§ 4.12.140. Minors prohibited; entering or remaining in taverns, etc., prohibited.  


Latest version.
  • (a)

    No person under the legal age for consumption of cereal malt beverage shall enter or remain on the premises of a tavern. Violation of this subsection by a person eighteen or more years of age but less than twenty-one years of age is a misdemeanor punishable by a fine of not less than one hundred dollars and not more than two hundred fifty dollars. In addition to such fine the court may order the offender to perform forty hours of public service.

    Further, any person less than eighteen years of age who violates this section is a juvenile offender under the Kansas Juvenile Offenders Code and upon adjudication thereof, shall be required as a condition of disposition to pay the fine or perform the public service, or both, specified as punishment for the offense under this subsection.

    (b)

    No licensee, manager, employee or agent shall permit a person under the legal age for consumption of cereal malt beverages to enter or remain on the premises of a tavern. No licensee, manager, employee or agent shall permit a person under the legal age for consumption of cereal malt beverage to possess, consume or purchase any cereal malt beverage in or about a place of business, except that an employee who is not less than eighteen years of age may dispense or sell cereal malt beverage, if:

    (1)

    The place of business is licensed only to sell cereal malt beverage at retail in original and unopened containers for consumption off the premises;

    (2)

    The place of business is a licensed food service establishment, as defined by K.S.A. 36-601 and amendments thereto, and not less than fifty percent of the gross receipts from the place of business is derived from the sale of food for consumption on the premises of the licensed place of business; or

    (3)

    The employee is under the on-premises supervision of the licensee or permit holder, or an employee who is twenty-one years of age or older.

    (c)

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

    (1)

    The defendant is licensed as a cereal malt beverage retailer, tavern, restaurant selling cereal malt beverage or a special event, or an employee thereof;

    (2)

    The defendant sold the cereal malt beverage to the person with reasonable cause to believe that such person was of legal age for consumption of cereal malt beverage; and

    (3)

    To purchase the cereal malt beverage, the person exhibited to the defendant a driver's license, Kansas non-driver's identification card or other official or apparently official document that reasonably appears to contain a photograph of the minor and purporting to establish that such person was of legal age for consumption of cereal malt beverage.

(Ord. No. 42-104 § 2; Ord. No. 48-353, § 9, 6-23-09)