Common Consumption Area
Frequently Asked Questions (FAQ)
What is a Common Consumption Area?
A Common Consumption Area is a defined area where individuals can possess and consume alcoholic liquor outside of a licensed bar, restaurant, or other eligible establishment that is permitted to sell alcoholic beverages by the State of Kansas.
The Liberal City Commission approved Ordinance No. 4636 establishing a Common Consumption Area (CCA). This ordinance establishes the boundary and regulations for the CCA in Liberal. The City of Liberal holds the permit issued by the State of Kansas – Permit No. 19722.
A Common Consumption Area does not allow individuals to bring their own alcoholic beverages into the district for consumption. Beverages must be purchased at an establishment with permission by the State of Kansas to sell alcoholic liquor, that are within the established Common Consumption Area, who have elected to participate in the Common Consumption Area.
For businesses that do not sell alcoholic liquor, business owners retain the discretion to determine if alcoholic beverages can be possessed or consumed on their property. Alcohol cannot be removed from the Common Consumption Area unless in a properly sealed container pursuant to State law.
What are the boundaries of the Common Consumption Area?
Liberal’s Common Consumption Area encompasses the following areas:
- Starting from the intersection of Kansas Avenue and 3rd Street then South to 2nd Street; then West along 2nd Street to the intersection of Lincoln Avenue; then North on Lincoln to the intersection of 3rd Street, then East to the Kansas; the same area being one City block including the entirety of the streets thereon.
- From the intersection of Kansas Avenue and 2nd Street then East to the intersection of 2nd Street and Washington.
- From the intersection of Lincoln Avenue and 2nd Street, then extending West a distance of 150.00 feet on 2nd Street.
How are the boundaries of the Common Consumption Area Marked?
The boundaries of the CCA are marked with signage and pavement markings:
What hours is the Common Consumption Area operational?
Liberal’s Common Consumption Area is open year-round from 12:00 p.m. (Noon) to 11:59 p.m.
Can I bring in my own alcoholic beverages into the Common Consumption Area?
No. Only alcoholic beverages purchased in a licensed establishment are allowed in the Common Consumption Area.
How can my business participate in the Common Consumption Area?
An on-premise licensee that is located within or immediately adjacent to the Common Consumption Area can request permission from both the Kansas Department of Revenue Division of Alcoholic Beverage Control (ABC) and the City of Liberal to participate in the CCA.
- Licensees must hold a valid City of Liberal Business License.
- Licensees must be licensed or authorized to sell alcohol with the State of Kansas.
- The licensee must first submit ABC-838 form (Request to Participate in Common Consumption Area) to the Kansas Department of Revenue Division of Alcoholic Beverage Control. In the box labeled “Common Consumption Area Permit Number” list the City of Liberal’s permit number: 19722.
- The licensee will need to present the ABC’s approval to the City of Liberal as part of the City’s Common Consumption Area Participant License Application. Applicants must apply and pay a license fee in the amount of $100.00 to the City of Liberal annually. Licenses expire annually on December 31st.
- If a licensee has requested and received permission to participate in a common consumption area, such licensee may sell, offer for sale, and serve alcoholic liquor and CMB from one non-contiguous service area within the common consumption area. The licensee must receive permission from the common consumption area permit holder to do so, and shall prominently display a copy of its liquor license and the approval of the common consumption area permit holder at all times at such non-contiguous service area. Licensees must submit a Common Consumption Area Non-Contiguous Service Area License Application to the City of Liberal and receive approval prior to sales and serving at a non-contiguous service location. Applicants must apply and pay a license fee in the amount of $50.00 to the City of Liberal annually. Licenses expire annually on December 31st.
Helpful Documents for Businesses:
Ordinance No. 4636 - Establishing a Common Consumption Area
Common Consumption Area Participant License Application
Common Consumption Area Non-Contiguous Service Area License Application
If my business or entity chooses to participate in the Common Consumption Area, is there anything special I must adhere to?
Businesses or entities that participate in the Common Consumption Area must serve beverages being carried for common consumption in a non-glass container no larger than 16 fluid ounces, with the business or entities' trademark, logo, or some other identifying mark clearly visible. No establishment participating in the CCA shall allow any person to leave their premises and enter the CCA with more than one such alcoholic beverage at a time. Paper or plastic cups shall be single serve and not be refilled by the licensee identified on the cup, by any other licensed establishment participating in the CCA, or by any other person or party.
Signage. Any licensed establishment that allows patrons to leave the establishment with an alcoholic beverage in an open container as provided in this Ordinance shall maintain posted inside all exit doors for clear public view a map of the current boundaries of the current CCA and a sign of at least eleven (11) inches by eight and one-half (8.5) inches that states the following:
“All patrons leaving this establishment with an alcoholic beverage in an open container do hereby assume full responsibility to consume such alcoholic beverage only if it has been served in a paper or plastic cup not to exceed 16 ounces in size and obtained from an establishment licensed to sell alcoholic beverages within the common consumption area (CCA) outlined on the map below. Any individual who leaves the CCA with an alcoholic beverage in an open container is in violation of the Liberal, KS Code of Ordinances and may be subject to a citation, arrest, incarceration, and/or fine.”
Liability. Each licensee within a CCA 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. Licensee shall provide any insurance coverage or proof of coverage as may be required by the Governing Body as a condition of participating in the CCA.
Special Events. The CCA regulates consumption and possession, not the sale, of alcoholic liquor and cereal malt beverages (CMB). Entities wanting to sell or serve alcoholic liquor or CMB on public streets or sidewalks will need a Temporary Permit from the State of Kansas to sell and serve alcoholic liquor and cereal malt beverages on city streets or sidewalks, which requires closure of the streets from motor vehicle traffic.
Can a person leave the Common Consumption Area with their alcoholic drink?
No. Participants may not leave the Common Consumption Area with an alcoholic beverage unless it is properly sealed according to State law. The district's boundaries are marked with signage and lines that indicate where the boundaries begin and end.
Can a patron bring alcoholic beverages sold at one establishment into another business?
Each business owner retains discretion on whether to allow patrons into their establishments with alcoholic beverages purchased at another location.
What is the City doing about trash and cleanliness in the CCA?
The City of Liberal has placed trash bins throughout the CCA to ensure cleanliness. City staff will regularly empty the bins to maintain a clean and pleasant environment.
Where can I learn more about Common Consumption Areas?
The Kansas Department of Revenue, Alcoholic Beverage Control, has a Handbook for Common Consumption Area Permits available online at: https://www.ksrevenue.gov/abchbcomconsumption.html
Who can I contact to learn more?
For questions regarding state common consumption area requirements, contact KDOR ABC Enforcement Officer, Chris Hebberd, at (785) 230-2631 or christopher.hebberd@ks.gov.
For additional information or questions about local common consumption areas, contact the Liberal City Clerk, Alicia Hidalgo, at (620) 626-2204 or alicia.hidalgo@cityofliberal.org.