§ 4.04.025. Alcoholic liquor and cereal malt beverage—Furnishing to minors, incapacitated persons—Prohibited acts.

(a)

No person shall furnish alcoholic liquor or cereal malt beverage to a minor.

(1)

Furnishing alcoholic liquor or cereal malt beverage to a minor is recklessly, directly or indirectly selling, giving, exchanging, buying for, delivering, distributing or in any way furnishing any alcoholic liquor or cereal malt beverage to, for, on behalf of, or at the request of any minor.

(2)

As used in this section, all terms have the meanings provided by Section 4.04.010 of the Code of the City of Wichita, Kansas, and amendments thereto.

(3)

Any person violating any of the provisions of this subsection shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $200 nor more than $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment.

(b)

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

(1)

The defendant is a licensed retailer, club, drinking establishment, tavern, caterer, or holds a temporary permit or a special event retailer's permit, or is 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; and

(3)

To purchase the alcoholic liquor, the minor 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.

(c)

This section shall not apply to wine intended for use and used by any church or religious organization for sacramental purposes.

(d)

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's or ward's parent or legal guardian.

(e)

No person shall recklessly, directly or indirectly, sell, give away, dispose of, exchange or deliver, purchase or buy for, distribute or permit the sale, gift or procuring of any alcoholic liquor to, for or on behalf of any person who is an incapacitated person, or any person who is physically or mentally incapacitated by the consumption of such liquor. Violation of this section is a misdemeanor punishable by a fine of not less than $100 nor more than $250 or by imprisonment not exceeding 30 days, or by both such fine and imprisonment.

(Ord. No. 42-104 § 1; Ord. No. 47-055 § 2, 6-27-06; Ord. No. 49-255 § 1, 4-10-2012; Ord. No. 49-263 § 1, 4-24-2012; Ord. No. 50-159 § 5, 3-15-2016)