(8)    Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances;

(9)    Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled substances.

(10)    Containers and other objects used or intended for use in storing or concealing controlled substances;

(11)    Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled substances into the human body;

(12)    Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

(a)    Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls,

(b)    Water pipes,

(c)    Carburetion tubes and devices,

(d)    Smoking and carburetion masks,

(e)    Roach clips (objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand),

(f)    Miniature cocaine spoons and cocaine vials,

(g)    Chamber pipes,

(h)    Carburetor pipes,

(i)    Electric pipes,

(j)    Air-driven pipes,

(k)    Chillums,

(l)    Bongs, and

(m)    Ice pipes or chillers.

(c)    To determine whether an object is drug paraphernalia, the following factors will be considered:

(1)    Statements by an owner or person in control of the object concerning its use;

(2)    Prior convictions, if any, of an owner or person in control of the object, under any state or federal law relating to any controlled substance;

(3)    The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Substances Act, or Section 11.13.010 of the Tonganoxie Municipal Code, or amendments thereto;

(4)    The proximity of the object to controlled substances;

(5)    The existence of any residue of controlled substance on the object;

(6)    Direct or circumstantial evidence of the intent of an owner or person in control of the object, to deliver it to a person the owner or person in control of the object knows, or should reasonably know, intends to use the object to facilitate a violation of the Uniform Controlled Substances Act, or Section 11.13.010 of the Tonganoxie Municipal Code, or amendments thereto. The innocence of an owner or person in control of the object as to a direct violation of the Uniform Controlled Substances Act, or Section 11.12.010 of the Tonganoxie Municipal Code, or amendments thereto, shall not prevent a finding that the object is intended for use as drug paraphernalia;

(7)    Oral or written instructions provided with the object concerning its use;

(8)    Descriptive materials accompanying the object which explain or depict its use;

(9)    National and local advertising concerning the object’s use;

(10)    The manner in which the object is displayed for sale;

(11)    Whether the owner or person in control of the object is a legitimate supplier of similar or related items to the community, such as distributor or dealer of tobacco products;

(12)    Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;

(13)    The existence and scope of legitimate uses for the object in the community; and

(14)    Expert testimony concerning the object’s use.

(d)    Possession of drug paraphernalia is a Class A violation, the sentence for which shall be a definite term of confinement in the city or county jail, which shall be fixed by the court and shall not exceed one year. In addition to or instead of confinement prescribed herein, a person convicted of violating this section may be sentenced to pay a fine in an amount not exceeding two thousand five hundred dollars.

11.14    Sewer and Utilities.

(a)    Wasting water, gas, etc., is willfully causing the waste of any water, gas, steam or hot air conveyed by or through any pipe without the consent of the person owning or having control of such pipe.

11.15    Water Supply.

(a)    It shall be unlawful for any person to place, leave or permit to remain, or to bury dead animals or fowl within the city limits; or to throw, place or leave filth or cleanings of any privy vault or cesspool, or to erect or maintain any privy vault or cesspool stables, hog pen, barn tent, residence or building of any kind within 50 feet of the normal edge of the waters or the waters of the river.

Violation of this section is a Class C violation.

11.16    Urination and Defecation in Public

(a)    Urination and Defection in Public - Prohibited.

(1)    It is unlawful for any person to urinate or defecate upon any public property, street, highway, or alley, unless the property is specifically set aside or designated for that purpose.

(2)    It is unlawful for any person to urinate or defecate upon any private property in open view of the public.

(b)    Violation - Penalty. A violation of this section constitutes a Class C violation. However, the minimum fine shall be $100.

11.17    Public Nudity

(a)    The Governing Body finds the appearance of persons in a state of nudity in public places which are not provided or set apart for nudity, generally increases incidents of prostitution, sexual assaults and batteries, attracts other criminal activity to our community, and facilitates other activities which break down family structure and values. Without regulation, appearing in a state of nudity in a public place which is not a public place provided or set apart for nudity constitutes harmful conduct. The regulation of public nudity will protect the public health, safety, morals and welfare of the people of our community.

(b)    It shall be a class B public violation for any person to knowingly or intentionally appear in a state of nudity in a public place.

(c)    Definitions. As used in this ordinance:

(1)    "Public Place" means a place to which the general public is admitted or area generally visible to public view, whether for free or upon payment of an admission charge.

(2)    "Nudity" means to show or expose with less than a fully opaque covering, the human male or female genitals, pubic region or pubic hair, or buttock, or female breast or breasts below a point immediately above the top of the areola or nipple.

(d)    Exemptions. The prohibitions in this ordinance shall not apply:

(1)    To any child under ten (10) years of age;

(2)    To the breast feeding of a child;

(3)    When the conduct of being nude cannot constitutionally be prohibited by this ordinance because it constitutes conduct which is protected by the United States or Kansas Constitution.

11.18    Littering

(a)    Littering is intentionally or recklessly depositing or causing to be deposited any object or substance into, upon or about:

(1)    Any public street, highway, alley, road, right-of-way, park or other public place, or any lake, stream, watercourse, or other body of water except by direction of some public officer or employee authorized by law to direct or permit such acts; or any private property with the consent of the owner or occupant of such property.

(b)    Should such object or substance be deposited from a motor vehicle, the driver may be cited for any litter thrown, placed or dropped from the motor vehicle, unless any other person in the motor vehicle admits to or is identified as having committed the act.

(c)    Littering is a Class C violation.

11.19    Failure to appear

(a)    Failure to appear is willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within thirty days following the date of such forfeiture by one who is charged with an offense and has been released on bond for appearance before any court of this city, for trial or other proceeding prior to conviction, or willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within thirty days after conviction of an offense has become final by one who has been released on an appearance bond by any court of this city

(b)    Any person who is released upon their own recognizance, without surety, or who fails to appear in response to a summons or traffic citation, or a notice to appear, shall be deemed a person released on bond for appearance within the meaning of subsection A of this section.

(c)    Failure to appear is a Class A violation.

11.20    Unlawful interference with law enforcement officer

(a)    It is unlawful for any person to interfere with a law enforcement officer by committing any of the following acts:

(1)    Knowingly and intentionally interfering with, molesting, or assaulting, any law enforcement officer engaged in the performance of his or her duties;

(2)    Knowingly and intentionally obstructing, interfering with or impeding the efforts of any law enforcement officer to reach the location of where a public offense has been committed or a public offender is present;

(3)    Knowingly or intentionally giving false information to any law enforcement officer with the intent of:

(a)    Concealing the actual identity, age, date of birth, or address of the person about whom the law enforcement officer seeks the information, or

(b)    Concealing the facts of a public offense, and with the intent that a law enforcement officer shall act in reliance upon such information.

(b)    Every person convicted of violating this section shall be imprisoned for not more than one year or fined not to exceed two thousand five hundred dollars for both such fine and imprisonment.

11.21    Unlawful wearing of uniform, badge or insignia of law enforcement officer.

(a)    It is unlawful for any person to wear any uniform, badge or insignia which resembles a law enforcement officer’s uniform, badge or insignia with the intent to falsely give the impression that said person is in any way connected with federal, state or any political subdivision of government. It is unlawful for any person to make a statement with the intent to falsely give the impression that said person is in any way connected with federal, state or any political subdivision of government.

(b)    A violation of this section shall be punishable as a Class A violation.

11.22    Any violation of any section not specifically defined shall be considered a Class C violation.

Article 14. Malt Beverage Offenses Concerning Alcoholic Liquor and Cereal

14.1    Definitions.

(a)    As used in this article, the word and phrases defined in this section shall have the following meaning, unless the context otherwise requires.

(1)    Alcoholic Liquor as used in this article includes the four varieties of liquor as defined in this section, namely alcohol, 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 3.2 percent alcohol by weight.

(2)    Cereal Malt Beverage includes any fermented but undistilled liquor brewed or made from malt or a mixture of malt and/or malt substitute, but does not include any such liquor which contains more than 3.2 percent alcohol by weight.

14.2.    Cereal Malt Beverage in Public Places; Unlawful Acts.

(a)    It is unlawful for any person to sell, serve, dispense or consume any cereal malt beverage in or upon any street, avenue, alley or sidewalk, public way, public or private parking lot, or upon provided that it is unlawful for any person to have in his or her possession in such place, any open cereal malt container; provided further that the governing body may authorize the sale and consumption of cereal malt beverage on public property pursuant to a valid application being submitted to said body and when said body determines that such activity would not be detrimental to the health, safety, and morals of the community.

Violation of this section is a Class C violation.

14.3    Placement of Buildings for Consumption.

(a)    No building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or alter, for the use of selling, giving away, furnishing, disposing of, procuring, exchanging or delivering of any cereal malt or alcoholic liquor for consumption in such building or structure, or for consumption upon such land or premises, if such consumption is within 200 feet from the nearest property line of any existing hospital, school, church, or library.

(b)    Except, nothing herein shall prohibit use of a building, structure, land, or premises located within 200 feet from the nearest property line of any existing hospital, school, church, or library for a drinking establishment licensed by the State of Kansas which derives from sales of food for consumption on the licensed premises not less than 30% of all the establishment’s gross receipts from sales of food and beverages as defined by K.S.A. 41-2601 et seq. on such premises.

Violation of this section is a Class C violation.

14.4    Furnishing to Persons from Buildings Within 200 of a Hospital, School, Church, or Library.

(a)    No person shall knowingly or unknowingly sell, give away, furnish, dispose of, procure, exchange or deliver, or permit the selling, giving away, furnishing, disposing of, procuring, exchanging or delivering of any cereal malt beverage or alcoholic liquor, in any eating and drinking establishment building, structure or for consumption upon such land or premises if such consumption is within 200 feet from the nearest property line of any existing hospital, school, church or library.

(b)    Except, nothing herein shall prohibit a person otherwise qualified to do so from selling, furnishing, disposing of, procuring or delivering cereal malt beverage or alcoholic liquor as part of the operation of a drinking establishment licensed by the State of Kansas which derives from sales of food for consumption on the licensed premises not less than 30% of all the establishment’s gross receipts from sales of food and beverages as defined by K.S.A. 41-2601 et seq. for consumption on such premises within 200 feet from the nearest property line of any existing hospital, school, church or library.

Violation of this section is a Class C violation.

14.5    Private Property.

(a)    Nothing in this section shall be deemed to prevent, regulate or control the consumption of cereal malt and alcoholic liquor upon private property by those occupying such private property as the owner, or as a lessee of an owner and by the guests of the owner or lessee, provided that no charge is made by the owner or lessee for the serving or mixing of any drink or drinks of cereal malt or alcoholic beverages or for any substance co-mixed with such beverages.

14.6    Alcoholic Beverage in Public Places; Unlawful Acts.

(a)    It is unlawful for any person to sell, serve, dispense or consume any alcoholic liquor in or upon any street, avenue, alley or sidewalk, public way, public or private parking lot, or upon private property provided that it is unlawful for any person to have in his possession in such place, any open alcoholic liquor container; provided further that the governing body may authorize the sale and consumption of alcoholic liquor on public property pursuant to a valid application being submitted to said body and when said body determines that such activity would not be detrimental to the health, safety, and morals of the community.

Violation of this section is a Class C violation.

14.7    Employment by Licensed Businesses of Minors Prohibited.

(a)    No person under the age of 21 years of age shall be employed to dispense cereal malt beverages except: an employee who is not less than 18 years of age may dispense or sell cereal malt beverage if:

1)    The place of business is licensed only to sell cereal malt beverage at retail in original and unopened containers and not for consumption on the premises of; or

2)    The place of business is a licensed food service establishment, as defined by K.S.A. 36-501 and amendments thereto, and not less than 50% of gross receipts from the place of business are derived from the sale of food for consumption on the premises of the place of business.

(Ord. 1296)