Session Law

Identifying Information:L. 2002 ch. 139
Other Identifying Information:2002 Senate Bill 444
Tax Type:Alcoholic Beverage Control
Brief Description:An Act concerning alcoholic liquor; relating to consumption in certain places;amending K.S.A. 41-719 and repealing the existing section.
Keywords:


Body:

CHAPTER 139

SENATE BILL No. 444

An Act concerning alcoholic liquor; relating to consumption in certain places;

amending K.S.A. 41-719 and repealing the existing section.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 41-719 is hereby amended to read as follows: 41-

719. (a) No person shall drink or consume alcoholic liquor on the public

streets, alleys, roads or highways or inside vehicles while on the public

streets, alleys, roads or highways.

(b) No person shall drink or consume alcoholic liquor on private

property except:

(1) On premises where the sale of liquor by the individual drink is

authorized by the club and drinking establishment act;

(2) upon private property by a person occupying such property as an

owner or lessee of an owner and by the guests of such person, if no charge

is made for the serving or mixing of any drink or drinks of alcoholic liquor

or for any substance mixed with any alcoholic liquor and if no sale of

alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,

takes place;

(3) in a lodging room of any hotel, motel or boarding house by the

person occupying such room and by the guests of such person, if no

charge is made for the serving or mixing of any drink or drinks of alcoholic

liquor or for any substance mixed with any alcoholic liquor and if no sale

of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,

takes place;

(4) in a private dining room of a hotel, motel or restaurant, if the

dining room is rented or made available on a special occasion to an in-

dividual or organization for a private party and if no sale of alcoholic liquor

in violation of K.S.A. 41-803, and amendments thereto, takes place; or

(5) on the premises of a microbrewery or farm winery, if authorized

by K.S.A. 41-308a or 41-308b, and amendments thereto.

(c) No person shall drink or consume alcoholic liquor on public prop-

erty except:

(1) On real property leased by a city to others under the provisions

of K.S.A. 12-1740 through 12-1749, and amendments thereto, if such real

property is actually being used for hotel or motel purposes or purposes

incidental thereto.

(2) In any state-owned or operated building or structure, and on the

surrounding premises, which is furnished to and occupied by any state

officer or employee as a residence.

(3) On premises licensed as a club or drinking establishment and

located on property owned or operated by an airport authority created

pursuant to chapter 27 of the Kansas Statutes Annotated or established

by a city having a population of more than 200,000.

(4) On the state fair grounds on the day of any race held thereon

pursuant to the Kansas parimutuel racing act.

(5) On the state fairgrounds, if such liquor is domestic beer or wine

or wine imported under subsection (e) of K.S.A. 41-308a, and amend-

ments thereto, and is consumed only for purposes of judging competi-

tions. The state fair board, in its discretion, may authorize the consump-

tion of such alcoholic liquor on nonfair days in conjunction with bona

fide scheduled events involving not less than 75 invited guests and subject

to any conditions or restrictions as the board may require.

(6) In the state historical museum provided for by K.S.A. 76-2036,

and amendments thereto, on the surrounding premises and in any other

building on such premises, as authorized by rules and regulations of the

state historical society.

(7) On the premises of any state-owned historic site under the juris-

diction and supervision of the state historical society, on the surrounding

premises and in any other building on such premises, as authorized by

rules and regulations of the state historical society.

(8) In a lake resort within the meaning of K.S.A. 32-867, and amend-

ments thereto, on state-owned or leased property.

(9) In the Hiram Price Dillon house or on its surrounding premises,

subject to limitations established in policies adopted by the legislative

coordinating council, as provided by K.S.A. 75-3682, and amendments

thereto.

(10) On the premises of the Kansas national guard regional training

center located in Saline county, and any building on such premises, as

authorized by rules and regulations of the adjutant general and upon

approval of the Kansas military board.

(11) On property exempted from this subsection (c) pursuant to sub-

section (d), (e), (f), (g), (h) or (i).



Date Composed: 10/10/2002 Date Modified: 10/10/2002