In accordance with K.S.A. 41-2659, and amendments thereto, the governing body hereby establishes the De Soto downtown as a common consumption area (“De Soto Downtown CCA”) consisting of certain indoor and outdoor areas located within downtown De Soto as designated on the map attached hereto as Exhibit A and incorporated herein by reference, excluding any and all areas which are currently or otherwise become subject to a license issued pursuant to the Kansas Liquor Control Act or the Club and Drinking Establishment Act. The boundaries of the De Soto Downtown CCA shall be clearly marked using a physical barrier or any apparent line of demarcation.
(Ord. 2624)
(a) The possession and consumption of cereal malt beverages and alcoholic liquor in the De Soto Downtown CCA is permitted, provided, however, that a common consumption area permit (“Permit”) for the De Soto Downtown CCA has been issued to the city by the State of Kansas, Director of the Division of Alcoholic Beverage Control in accordance with K.S.A. 41 -2659, and amendments thereto.
(b) The possession and consumption of cereal malt beverages and alcoholic liquor within the De Soto Downtown CCA is only permitted between the hours of 9:00 a.m. and 12:00 a.m. Sunday through Saturday.
(c) All alcoholic liquor removed from a licensed premise authorized to participate in the De Soto Downtown CCA 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) The possession or consumption of alcoholic liquor purchased outside of the De Soto Downtown CCA shall not be permitted inside the boundaries of the De Soto Downtown CCA without prior written approval of the city administrator or designee.
(e) No open container of cereal malt beverages or alcoholic liquor, purchased within the De Soto Downtown CCA, shall be removed from the boundaries of the De Soto Downtown CCA.
(f) Inappropriate conduct shall not be permitted within the boundaries of the De Soto Downtown CCA and any person engaging in such inappropriate conduct shall be subject to removal from the De Soto Downtown CCA. Inappropriate conduct may include but is not limited to fighting, use of profanity or indecent language, harassment, destruction of property, lewd or lascivious acts, or committing any violation of law or City Code.
(Ord. 2624)
All licensees approved by the Kansas Alcohol Beverage Control to participate in the De Soto Downtown CCA shall at all times comply with any and all federal, state and City laws or regulations pertaining to the purchase and sale of cereal malt beverages and alcoholic liquor.
(Ord. 2624)
(a) The governing body hereby authorizes the city administrator or designee to take all reasonably necessary actions, including but not limited to, the execution of all documents and instruments, to obtain a Permit for the De Soto Downtown CCA on behalf of the city.
(b) Subject to receipt of the Permit as described in subsection (a) above, the governing body hereby authorizes the city administrator or designee to establish rules and regulations (in addition to what is set out in this Article 8) pertaining to the use of the De Soto Downtown CCA and activities therein, to include the closure of public streets or roadways within the De Soto Downtown CCA for special events. A copy of the rules and regulations shall be available at the office of the city clerk during regular business hours and on the website maintained by the city.
(c) Any violation of such rules and regulations, any official city signage, state law or regulations, or the oral direction of any city employee or authorized volunteer shall be grounds for expulsion from the De Soto Downtown CCA and criminal sanctions or any other remedy available under local, state or federal laws.
(Ord. 2624)