Session Law

Identifying Information:L. 2002 ch. 026
Other Identifying Information:2002 Senate Bill 464
Tax Type:Alcoholic Beverage Control
Brief Description:An Act concerning alcoholic beverages; relating to the furnishing of alcoholic liquor or cereal malt beverage to a minor; amending K.S.A. 2001 Supp. 21-3610 and repealing the existing section.
Keywords:


Body:

CHAPTER 26

SENATE BILL No. 464


An Act concerning alcoholic beverages; relating to the furnishing of alcoholic liquor or

cereal malt beverage to a minor; amending K.S.A. 2001 Supp. 21-3610 and repealing


the existing section.


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

Section 1. K.S.A. 2001 Supp. 21-3610 is hereby amended to read as

follows: 21-3610. (a) Furnishing alcoholic liquor or cereal malt beverage

to a minor is directly or indirectly, selling to, buying for, giving or fur-

nishing any alcoholic liquor or cereal malt beverage to any minor.

(b) Except as provided by subsections (d) and (e), furnishing alcoholic

liquor or cereal malt beverage to a minor is a class B person misdemeanor

for which the minimum fine is $200.

(c) (1) Except as provided by paragraph (2) of this subsection, As

used in this section, terms have the meanings provided by K.S.A. 41-102,

41-2601 and 41-2701, and amendments thereto.

(2) As used in this section, ``cereal malt beverage,'' ``retailer'' and

``legal age for consumption of cereal malt beverage'' have the meanings

provided by K.S.A. 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; (2) the defendant

sold the alcoholic liquor or cereal malt beverage to the minor with rea-

sonable 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 bev-

erage; and (3) to purchase the alcoholic liquor or 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 docu-

ment, 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 bev-

erage by a parent or legal guardian to such parent's child or such

guardian's ward.

Sec. 2. K.S.A. 2001 Supp. 21-3610 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 4, 2002.


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