Caterer's License - Sell or Serve Alcohol
The Fairway Municipal Code requires caterers to obtain a caterer's license to sell or serve any liquor by the drink at public or private events held within the City.
To obtain a City caterer's license, submit the completed City application with a valid State of Kansas Caterer's License attached, to the City Clerk.
Fairway Caterer's License Application
Annual License Fee: $150.00
Below are sections of the Fairway Municipal Code Chapter 3 Alcoholic Liquor that apply to Caterers.
To view the Chapter 3 in its entirety.
Sec. 3-1. Definitions.
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Alcoholic liquor means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.
Caterer means an individual, partnership or corporation which sells alcoholic liquor by the individual drink, and provides services related to the serving thereof, on unlicensed premises which may be open to the public, but does not include a holder of a temporary permit selling alcoholic liquor in accordance with the terms of such permit.
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Sec. 3-2. Restriction on location.
Restriction on location as used in this chapter shall be as follows:
(1) No alcoholic liquor shall be sold or served by a person holding a license or permit from the City whose place of business or other premises are located within five hundred feet (500') of any church, public school or public park (said distance to be measured from the nearest property line of such church, public school or public park), to the nearest property line of such business or other premises.
(2) The distance location of Subsection (1) of this section shall not apply to a club, drinking establishment, caterer or temporary permit holder when the license or permit applicant petitions for and receives a waiver of the distance limitation from the City Council. The City Council shall grant such a waiver only following public notice and hearing and a finding by the City Council that the proximity of the establishment is not adverse to the public welfare or safety.
(3) No license or permit shall be issued for the sale of alcoholic liquor if the building or use does not meet the zoning ordinance requirements of the City or conflicts with other City laws, including building and health codes.
(Prior Code, § 3-102; Ord. No. 860)
State law reference(s)—Location restrictions, K.S.A. 31-710.
Sec. 3-3. Minors on premises.
Regulations relating to minors on premises are as follows:
(1) It shall be unlawful for any person under the age of twenty-one (21) years to remain on any premises where the sale of alcoholic liquor is licensed for on-premises consumption, or where a caterer or temporary permit holder is serving alcoholic liquor.
(2) It shall be unlawful for the operator, person in charge or licensee of any premises licensed for on-premises consumption of alcoholic liquor or a caterer or temporary permit holder who is serving alcoholic liquor to permit any person under the age of twenty-one (21) years to remain on the premises.
(3) This section shall not apply if the person under the age of twenty-one (21) years is accompanied by his parent or guardian, or if the licensed or permitted premises derives not more than fifty percent (50%) of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption.
(Prior Code, § 3-103; Ord. No. 860)
State law reference(s)—Sales of alcohol to minors, K.S.A. 21-5607; allowing consumption of possession of alcohol by minors, K.S.A. 41-2615.
Sec. 3-4. Consumption on public property.
(a) Prohibited. It is unlawful for any person to sell, serve, dispense or consume any alcoholic liquor or cereal malt beverage in or upon any street, avenue, alley, sidewalk, parkway, right-of-way, parking lot or other such similar public place open to use by the public or where the public may congregate, whether owned publicly or privately, or within any vehicle in or upon such place, except to the extent that curbside to-go sales shall be permitted under Kansas law or applicable State policy; provided, however, that nothing in this Subsection (a) shall be construed as modifying or exempting any person from the provisions of the standard traffic ordinance, as adopted by the City, regarding the transportation of alcoholic liquor or cereal malt beverages.
(b) Exceptions.
(1) This section shall not apply to the following:
- Peterson Park, including but not limited to the large shelter, multi-purpose rooms and the Shawnee Indian Mission State Historic Site, when managed by the City, which are located in the City, provided that the sale, serving, dispensing and consumption is in accordance with terms and conditions outlined in the temporary alcohol beverage permit application, and further provided the Director of Parks and Recreation or his designee does not conclude the activity would be contrary to the public health, safety or welfare.
- City-sponsored or other City approved events, provided that the sale, serving, dispensing and consumption are in accordance with written standards designed for each specific event approved by the Parks and Recreation Director or his designee.
(2) Any other exceptions to the prohibitions of this section must be presented to the Parks and Recreation Director or his designee and approved by the City Council.
(Prior Code, § 3-104; Ord. No. 860; Ord. No. 1558, § 1, 9-9-2013; Ord. No. 1629, § 1, 9-12-2016; Ord. No. 1747, § 1, 8-9-2021)
State law reference(s)—Consumption of alcoholic liquor in public, K.S.A. 41-719.
Sec. 3-5. Penalty.
(a) Any person violating any provisions of this chapter shall, upon conviction thereof, be punished by:
(1) A fine of not more than four hundred ninety-nine dollars ($499.00);
(2) Imprisonment of not more than one hundred seventy-nine (179) days;
(3) Both such fine and imprisonment.
(b) Additionally, if a licensee or permit holder has violated any of the provisions of this article, the City Council, upon five (5) days' written notice to the person holding such license or permit to sell cereal malt beverage or alcoholic liquor, may permanently revoke or cause to be suspended, for a period of not more than thirty (30) days, such license or permit.
(Prior Code, § 3-107; Ord. No. 967)
[1]State law reference(s)—Intoxicating liquor and beverages, K.S.A. ch. 41.
ARTICLE IV. CATERERS
Sec. 3-83. License required.
It shall be unlawful for any person licensed by the state as a caterer to sell alcoholic liquor by the drink, to sell or serve any liquor by the drink within the City without obtaining a local caterer's license from the City Clerk.
(Prior Code, § 3-401; Ord. No. 860)
State law reference(s)—Caterer's license, K.S.A. 41-2643.
Sec. 3-84. License fees.
Provisions relating to license fees as used in this article are as follows:
(1) There is hereby levied an annual license fee in the amount as established by ordinance on each caterer doing business in the City who has a caterer's license issued by the State Director of Alcoholic Beverage Control, which fee shall be paid before business is begun under an original State license and within five (5) days after any renewal of a State license.
(2) All applications for new or renewal City licenses shall be submitted to the City Clerk. Upon presentation of a State license, payment of the City license fee and the license application, the City Clerk shall issue a City license for the period covered by the State license, if there are no conflicts with any zoning or alcoholic beverage ordinances of the City.
(3) The license period shall extend for the period covered by the State license. No license fee shall be refunded for any reason.
(4) Every licensee shall cause the caterer license to be placed in plain view on any premises within the City where the caterer is serving or mixing alcoholic liquor for consumption on the premises.
(Prior Code, § 3-402; Ord. No. 860)
State law reference(s)—License fees, K.S.A. 41-2622.
Sec. 3-85. Business regulations.
Provisions relating to business regulations as used in this article are as follows: a caterer licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor between the hours of 6:00 a.m. to the following 2:00 a.m. on any day.
(Prior Code, § 3-403; Ord. No. 860)
Sec. 3-86. Notice to Chief of Police.
Prior to any event at which a caterer will sell or serve alcoholic liquor by the individual drink, the caterer shall provide written notice to the Chief of Police at least ten (10) days prior to the event if the event will take place within the City. The notice shall contain the exact location, name of the group sponsoring the event, and the exact date and times the caterer will be serving.
(Prior Code, § 3-404; Ord. No. 860)
Sec. 3-87. Penalty.
If the permit holder has violated any of the provisions of this article, the City Council may revoke such temporary permit, and the individual holding the permit may be charged in Municipal Court with a violation of the alcoholic liquor or cereal malt beverage laws of the City and upon conviction shall be punished by:
(1) A fine of not more than four hundred ninety-nine dollars ($499.00);
(2) Imprisonment in jail for not more than one hundred seventy-nine (179) days; or
(3) Both such fine and imprisonment not to exceed Subsections (1) and (2) of this section.
(Prior Code, § 3-505; Ord. No. 860)
[1]State law reference(s)—Sales by the drink, K.S.A. 41-2601 et seq.; caterers, K.S.A. 41-2643, 41-2644.