First Published in the Lincoln-Sentinel-Republican, July 18, 2013

(First Published in the Lincoln-Sentinel-Republican, July 18, 2013)

ORDINANCE NO. 698

AN ORDINANCE APPROVING THE “POST ROCK-FESTIVAL” AS A SPECIAL EVENT WITHIN THE CITY; APPROVING THE LOCATION THEREOF; REQUIRING A TEMPORARY PERMIT FROM THE CITY FOR THE SALE AND CONSUMPTION OF ALCOHOLIC LIQUOR AT THE SPECIAL EVENT UNDER K.S.A. 2012 SUPP. 41-719(a)(2); PROVIDING FOR REGULATIONS; AND FOR PENALTIES FOR VIOLATION THEREOF.

Be it Ordained by the Governing Body of the City of Lincoln Center, Kansas:

SECTION 1.SPECIAL EVENT APPROVED. The Post Rock-Festival held within the city annually on Labor Day weekend is approved as a special event within the city as provided by K.S.A. 2012 Supp. 41-719(a)(2) .

SECTION 2.CONSUMPTION OF ALCOHOLIC LIQUOR AT SPECIAL EVENT. Alcoholic liquor may be consumed at the special event held on public streets, alleys, roads, sidewalks or highways when a temporary permit including a temporary permit from the city have been issued pursuant to K.S.A. 2012 Supp. 41-2645 and K.S.A. 2012 Supp. 41-719(a)(2), and amendments thereto, for such special event. No alcoholic liquor may be consumed inside vehicles while on public street, alleys, roads or highways at any such special event.

SECTION 3.LOCATION OF SPECIAL EVENT. The city park at 624 East Lincoln Avenue within the city is approved as the location for the special event in which the sale and consumption of alcoholic liquor is approved. The sale and consumption of alcoholic liquor is not permitted for the Post Rock-Festival at other locations within the city unless specifically approved by the governing body of the city which approval of an alternative or additional location shall be by ordinance adopted by the governing body.

SECTION 4. PERMIT REQUIRED. It shall be unlawful for any person granted a temporary permit by the State of Kansas to sell or serve any alcoholic liquor within the city without first obtaining a local temporary permit from the city clerk.

SECTION 5. PERMIT FEE. There is hereby levied a temporary permit fee in the amount of $25.00 per day on each group or individual holding a temporary permit issued by the state director of alcoholic beverage control authorizing sales within the city, which fee shall be paid before the event is begun under the state permit. Every temporary permit holder shall cause the temporary permit receipt to be placed in plain view on any premises within the city where the holder of the temporary permit is serving or mixing alcoholic liquor for consumption on the premises.

SECTION 6. CITY TEMPORARY PERMIT.

(a) It shall be unlawful for any person to conduct an event under a state issued temporary permit without first applying for a local temporary permit at least 14 days before the event. Written application for the local temporary permit shall be made to the city clerk and shall clearly state:

(1) the name of the applicant;

(2) the group for which the event is planned;

(3) the location of the event;

(4) the date and time of the event;

(5) any anticipated need for police, fire or other municipal services.

(b) Upon presentation of a state temporary permit, payment of the city’s temporary permit fee and a written application as provided for in subsection (a), the city clerk shall issue a local temporary permit to the applicant if there are no conflicts with other ordinances of the city.

(c) The city clerk shall notify the chief law enforcement officer of the city whenever a temporary permit has been issued and forward a copy of the permit and application to the chief law enforcement officer of the city.

SECTION 7. PERMIT REGULATIONS.

(a) No temporary permit holder shall allow the serving, mixing or consumption of alcoholic liquor between the hours of 2:00 a.m. and 6:00 a.m. at any event for which a temporary permit has been issued.

(b) No alcoholic beverages shall be given, sold or traded to any person under 21 years of age.

SECTION 8. PENALTIES. Any person violating any provision of this ordinance shall be punished by:

(a) a fine of not more than $1,000; or

(b) imprisonment in jail for not more than 90 days; or

(c) both such fine and imprisonment not to exceed (a) and (b) above.

SECTION 9. This ordinance shall take effect and be in force from and after its publication in the official newspaper of the City of Lincoln Center, Kansas.

Passed and approved by the governing body of the City of Lincoln Center, Kansas, on this 8thday of July, 2013.

/s/ Travis Schwerdtfager

Travis Schwerdtfager, Mayor

ATTEST:

/s/ Rose M. Gourley

Rose M. Gourley, City Clerk

1