City of Wichita v. Trotter, decided today by the Kansas Supreme Court (in a unanimous opinion written by Justice Evelyn Zabel Wilson) struck down as unconstitutionally overbroad W.M.O. [Wichita Municipal Ordinances] 3.06.030., which required licenses "after-hours establishments" that included, among other things, music, trivia, or games:
"'After-hours establishment' means any venue for a series of events or ongoing activity or business, occurring alone or as part of another business, to which the public is invited or allowed which is open anytime between midnight and 6:00 a.m., where individuals gather and is not otherwise licensed for the sale of alcoholic beverages or cereal malt beverages or otherwise licensed by the City of Wichita or state of Kansas for a business at that location. This term shall not include hospitals, hotels, motels or other boarding houses nor is it intended to apply to private homes where specifically invited guests gather. A combination of two or more of the following factors is prima facie evidence that an establishment is an 'after-hours establishment':
"(1) Playing of music either recorded or live;
"(2) Entertainment such as trivia or games;
"(3) Sporting events in person or broadcasted on screens;
"(4) Crowds in excess of 20 people;
"(5) Alcoholic beverages present;
"(6) Food by an unlicensed vendor offered for purchase or as a benefit of paid entry;
"(7) Entry allowed only upon payment of a fee or membership;
"(8) Establishment monitored by security guards;
"(9) Advertisements or notifications on social media or by other means that invite the public to attend or participate in functions or activities located on the premises of such establishment…..
