As Amended by House Committee
Session of 2023
HOUSE BILL No. 2059
By Committee on Federal and State Affairs
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AN ACT concerning alcoholic beverages; amending the common
consumption area law to permit rather than require roads be blocked
and allowing designation of such areas by signage; amending K.S.A.
41-2659 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 41-2659 is hereby amended to read as follows: 41-
2659. (a) (1) A city or a county may establish one or more common
consumption areas within the limits of the city or within the
unincorporated portion of the county, as applicable, by ordinance or
resolution, respectively, and authorize the possession and consumption of
alcoholic liquor or cereal malt beverage within the common consumption
area. The ordinance or resolution shall designate the boundaries of any
common consumption area and prescribe the times during which alcoholic
liquor or cereal malt beverage may be consumed therein. The ordinance or
resolution shall may require that any public street or roadway that lies
within a common consumption area shall be blocked from motorized
traffic during the hours in which alcoholic liquor or cereal malt beverage is
consumed.
(2) The city or county shall immediately notify the director of the
division of alcoholic beverage control of the establishment of a common
consumption area and submit a copy of the ordinance or resolution along
with such notice.
(b) A common consumption area permit shall allow the consumption
of alcoholic liquor or cereal malt beverage in any area designated by such
permit. The director may issue common consumption area permits to the
city or county or any one person who shall be a resident of Kansas or an
organization that has its principal place of business in Kansas and that has
been approved by the respective city or county, in accordance with rules
and regulations adopted by the secretary of revenue.
(c) Applications for common consumption area permits shall be
submitted to the director, subject to the following:
(1) A copy of any ordinance or resolution promulgated in accordance
with subsection (a) shall accompany any application for a common
consumption area permit.
(2) Each application shall be accompanied by a non-refundable
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permit fee of $100. All permit fees collected by the director pursuant to
this section shall be remitted to the state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit the entire amount in
the state treasury to the credit of the state general fund.
(3) A common consumption area permit shall be issued for a period
of not to exceed one year. A common consumption area permit shall not be
transferable or assignable.
(d) Any licensee immediately adjacent to, or located within a
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) (1) 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.
(2) In addition to their licensed premises, one or more licensees that
have requested and received permission to participate in a 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.
(f) (1) Each licensee within a common consumption area shall be
liable for violations of all liquor laws governing the sale and consumption
of alcoholic liquor or cereal malt beverage that occur on the licensee's
premises.
(2) Each common consumption area permit holder shall be liable for
violations that occur off the licensee's premises, but within the common
consumption area identified in the permit. No permit holder shall permit
any person to remove any open container of alcoholic liquor or cereal malt
beverage from the boundaries of the common consumption area.
(g) (1) For the purposes of this section, "common consumption area"
means a defined indoor or outdoor area not otherwise subject to a license
issued pursuant to the Kansas liquor control act or the club and drinking
establishment act where the possession and consumption of alcoholic
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liquor or cereal malt beverage is allowed pursuant to a common
consumption area permit.
(2) The boundaries of any common consumption area must be clearly
marked using a physical barrier or, or any apparent line of demarcation or
other appropriate signage. Every common consumption area shall have
signs conspicuously posted identifying the boundaries of such area in a
size and manner that provides notice to persons entering or leaving
the area.
(h) The secretary shall adopt rules and regulations to implement this
section.
(i) This section shall be a part of and supplemental to the club and
drinking establishment act.
Sec. 2. K.S.A. 41-2659 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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