ORDINANCE NO. 9258

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER IV, ARTICLE 1, SECTION 4-103, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2015 EDITION, AND AMENDMENTS THERETO, PERTAINING TO THE POSESSION, PURCHASE, OR CONSUMPTION OF ALCOHOLIC BEVERAGE BY AN UNDERAGE PERSON, AND REPEALING EXISTING SECTION 4-103.

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

SECTION 1: Chapter IV, Article 1, Section 4-103 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby amended to read as follows:

4-103 POSSESSION, PURCHASE OR CONSUMPTION OF ALCOHOLIC BEVERAGE BY UNDERAGE PERSONS; PENALTY IMMUNITY FROM PROSECUTION IN CERTAIN CIRCUMSTANCES.

(A) Except with regard to serving alcoholic liquor or cereal malt beverage as permitted by K.S.A. 41-308a, 41-308b, 41-727a, 41-2610, 41-2652, 41-2704, and 41-2727, and amendments thereto, and subject to any rules and regulations adopted pursuant to such statutes, no person under 21 years of age shall possess, consume, obtain, purchase or attempt to obtain or purchase alcoholic liquor or cereal malt beverage except as authorized by law.

(B) Violation of this section by a person 18 or more years of age but less than 21 years of age is a public offense for which the minimum fine is $300.00 and the maximum fine is $500.00. The Municipal Judge may also sentence the offender to no more than thirty (30) days in jail. The Municipal Judge shall have no authority to suspend any portion of the minimum fine.

(1) The Municipal Judge may order the offender to do either or both of the following:

(a) Perform 40 hours of public service; or

(b) Attend and satisfactorily complete a suitable educational or training program dealing with the effects of alcohol or other chemical substances when ingested by humans; and

(2) Upon a first conviction of a violation of this section, the court shall order the division of vehicles to suspend the driving privilege of such offender for 30 days. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for 30 days whether or not that person has a driver's license.

(3) Upon a second conviction of a violation of this section, the court, shall order the division of vehicles to suspend the driving privilege of such offender for 90 days. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for 90 days whether or not that person has a driver's license.

(4) Upon a third or subsequent conviction of a violation of this section, the court shall order the division of vehicles to suspend the driving privilege of such offender for one year. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for one year whether or not that person has a driver's license.

(D) This section shall not apply to the possession and consumption of cereal malt beverage by a person under the legal age for consumption of cereal malt beverage when such possession and consumption is permitted and supervised, and such beverage is furnished, by the person's parent or legal guardian.

(E) A person and, if applicable, one or two other persons acting in concert with such person are immune from criminal prosecution for a violation of this section if such person:

(1) (a) Initiated contact with law enforcement or emergency medical services and requested medical assistance on such person’s behalf because such person reasonably believed such person was in need of medical assistance; and

(b) Cooperated with emergency medical services personnel and law enforcement officers in providing such medical assistance;

(2) (a) Initiated contact with law enforcement or emergency medical services, or was one of one or two other persons who acted in concert with such person, and requested medical assistance for another person who reasonably appeared to be in need of medical assistance;

(b) Provided their full name, the name of one or two other persons acting in concert with such person, if applicable, and any other relevant information requested by law enforcement or emergency medical services;

(c) Remained at the scene with the person who reasonably appeared to be in need of medical assistance until emergency medical services personnel and law enforcement officers arrived; and

(d) Cooperated with emergency medical services personnel and law enforcement officers in providing such medical assistance; or

(3) (a) was the person who reasonably appeared to be in need of medical assistance as described in subsection (E)(2) but did not initiate contact with law enforcement or emergency medical services; and

(b) cooperated with emergency medical services personnel and law enforcement officers in providing such medical assistance.

A person shall not be allowed to initiate or maintain an action against a law enforcement officer, or such officer’s employer, based on the officer’s compliance or failure to comply with this subsection.

SECTION 2. Existing Section 4-103 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby repealed, it being the intent of the Governing Body that Section 1 of this ordinance supersede it.

SECTION 3. If any section, sentence, clause, 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 part of this ordinance.

SECTION 4. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of June 2016.

APPROVED:

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Mike Amyx

Mayor

ATTEST:

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Sherri Riedemann

City Clerk

APPROVED AS TO FORM:

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Toni R. Wheeler

City Attorney

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NOTICE TO PUBLISHER

Publish once and return one Proof of Publication to the City Clerk and one to the City Attorney.