§ 4-3. Purchase, consumption and possession of alcoholic liquor or cereal malt beverages by minors; furnishing to minors; hosting minors under the age of 21.
(a)
No person under the age of 21 shall obtain or purchase, or attempt to obtain or purchase, alcoholic liquor or cereal malt beverage from any person.
(b)
No person under the age of 21 shall possess or consume alcoholic liquor or cereal malt beverage, except:
(1)
Said persons may possess or consume cereal malt beverage only when such cereal malt beverage is furnished and the possession or consumption is permitted and supervised by the person's parent or legal guardian. Such possession or consumption may not occur on premises licensed to sell cereal malt beverage or alcoholic liquor or at any other location where possession or consumption is prohibited by law.
(2)
An employee who is not less than 18 years of age may dispense or sell cereal malt beverage, if the place of business of the employer is licensed solely as an off-premises cereal malt beverage retailer and not for consumption on the premises; or the place of business of the employer is a licensed food service establishment, as defined by K.S.A. 36-501 and amendments thereto, and not less than 50 percent of the gross receipts from the place of business is derived from the sale of food for consumption on the premises.
(3)
Such person may serve alcoholic liquor as permitted by state law.
(c)
No person shall furnish alcoholic liquor or cereal malt beverage to any person under the age of 21. Furnishing alcoholic liquor or cereal malt beverage to a minor is recklessly, directly or indirectly, buying for or distributing any alcoholic liquor or cereal malt beverage to any minor. This section shall not apply to the furnishing of cereal malt beverage by a parent or legal guardian to such parent's child or such guardian's ward at a location other than upon premises licensed to sell cereal malt beverage or any other location where possession of such cereal malt beverage would be prohibited by law.
(d)
It shall be unlawful for any person to host a minor who is consuming or possessing alcoholic liquor or cereal malt beverage. Unlawfully hosting minors consuming or possessing alcoholic liquor or cereal malt beverage is recklessly permitting a person's residence or any land, building, structure or room owned, occupied or procured by such person to be used by an invitee of such person or an invitee of such person's child or ward, in a manner that results in the unlawful possession or consumption therein of alcoholic liquor or cereal malt beverages by a minor.
(e)
It shall be unlawful for any licensee or permit holder, or the owner, officer or employee thereof, to permit, whether knowingly or unknowingly, any person under the age of 21 to possess or consume alcoholic liquor or cereal malt beverage upon the premises where the alcoholic liquor or cereal malt beverages are sold by such licensee or permit holder. There shall be a rebuttable presumption that any person possessing or consuming alcoholic liquor or cereal malt beverage upon the premises has been permitted to possess or consume such alcoholic liquor or cereal malt beverage by the owner, officer and employee of said establishment. This section shall not apply to the dispensing of cereal malt beverage or the serving of alcoholic liquor as set forth in subparagraphs 4-3(b)(2) and 4-3(b)(3) above.
(f)
It shall be unlawful for the owner, operator or manager of any establishment licensed as an on-premises cereal malt beverage retailer to allow or permit any person under the age of 18 to enter or remain upon such premises between the hours of 8:00 p.m. and 6:00 a.m. if cereal malt beverages are available for sale or being consumed on the premises, unless:
(1)
Such person under the age of 18 is accompanied by a parent or guardian; or
(2)
Such person under the age of 18 is an employee of such establishment, and is not involved in the dispensing or selling of cereal malt beverages.
There shall be a rebuttable presumption that any person located within such premises has been permitted and allowed to enter and remain there by the owner, operator and manager of such establishment.
(g)
Penalties.
(1)
The penalty for a violation of subsection 4-3(a) or 4-3(b) shall be a minimum fine of $200.00, not to exceed $500.00, or a term of imprisonment not to exceed one month, or both such fine and imprisonment.
(2)
The penalty for a violation of subsection 4-3(c) or 4-3(f) shall be a minimum fine of $200.00, not to exceed $500.00, or a term of imprisonment not to exceed six months, or both such fine and imprisonment.
(3)
The penalty for a violation of subsection 4-3(d) shall be a minimum fine of $1,000.00, not to exceed $2,500.00, or a term of imprisonment not to exceed one year, or both such fine and imprisonment. If the court sentences the offender to perform community service or public service work as a condition of probation or parole, the court shall consider ordering the offender to serve the community or public service at an alcohol treatment facility.
(4)
The penalty for a violation of subsection 4-3(e) shall be a minimum fine of $100.00, not to exceed $250.00, or imprisonment not exceeding 30 days, or both such fine and imprisonment.
(h)
In addition to any other penalty provided, under a violation of subsection (a) or (b) of this section:
(1)
The court may order the offender to do either or both of the following:
(i)
Perform 40 hours of community service; or
(ii)
Attend and satisfactorily complete a suitable educational or training program dealing with the effects of alcohol or other chemical substances when ingested by humans; and
(2)
The court shall order the following:
(i)
Upon a first conviction, the court shall order the division of vehicles to suspend the offender's driving privileges for 30 days. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for 30 days whether or not that person has a driver's license.
(ii)
Upon a second conviction, the court shall order the division of vehicles to suspend the offender's driving privileges for 90 days. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for 90 days whether or not that person has a driver's license.
(iii)
Upon a third or subsequent conviction, the court shall order the division of vehicles to suspend the driving privileges of such offender for one year. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for one year whether or not that person has a driver's license.
(3)
For the purposes of determining whether a conviction is a first, second, third or subsequent conviction:
(i)
"Conviction" includes being convicted of a violation of subsections (a) or (b) of this section, or being convicted of a violation of a law of any state or any ordinance of any city, or resolution of any county, which prohibits the acts that subsections (a) or (b) prohibit.
(ii)
"Conviction" shall not include entering into a diversion agreement in lieu of further criminal proceedings for a violation of subsections (a) or (b), or a violation of a law of any state or any ordinance of any city, or resolution of any county, which prohibits the acts that subsections (a) or (b) prohibit.
(iii)
Any convictions occurring during a person's lifetime shall be taken into account when determining the sentence to be imposed.
(iv)
It is irrelevant whether an offense occurred before or after conviction for a previous offense.
(Ord. No. 6958, § 3, 8-14-12)