ORDINANCE NO. 7888

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 4, ARTICLE 103 AND ENACTING CHAPTER 4, SECTION 103.1 AND CHAPTER 14, SECTION 14-706 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2003 EDITION AND AMENDMENTS THERETO, CONCERNING CITY REGULATIONS GOVERNING ALCOHOLIC LIQUOR AND CEREAL MALT BEVERAGES.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1.  Chapter 4, Article 1, Section 4-103 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby amended to read as follows:

4-103  POSSESSION, PURCHASE OR CONSUMPTION OF ALCOHOLIC BEVERAGE BY UNDERAGE PERSONS; PENALTY.

(A)       Except with regard to serving alcoholic liquor or cereal malt beverage as permitted by K.S.A. 41-308a, 41-308b, 41-727a, 41-2610, 41-2652, 41-2704 and 41-2727, and amendments thereto, and subject to any rules and regulations adopted pursuant to such statutes, no person under 21 years of age shall possess, consume, obtain, purchase or attempt to obtain or purchase alcoholic liquor or cereal malt beverage except as authorized by law. (Ord. 7363).

(B)       Violation of this section by a person 18 or more years of age but less than 21 years of age is a public offense for which the minimum fine is $300.00 and the maximum fine is $500.00.  The Municipal Judge may also sentence the offender to no more than thirty (30) days in jail.  The Municipal Judge shall have no authority to suspend any portion of the minimum fine.  (Ord. 7363).

(C)       In addition to any other penalty authorized by law, (Ord. 7363).

(1)       The Municipal Judge may order the offender to do either or both of the following:

(A)      Perform 40 hours of public service; or

(B)       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)       Upon a first conviction of a violation of this section, the court shall order the division of vehicles to suspend the driving privilege of such offender for 30 days. The court shall order that for any offender who has not been issued a driver’s license by the division prior to sentencing of the offender for a violation of this section, the division shall not issue such offender a driver’s license 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.

(3)       Upon a second conviction of a violation of this section, the court, shall order the division of vehicles to suspend the driving privilege of such offender 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.

(4)       Upon a third or subsequent conviction of a violation of this section, the court shall order the division of vehicles to suspend the driving privilege 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.

            (D)       This section shall not apply to the possession and consumption of cereal malt beverage by a person under the legal age for consumption of cereal malt beverage when such possession and consumption is permitted and supervised, and such beverage is furnished, by the person's parent or legal guardian.

Section 2.  Chapter 4, Article 1, Section 4-103.1 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby enacted to read as follows:

4-103.1           UNLAWFUL HOSTING OF MINORS AND CONSUMPTION OF ALCOHOLIC LIQUOR OR CEREAL MALT BEVERAGE.

(A)       Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is intentionally 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 possession or consumption therein of alcoholic liquor or cereal malt beverages by persons under the age of 18.

                        (B)       Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is a misdemeanor, for which the minimum fine is $300.

                        (C)       As used in this section, terms have the meaning provided by K.S.A. 41-102, and amendments thereto, except for the purposes of this section, "minor" means a person under the age of 18.

Section 3.  Chapter 14, Article 7, Section 14-706 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby enacted to read as follows:

14-706            FURNISHING ALCOHOLIC LIQUOR OR CEREAL MALT BEVERAGE TO A MINOR.

(A)       Furnishing alcoholic liquor or cereal malt beverage to a minor is directly or indirectly, selling to, buying for, giving or furnishing any alcoholic liquor or cereal malt beverage to any minor.

(B)       Furnishing alcoholic liquor or cereal malt beverage to a minor is a misdemeanor for which the minimum fine is $300.

(C)       As used in this section, terms have the meanings provided by K.S.A. 41-102, 41-2601 and 41-2701, and amendments thereto.

                        (D)       It shall be a defense to a prosecution under this section if:

(1)       The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit, or an employee thereof; and

(2)       The defendant sold the alcoholic liquor or cereal malt beverage to the minor with reasonable cause to believe that the minor was 21 or more years of age or of legal age for the consumption of alcoholic liquor or cereal malt beverage; and

(3)       To purchase the alcoholic liquor or cereal malt beverage, the person exhibited to the defendant a driver's license, Kansas nondriver's identification card or other official or apparently official document, containing a photograph of the minor and purporting to establish that such minor was 21 or more years of age or of legal age for the consumption of alcoholic liquor or cereal malt beverage.

(E)       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 when such furnishing is permitted and supervised by the child or ward's parent or legal guardian.

Section 4.  Section 4-103 of the Code of the City of Lawrence, Kansas, 2003 Edition, is hereby amended and Sections 1-103.1 and 14-706 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, are hereby enacted.

Section 5.  This ordinance shall be effective on and after passage and publication as provided by law.

ADOPTED BY THE GOVERNING BODY THIS ___ DAY OF ____________, 2005.

PASSED:

                                                            Dennis Highberger, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

David L. Corliss, Assistant City Manager

and Director of Legal Services