ORDINANCE NO. 8082

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING SECTION 14-408 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2006 EDITION AND SETTING FORTH MINIMUM PENALTIES FOR THOSE WHO POSSESS CERTAIN WEAPONS IN CLOSE PROXIMITY OF OR WITHIN DRINKING ESTABLISHMENTS.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1. Section 14-408 of the Code of the City of Lawrence, Kansas, 2006 edition is amended to read as follows:

14-408.1 WEAPONS IN OR NEAR A DRINKING ESTABLISHMENT

(A) Definitions

(1) “Alcoholic Liquor” means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine, or beer, and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.

(2) “Cereal Malt Beverage” means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor that is more than 3.2 percent alcohol by weight.

(3) “Close proximity” means property any part of which is within 200 feet, except that if any portion of the contiguous area of a park, unimproved lot, parking garage or parking lot is within 200 feet then the entire contiguous area of the parking lot or parking garage is within close proximity.

(4) “Dangerous knife” means every knife or straight razor except for:

(a) An ordinary folding pocket knife with a blade no longer than 4 inches in length.

(b) Knives provided by the drinking establishment for use by patrons for the purpose of dining.

(c) Knives possessed by the employees and owners of the drinking establishment, or those contracted by such owners or employees to perform work within the drinking establishment, when such knives are used within the drinking establishment as tools for food preparation, maintenance, or some other business purpose.

(d) Knives and straight razors possessed by individuals who may lawfully carry such items concealed on their person pursuant to K.S.A. 21-4201 and amendments thereto.

(5) “Drinking establishment” means premises where alcoholic liquor is sold by the drink and every premises licensed for that purpose.

(6) “Firearm” means an object having the design or capacity to propel a projectile by force of an explosion, gas, or other combustion.

(7) “Possession” means exercising actual or constructive dominion or control over an object.

(8) “Publicly accessible property” means any public or private street, alley, sidewalk, unimproved lot, park, walkway, trail, parking garage, parking lot or other property that is accessible to or actually used by members of the general public.

(9) “Within a drinking establishment” means any area on the premises of a drinking establishment where alcoholic liquor may be lawfully consumed.

(B) It shall be unlawful for any person to possess a firearm within a drinking establishment or on publicly accessible property in close proximity to the premises of any drinking establishment.

(D) This provisions of this section concerning the possession of firearms shall not apply to:

(1) Business owners and their employees while they are on the premises of their fixed place of business.

(2) Law enforcement officers or others entitled to carry concealed firearms in the locations that they are lawfully authorized to carry such firearms.

(3) Members of the United States Armed Forces or Kansas National Guard during or in conjunction with the actual performance of their official duties.

(4) An unloaded firearm within a vehicle so long as the firearm is within a container that completely encloses the firearm.

(5) An unloaded firearm possessed by an individual who does not contemporaneously possess any ammunition for the firearm contained in any ammunition clip, magazine, speed loader, drum or other device that allows for the rapid loading of the firearm provided that such firearm is not possessed within a drinking establishment.

(6) Individuals whose residence is within close proximity to the area where the firearm is possessed if such firearm is not possessed within a drinking establishment.

(7) Firearms that may not be lawfully possessed. The possession of such firearms may be prosecuted under the specific laws rendering their possession illegal.

(8) Firearms that only incidentally pass through an area regulated by this section. A firearm incidentally passes through a regulated area if the possessor does not voluntarily interrupt his or her continuous travel through the regulated area. Pausing on the roadway due to traffic control devices or traffic conditions shall not be considered voluntary interruption of travel.

(9) Firearms possessed while on the premises of a lawfully operating firing range or target range with a fixed place of business.

(E) This section shall be construed to limit the right to possess weapons in the areas regulated, and nothing in the section shall be interpreted to grant an individual the right to possess a weapon in an area or manner that would be unlawful under any other applicable law.

(F) Any person who is convicted of a violation of this section shall be punished as follows:

(1) On a first offense the person shall be fined in an amount not less than $500 or more than $2500, and shall be sentenced to a jail term of at least 30 days but not more than one year.

(2) On a second offense the person shall be fined in an amount not less that $1000 or more than $2500 and shall be sentenced to a jail term of at least 90 days but no more than one year.

(3) On a third or subsequent offense the person shall be fined $2500 and shall be sentenced to a jail term of at least 180 days but no more than one year.

(4) No person shall be released on a suspended sentence, any form of conditional release, or house arrest during the service of the mandatory jail terms specified by this ordinance. No portion of the minimum fine amount specified in this section shall be suspended.

Section 2. Severability. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 3. Repeal of Prior Law. All previous versions of the sections of the Code of the City of Lawrence, Kansas amended in this ordinance are hereby repealed.

Section 4. Effective Date. This ordinance shall take effect and be in full force and effect following its adoption and publication as provided by law.

Adopted this day of , 2007.

PASSED:

Mike Amyx, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

Toni Ramirez Wheeler, Interim Director of Legal Services