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Johnson County, KS Public Conduct: Public Alcohol Use (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Location covered
County square, described at Sec. 6-12
Alcohol rule
Banned unless Res. No. 031-22 applies
Penalty
Class D-1 infraction, $50-$500
Also banned there
Fires, vending, structures, unleashed pets
Enforcement
County sheriff / code enforcement officers
Appeal path
K.S.A. 19-4737

Summary

Drinking alcohol on the Johnson County Square is banned outright unless the board of county commissioners specifically authorizes it, which it did only for the Square's dedication under Resolution No. 031-22. Sec. 50-3 also bars fires, unpermitted vending, temporary structures and unleashed pets on that same civic property, backed by a Class D-1 fine of $50 to $500.

City-specific rules exist: Olathe, and Overland Park have their own public alcohol use rules that differ from Johnson County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

(3) Alcohol and cereal malt beverages. No person shall possess, consume, or drink any alcoholic liquor or cereal malt beverage within the boundaries of county square and adjacent property unless as authorized by Johnson County Resolution No. 031-22 adopted by the board of county commissioners of Johnson County, Kansas on May 19, 2022. ... (c) Penalty. Any person who shall be convicted in Johnson County Codes Court for violation of any provision of this section 50-3 of the Johnson County Code shall be deemed guilty of a Class D-1 infraction, as provided in section 2-735 of the Johnson County Code, as amended herein, pursuant to Johnson County Resolution No. 024-11, and a violation in accordance with K.S.A. 19-4716, and shall be subject to payment of a fine which shall be fixed by the court at a minimum sum of $50.00 and a maximum of $500.00. Each violation of this section shall constitute a separate offense and shall be punishable as a separate violation.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Resolutions: Supplement 14).

Full Breakdown

Section 50-3 of the Johnson County Code of Resolutions governs "the county square and adjacent property" downtown, the tract legally described in Sec. 6-12. Subsection (a)(3) makes it unlawful for anyone to possess, consume or drink alcoholic liquor or cereal malt beverage anywhere within that described tract "unless as authorized by Johnson County Resolution No. " That resolution number is the only carve-out the code names; there is no general permit process for occasional drinking, only a standing authorization tied to that specific 2022 action.

The same section bundles four other restrictions onto the Square: dogs, cats and similar pets must be kept leashed and under control (subsection (a)(2)); no fires, open flames or burning except during a permitted civic event; no sale, display or vending of products or services except during a permitted civic event; and no structures, booths, tents or stationary displays except during a permitted civic event. 2 percent alcohol-by-weight threshold used elsewhere in the county code, and define "leashed" to exclude electronic collars. The sheriff of Johnson County and the county's code enforcement officers in the codes division administer and enforce Sec.

50-3, and sheriff's deputies are deemed code enforcement officers for prosecution purposes. Violations are prosecuted in Johnson County District Court, codes court division, not municipal court, because the Square sits in the unincorporated civic core the county itself controls.

Violations & Fines

Anyone convicted of violating Sec. 50-3, including the alcohol ban, is guilty of a Class D-1 infraction under Sec. 2-735 and faces a fine set by the court between $50 and $500, with each violation punishable as a separate offense. Cases are heard in Johnson County District Court, codes court division, and an appeal from any judgment may be taken under K.S.A. 19-4737. The code disclaims county liability for injury or property damage arising from enforcement.

Frequently Asked Questions

Can I drink alcohol on the Johnson County Square?
No. Sec. 50-3(a)(3) makes it unlawful to possess, consume or drink alcoholic liquor or cereal malt beverage anywhere on the county square or adjacent property unless the specific board authorization in Resolution No. 031-22 covers the activity. There is no walk-up permit; the exception is tied to that named 2022 resolution, not a general event-by-event process open to the public.
What's the penalty for drinking at the Square?
A citation for drinking at the Square is a Class D-1 infraction under Sec. 2-735, carrying a court-set fine between $50 and $500. The case is heard in Johnson County District Court, codes court division, and each separate incident can be charged as its own offense, so repeated violations multiply the exposure quickly.
Are there exceptions for events held at the Square?
Sec. 50-3 exempts fires, vending, structures and similar activities "during and as part of a permitted civic event or activity," but the alcohol clause in subsection (a)(3) names only Resolution No. 031-22 as authorization, not a generic civic-event exemption. Anyone planning to serve alcohol at a Square event should confirm in writing with the county counselor's office before the event.
Where exactly is the "county square" this rule covers?
The "county square and adjacent property" is the tract legally described in Sec. 6-12 of the Johnson County Code, the civic grounds the county developed around its downtown Olathe government campus. Sec. 50-3 applies specifically to that described tract, not to unincorporated Johnson County generally, so alcohol rules elsewhere in the county are unaffected.

Sources & Official References

Other rules in Johnson County

All Johnson County rules

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