ORDINANCE NO

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 unlawful possession or consumption therein of alcoholic liquor or cereal malt beverages by a minor. “Minor” shall be defined as any individual less than 21 years of age. There shall be a rebuttable presumption that all persons present at and participating in social activities are invitees of the person or persons organizing the social activities, or if persons organizing the activities cannot be identified, by the persons who owned, occupied, or procured the land, building, structure or room used for the social activities at the time of those activities. A person shall be deemed to have acted recklessly per se under this section if he or she knowingly hosts, permits, or allows a social activity on any property covered by this section and fails to take reasonable steps to prevent the consumption of alcoholic liquor or cereal malt beverage by any minor at the social activity. Reasonable steps include, but are not limited to:

1. Making all reasonable efforts to control the quantity of and the access to alcoholic liquor or cereal malt beverage at the social activity, including lawful efforts aimed at removing from the social activity individuals who are not invited to the social activity, so that only the person or his or her invitees who are of legal age to possess or consume such alcoholic liquor or cereal malt beverage have access to them;

2. Verifying the age of all persons attending the social activity by inspecting drivers licenses or other government-issued identification cards to ensure that people under the legal age to consume alcoholic liquor or cereal malt beverage do not have access to alcoholic liquor or cereal malt beverage while at the social activity.

(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.

(D) Social activity shall mean any gathering of three or more people when any primary purpose of the gathering is socializing or recreation and at which alcoholic liquor or cereal malt beverage is served or permitted to be consumed. This term shall not include circumstances where the only alcoholic liquor or cereal malt beverage that is served is done so by a business licensed for the service of alcoholic liquor or cereal malt beverage under this code or the Kansas Statutes, and amendments thereto.

(E) 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:

Jonathan M. Douglass, City Clerk

APPROVED AS TO FORM AND LEGALITY:

Toni Ramirez Wheeler, Director of Legal Services