ORDINANCE NO.   8111

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING SECTION 4-103.1 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2006 EDITION CONCERNING THE UNLAWFUL HOSTING OF MINORS CONSUMING ALCOHOL OR CEREAL MALT BEVERAGE.

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

Section 1.  Section 4-103.1 of the Code of the City of Lawrence, Kansas, 2006 Edition, and amendments thereto, is hereby amended to read as follows:

4-103.1             UNLAWFUL HOSTING OF MINORS AND CONSUMPTION OF ALCOHOLIC LIQUOR OR CEREAL MALT BEVERAGE.

(A)        Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is intentionally permitting a person's residence or any land, building, structure or room owned, occupied or procured by such person to be used by an invitee of such person or an invitee of such person's child or ward, in a manner that results in the possession or consumption therein of alcoholic liquor or cereal malt beverages by persons under the age of 18 a minor.

(B)        Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is a misdemeanor, for which the minimum fine is $300 $1000.  If the court sentences the offender to perform community or public service work as a condition of probation, the court shall consider ordering the offender to serve the community or public service at an alcohol treatment facility.

(C)        As used in this section, terms have the meaning provided by K.S.A. 41-102, and amendments thereto. , except for the purposes of this section, "minor" means a person under the age of 18.

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 All previous versions of the sections of the Code of the City of Lawrence, Kansas amended in this ordinance are hereby repealed.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:

Sue Hack, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

Toni Ramirez Wheeler, Director of Legal Services