In December 2023, the City of Topeka Governing Body approved Ordinance No. 20474 establishing Common Consumption Areas (CCA) in Downtown Topeka and the NOTO District. The adjustment of City rules around drinking in public creates regulated “social drinking zones” where patrons can drink outside of a licensed bar, restaurant, or other eligible establishment that is permitted to sell alcoholic beverages by the State of Kansas and the City of Topeka in these clearly marked designated areas. Designated areas are operational between the hours of 8:00 a.m. to 11:59 p.m., seven days a week.
The Administrative Regulations apply to any On-Premise licensee or Temporary Permit holder that has requested and been approved by the State of Kansas ABC to participate in an established City of Topeka Common Consumption Area.
Any on-premise licensee or temporary permit holder that has requested and been approved by the State of Kansas ABC to participate in an established City of Topeka Common Consumption Area must submit a copy of the approved request form (ABC-838) to the City Clerk’s Office. Within 48 hours of approval by the ABC, email a copy of the approved permit to cclerk@topeka.org or hand deliver it to the City Clerk’s Office located at 215 SE 7th Street, Room 166, Topeka, Kansas.
Likewise, should the on-premise licensee or temporary permit holder choose to no longer participate in a CCA, a copy of the written request submitted to the ABC to withdraw participation must be provided to the City Clerk’s office.
Likewise, should the on-premise licensee or temporary permit holder choose to no longer participate in a CCA, a copy of the written request submitted to the ABC to withdraw participation must be provided to the City Clerk’s office.
Any licensee that has been approved by the State of Kansas ABC to participate in an established Common Consumption Area who desires designation of one non-contiguous service area within the CCA boundaries may submit a NCSA Request Form that shall include a description and/or drawing of the location to be designated as the non-contiguous service area and documentation of proof of the property owner’s consent for the licensee to set up a service area. Request Forms shall be submitted to the City Clerk for review and approval. The licensee will be provided a copy of the application showing approval which shall be prominently displayed at the NCSA along with a copy of its drinking establishment license.
The CCA regulates consumption and possession, not the SALE, of alcoholic liquor and cereal malt beverages (CMB). Thus, entities wanting to sell or serve alcoholic liquor or CMB on public streets, sidewalks, highways, etc. will need a Special Event authorized by the Governing Body to accompany the entities application to the state for a Temporary Permit 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.
As always, a Special Event Permit Application from the City Clerk’s office is required. However, if the event takes place completely within the boundaries of a CCA, Section 12 of Ordinance No. 20474 (Codified in TMC 12.70.070) serves as the preauthorization by the Governing Body as a Special Event, allowing the sale and service of alcohol, rather than needing a separate resolution passed by the Governing Body. Applicants for a Temporary Permit from the ABC will use this as the special event approval.
As always, a Special Event Permit Application from the City Clerk’s office is required. However, if the event takes place completely within the boundaries of a CCA, Section 12 of Ordinance No. 20474 (Codified in TMC 12.70.070) serves as the preauthorization by the Governing Body as a Special Event, allowing the sale and service of alcohol, rather than needing a separate resolution passed by the Governing Body. Applicants for a Temporary Permit from the ABC will use this as the special event approval.
Special events FAQ
Special Event Temporary Permit holders located within a permitted Common Consumption Area can participate in the CCA. This would allow a patron served in the Special Event area to remove the beverage from the Special Event area into the CCA. The Special Event boundary must be completely encompassed by the CCA. Special Events located adjacent to a CCA or partially within a CCA cannot participate in the CCA. Drinks from an approved CCA participant located outside the Special Event area are allowed into the public areas of the Special Event.
If your special event boundary is completely encompassed within a CCA boundary, you can participate in the CCA. Please submit a “Request to Participate in Common Consumption Area” (Form ABC-838) and corresponding documents to the State of Kansas ABC for approval. You have the option to submit the State application and corresponding documents online; via email; by fax 785-296-7185 or in-person to the ABC Office located 109 SW 9th Street, 5th Floor, Topeka, Kansas. The following documents will be useful for this request: Once approved by ABC, email or hand deliver a copy of the approved “Request to Participate in Common Consumption Area” form to the City Clerk’s Office located at 215 SE 7th Street, Topeka, Kansas.
If your special event boundary is completely encompassed within a CCA boundary, you can participate in the CCA. Please submit a “Request to Participate in Common Consumption Area” (Form ABC-838) and corresponding documents to the State of Kansas ABC for approval. You have the option to submit the State application and corresponding documents online; via email; by fax 785-296-7185 or in-person to the ABC Office located 109 SW 9th Street, 5th Floor, Topeka, Kansas. The following documents will be useful for this request: Once approved by ABC, email or hand deliver a copy of the approved “Request to Participate in Common Consumption Area” form to the City Clerk’s Office located at 215 SE 7th Street, Topeka, Kansas.
FAQ
A designated Common Consumption Area (CCA) allows licensed establishments to sell alcohol on their premises for customers to take out and consume within the boundaries of a CCA. Common Consumption Area permits are for possession and consumption, not the sale, of alcoholic liquor and cereal malt beverage (CMB).
To further explain, it can be an indoor or outdoor area, where individuals can possess and consume alcoholic beverages outside of a licensed bar, restaurant or other eligible establishment that is permitted to sell alcoholic beverages by the State of Kansas.
To further explain, it can be an indoor or outdoor area, where individuals can possess and consume alcoholic beverages outside of a licensed bar, restaurant or other eligible establishment that is permitted to sell alcoholic beverages by the State of Kansas.
City of Topeka Ordinance No. 20474 authorizes the establishment of two (2) Common Consumption Areas in the City of Topeka.
Downtown Area
This area encompasses 4th Street on the north; 10th Avenue on the south; Quincy Street on the east; and Jackson Street on the west.
NOTO Area
This area encompasses Fairchild Street on the north; Norris Street on the South; Quincy Street on the east; and Jackson Street on the west.
The boundaries of a CCA will be marked with the following signs by the City of Topeka:
In addition to signs, stencils on the sidewalks will also mark the boundaries of a CCA.
In addition to signs, stencils on the sidewalks will also mark the boundaries of a CCA.
You can now enjoy your adult beverage while strolling through beautiful Downtown Topeka or NOTO from 8:00 a.m. to 11:59 p.m. every day of the week, all year long.
No. You may only consume drinks that were purchased at a business that participates in the CCA. A list of participants can be found above and in the City Clerk’s Office.
All drinks allowed to be removed must be in specially marked cups that are unique to each business or licensee participating in a CCA.
The CCA only allows drinks to be removed from an establishment. Businesses located within the designated area can elect not to participate in the CCA, but if they wish to do so they will need to submit the proper paperwork to the State of Kansas ABC and the City of Topeka Clerk’s Office. Each business retains the discretion on whether to allow patrons to carry drinks into their establishments.
Business FAQ
- The business or entity must be located within an established CCA and have a valid On-Premise License (includes Caterer Licenses, Class A and Class B Clubs, Drinking Establishments and Public Venue Licenses) issued from the State of Kansas, and a valid City of Topeka Drinking Establishment License or On-Premise CMB License; or
- Temporary permit holders located within a permitted CCA can also participate in the CCA.
- State of Kansas ABC Form 838
- Ordinance No. 20474
- Downtown CCA Map
- NOTO CCA Map
- City of Topeka Downtown CCA Permit
- City of Topeka NOTO CCA Permit
Any alcoholic liquor and CMB removed from its licensed premises must be placed into or served in a non-glass container that displays that licensee’s trade name, logo, or other unique identifying mark. Licensees participating in a common consumption area shall post a copy of any documentation received from ABC approving such participation on the licensed premises at all times.
No, renewal of the application is not necessary unless there is a change in business owners or a lapse in valid licensing of the CCA Permit Holder by the City as the permittee.
No, each business owner retains discretion on what to allow into their establishments.
Ordinance No. 20474 prohibits inappropriate conduct within the boundaries of a CCA. Any person engaging in inappropriate conduct may be subject to removal from the event. Inappropriate conduct includes, but is not limited to, fighting, harassment, destruction of property or committing any violation of City ordinances or state law.
Common Consumption Area permit holders are liable for any and all violations that occur within the defined boundaries of the common consumption area subject to the permit. A permit holder shall not be liable for violations involving the sale and consumption of alcoholic liquor and CMB that occur on the licensed premises of participating licensees. You are responsible for violations that occur in your licensed premise of your business. [Subsection (f)(2) of K.S.A. 41-2659]
Common Consumption Area permit holders are liable for any and all violations that occur within the defined boundaries of the common consumption area subject to the permit. A permit holder shall not be liable for violations involving the sale and consumption of alcoholic liquor and CMB that occur on the licensed premises of participating licensees. You are responsible for violations that occur in your licensed premise of your business. [Subsection (f)(2) of K.S.A. 41-2659]
The City is the permit holder for established CCAs in the City of Topeka. The permit is on display in the City Clerk’s Office located at 215 SE 7th Street, Room 166, Topeka, Kansas, Monday – Friday from 8:00 a.m. to 5:00 p.m. This permit allows for possession and consumption of alcoholic liquor and CMB only within the boundaries of the CCA.