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 9  AN ACT concerning crimes and penalties; relating to minors; alcoholic
10    liquor and cereal malt beverage; penalties; amending K.S.A. 21-3610
11    and 21-3610a and K.S.A. 1996 Supp. 41-2615 and repealing the exist-
12    ing sections.
13
14  Be it enacted by the Legislature of the State of Kansas:
15    Section 1.  K.S.A. 21-3610 is hereby amended to read as follows: 21-
16  3610. (a) Furnishing alcoholic liquor to a minor is directly or indirectly,
17  selling to, buying for, giving or furnishing any alcoholic liquor to any
18  minor.
19    (b)  (1) Upon a first conviction of furnishing alcoholic liquor to a minor
20  is a person shall be guilty of a class B person misdemeanor for which the
21  minimum fine is $200 $500; and
22    (2)  upon a second conviction of furnishing alcoholic liquor to a minor,
23  a person shall be guilty of a class A person misdemeanor for which the
24  minimum fine is $1,000.
25    (c)  As used in this section, terms have the meanings provided by
26  K.S.A. 41-102 and amendments thereto.
27    (d)  It shall be a defense to a prosecution under this section if: (1) The
28  defendant is a licensed retailer, club, drinking establishment or caterer
29  or holds a temporary permit, or an employee thereof; (2) the defendant
30  sold the alcoholic liquor to the minor with reasonable cause to believe
31  that the minor was 21 or more years of age; and (3) to purchase the
32  alcoholic liquor, the minor exhibited to the defendant a driver's license,
33  Kansas nondriver's identification card or other official or apparently of-
34  ficial document, containing a photograph of the minor and purporting to
35  establish that such minor was 21 or more years of age.
36    Sec. 2.  K.S.A. 21-3610a is hereby amended to read as follows: 21-
37  3610a. (a) Furnishing cereal malt beverage to a minor is buying for or
38  selling, giving or furnishing, whether directly or indirectly, any cereal malt
39  beverage to any person under the legal age for consumption of cereal
40  malt beverage.
41    (b)  (1) Upon a first conviction of furnishing cereal malt beverage to
42  a minor is a person shall be guilty of a class B person misdemeanor for
43  which the minimum fine is $200 $500; and
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 1    (2)  upon a second or subsequent conviction of furnishing cereal malt
 2  beverage to a minor a person shall be guilty of a class A person misde-
 3  meanor for which the minimum fine is $1,000.
 4    (c)  This section shall not apply to the furnishing of cereal malt bev-
 5  erage by a parent or legal guardian to such parent's child or such guar-
 6  dian's ward.
 7    (d)  It shall be a defense to a prosecution under this section if: (1) The
 8  defendant is a licensed retailer, or an employee thereof; (2) the defendant
 9  sold the cereal malt beverage to the person with reasonable cause to
10  believe that such person was of legal age for consumption of cereal malt
11  beverage; and (3) to purchase the cereal malt beverage, the person ex-
12  hibited to the defendant a driver's license, Kansas nondriver's identifi-
13  cation card or other official or apparently official document containing a
14  photograph of the minor and purporting to establish that such person was
15  of legal age for consumption of cereal malt beverage.
16    (e)  As used in this section, ``cereal malt beverage'', ``retailer'' and
17  ``legal age for consumption of cereal malt beverage'' have the meanings
18  provided by K.S.A. 41-2701 and amendments thereto.
19    (f)  This section shall be part of and supplemental to the Kansas crim-
20  inal code.
21    Sec. 3.  K.S.A. 1996 Supp. 41-2615 is hereby amended to read as
22  follows: 41-2615. (a) No licensee or permit holder, or any owner, officer
23  or employee thereof, shall knowingly or unknowingly permit the posses-
24  sion or consumption of alcoholic liquor or cereal malt beverage by a minor
25  on premises where alcoholic beverages are sold by such licensee or permit
26  holder, except that a licensee's or permit holder's employee who is not
27  less than 18 years of age may serve alcoholic liquor or cereal malt beverage
28  under the on-premises supervision of the licensee or permit holder, or
29  an employee who is 21 years of age or older.
30    (b)  (1) Upon a first conviction of a violation of this section is a person
31  shall be guilty of a class B person misdemeanor punishable by a fine of
32  not less than $100 and not more than $250 $500 or imprisonment not
33  exceeding 30 days, or both; and
34    (2)  upon a second or subsequent conviction of a violation of this sec-
35  tion a person shall be guilty of a class A person misdemeanor punishable
36  by a fine of not less than $1,000 or imprisonment not exceeding 60 days,
37  or both.
38    (c)  It shall be a defense to a prosecution under this section if: (1) The
39  defendant permitted the minor to possess or consume the alcoholic liquor
40  or cereal malt beverage with reasonable cause to believe that the minor
41  was 21 or more years of age; and (2) to possess or consume the alcoholic
42  liquor or cereal malt beverage, the minor exhibited to the defendant a
43  driver's license, Kansas nondriver's identification card or other official or
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 1  apparently official document, containing a photograph of the minor and
 2  purporting to establish that such minor was 21 or more years of age.
 3    Sec. 4.  K.S.A. 21-3610 and 21-3610a and K.S.A. 1996 Supp. 41-2615
 4  are hereby repealed.
 5    Sec. 5.  This act shall take effect and be in force from and after its
 6  publication in the statute book.