ORDINANCE NO.   8397

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING SECTION 4-103.1 OF THE CITY CODE CONCERNING THE UNLAWFUL HOSTING OF MINORS.

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, 2009 Edition, 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 or recklessly 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 a minor.

(B) Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is a misdemeanor, for which the minimum fine is $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.

(D) The provisions of this section shall not be deemed to create any civil liability for any lodging establishment, as defined in K.S.A. 36-501, and amendments thereto.

Section 2.  Repeal of Prior Law.  Section 4-103.1 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, is hereby repealed, the intent being to enact substitute provisions as provided by this ordinance.

Section 3.  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 4.  Effective Date.  This ordinance shall take effect and be in full force and effect on the first day of July, 2009 and following its adoption and publication as provided by law.

Adopted this  day of  , 2009.

PASSED:

Robert Chestnut, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

                                                                        _

Toni Ramirez Wheeler, Director of Legal Services