Memorandum

City of Lawrence

Legal Services

TO:	Toni Ramirez Wheeler
FROM:	Scott J. Miller, Staff Attorney
Date:	February 22, 2007
RE:	Ordinance 8082

Based upon a request by Mayor Mike Amyx, I was directed to prepare an ordinance increasing the mandatory minimum penalties for violations of Section 14-304 of the City Code.  This ordinance prohibits the possession of certain weapons on the property of licensed drinking establishments, and in some circumstances extends that prohibition to areas within close proximity to those establishments.  The current penalty for a violation of that law is a fine not to exceed $2500 or a jail term not to exceed one year, or both.

The proposed ordinance creates an escalating penalty scale based upon an offender’s prior convictions under the law.  The penalties are:

Number of convictions (including current conviction)	Minimum Fine	Maximum Fine	Minimum Jail Term	Maximum Jail Term
1	$500	$2500	30 days	1 year
2	$1000	$2500	90 days	1 year
3+	$2500	$2500	180 days	1 year

As currently drafted, no portion of the mandatory minimum penalties may be suspended, and no person may be released from the mandated jail term on probation, parole, house arrest or other conditional release.

The other provisions of the ordinance remain unchanged.