Common Consumption Area
The Hays City Commission recently took action to establish a Common Consumption Area in the downtown area. The district will encompass 7th to 13th Streets, Oak to Fort, and 9th to 10th Streets from Fort to Ash.
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. A Common Consumption Area does not allow individuals to bring their own alcoholic beverages into the district for consumption, rather beverages must be purchased at an establishment with permission by the State of Kansas to sell alcoholic liquor, that are within or adjacent to the established Common Consumption Area, who have elected to participate in the Common Consumption Area.
Per State law and City Ordinance, alcoholic beverages must be sold in non-glass containers with the participating businesses' logo or identifying trademark.
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.
Printable Common Consumption Area FAQ document HERE
Printable Common Consumption Area Map boundaries HERE
Printable Common Consumption Area Flyer HERE
Frequently Asked Questions (FAQ)
What is a Common Consumption Area?
A Common Consumption Area is a defined indoor or outdoor 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.
What are the boundaries of the Common Consumption Area?
The Downtown Hays Common Consumption Area encompasses 7th to 13th Streets, Oak to Fort, and 9th to 10th Streets from Fort to Ash.
How are the boundaries of the Common Consumption Area Marked?
The boundaries of the CCA are marked with signage, decals on sidewalks, and white message lines at all streets and alleys.
What hours is the Common Consumption Area operational?
The Downtown Hays Common Consumption Area is open year-round from 6:00 a.m. to 2:00 a.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 do I participate in the Common Consumption Area?
First and foremost, the business or entity wishing to participate must be located within or adjacent to the Hays Downtown Common Consumption Area. For those that are within or adjacent to the district, businesses or entities must be licensed or authorized to sell alcohol with the State of Kansas. Following that provision, the entities or organizations must apply to the Kansas Alcoholic Beverage Control (ABC) for a permit to participate in the Common Consumption Area. ABC form 838 is the appropriate application form.
If my business or entity chooses to participate in the Common Consumption Area, is there anything special I must adhere to?
The primary requirement for businesses or entities that participate in the Downtown Hays Common Consumption Area is that in order for drinks to be carried into the Common Consumption Area, they must be served in a non-glass container, with the business or entities' trademark, logo, or some other identifying mark clearly visible.
If my business or entity chooses to participate in the Common Consumption Area, am I liable for violations that occur in the Common Consumption Area?
No, businesses and entities are only responsible for liquor violations that occur on their property. Any violation that occurs within the Common Consumption is the responsibility of the City of Hays.
Can a patron leave the Common Consumption Area with their alcoholic drink?
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?
In that instance, each business owner retains discretion on whether to allow patrons into their establishments with alcoholic beverages purchased at another location.
I’m a nonprofit organization that would like to participate in the Common Consumption Area, what do I need to do?
A nonprofit cannot participate in a Common Consumption Area unless they are a located in or adjacent to the area, have a temporary permit issued by the state, ABC Form 892, and have an approved application to participate in the Common Consumption Area, ABC Form 838.
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. That information can be found online at https://www.ksrevenue.gov/abchbcomconsumption.html
Who can I contact to learn more?
For additional information or questions about common consumption areas and state liquor laws, contact ABC Agent, Justin Whyte at 785-230-0568 or by email at firstname.lastname@example.org