Memorandum

City of Lawrence

Legal Services

TO:	Toni Ramirez Wheeler, Director of Legal Services
FROM:	Scott J. Miller, Staff Attorney
Date:	May 15, 2007
RE:	Ordinance 8111 – Unlawful Hosting of Minors

Recently, Senate Bill 166 was signed into law by Governor Sebelius.  Section 3 of the legislation amended K.S.A. 21-3610c, the statute that makes it illegal for an individual to host a minor in a manner that results in the possession or consumption of alcoholic liquor or cereal malt beverage by the minor. 

Section 4-103.1 of the City Code is our local provision that parallels that statute.  As cities are precluded from having ordinances that are less stringent than the comparable provisions of uniform state laws, this section of the City Code should be amended.

Ordinance 8111 updates our City Code to mirror the new version of the Kansas statue.  There are three primary changes.  First, the old law only applied to the hosting of minors under the age of 18.  The amended statute, on the other hand, applies to all minors, which include all individuals less than 21 years of age.  Second, the current minimum fine in K.S.A. 21-3610c is $1000 while our ordinance sets the equivalent fine at $300.  Therefore, Ordinance 8111 increases the minimum fine in the City Code to the same amount, $1000.  Finally, the statute contains a clause that requires a sentencing judge to consider having an offender perform community service at an alcohol treatment facility if community service is ordered as a condition of probation.  Actual imposition of such community service, however, is not required by the state law.  The ordinance under consideration integrates the requirement to consider this type of community service into our City Code.

Adoption of Ordinance 8111 is advisable to insulate our City Code from potential future legal attack.  Please contact me if you need any further information of clarification.