Title 11 - Peace, Morals and Safety

11.48.110 Persons under 21 Years of Age - Possession, Consumption and Receiving Intoxicating Liquor - Prohibited.

1. A.
   No person under the age of 21 shall possess, consume, obtain, purchase or attempt to obtain or purchase any intoxicating liquor except as authorized by law.
2. B.
   This Section shall not apply to the possession and consumption of cereal malt beverage by a person under the age of 21 when the possession and consumption are permitted and supervised and the beverage is furnished by the person's parent or legal guardian.
3. C.
   Provided further, this Section shall not prohibit any person 18 or over from serving intoxicating liquor as permitted by K.S.A. 41-308a, 41-308b, 41-727a, 41-2610, 41-2652, 41-2704 or 41-2727, and amendments thereto, and subject to any rules and regulations adopted pursuant to such statutes.
4. D.
   Any person who is convicted of a violation of this Section or diverted in lieu of further criminal proceedings shall be required to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008 and amendments thereto and to pay a fee for such evaluation.
5. E.
   Violations of this Section is a class C violation and shall be punishable by a fine of not less than $200.00 and not more than $500.00. In addition, the Court may assess a jail sentence of not more than thirty days.
6. F.
   In addition to any other penalty provided for a violation of this section,

   1. 1.
      The court may order the offender to do either or both of the following:

      1. a.
         Perform 40 hours of public service; or
      2. b.
         Attend and satisfactorily complete a suitable education or training program dealing with the effects of alcohol or other chemical substances when ingested by humans; and
   2. 2.
      Upon a first conviction of a violation of this Section, the court shall order the division of vehicles to suspend the driving privileges 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 the person has a driver’s license.
   3. 3.
      Upon a second conviction of a violation of this Section, the court shall order the division of vehicles to suspend the driving privileges 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 the person has a driver’s license.
   4. 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 privileges 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 the person has a driver’s license.
7. G.
   A law enforcement officer may request a person under 21 years of age to submit to a preliminary screening test of the person's breath to determine if alcohol has been consumed by such person if the officer has reasonable grounds to believe that the person has alcohol in the person's body except that, if the officer has reasonable grounds to believe the person has been operating or attempting to operate a vehicle under the influence of alcohol, the provisions of K.S.A. 8-1012, and amendments thereto, shall apply. No waiting period shall apply to the use of a preliminary breath test under this subsection. If the person submits to the test, the results shall be used for the purpose of assisting law enforcement officers in determining whether to charge a violation of this Section. A law enforcement officer may charge a person based in whole or in part upon the results of a preliminary screening test. Such results or a refusal to submit to a preliminary breath test shall be admissible in court in any criminal action, but are not per se proof that the person has violated this Section. The person may present to the court evidence to establish the positive preliminary screening test was not the result of a violation of this Section.
8. H.
   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 prohibiting the acts prohibited by this Section, if such person:

   1. 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. 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. 3.
      (a) Was the person who reasonably appeared to be in need of medical assistance as described in subsection H(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.
9. I.
   A person shall not be allowed to initiate or maintain an action against a law enforcement officer, or the City, based on the officer’s compliance or failure to comply with subsection H.

(History: Ord. POC-3367 §2, 2022; Ord. POC-2751 §1, 2008; POC-2500 §1, 2004; POC-2311 §1, 2001; POC-2200 §1, 99; POC-1631 §2, 90; POC-1597 §1, 89; POC-1459 §2, 87; POC-1321 §2, 85; POC-625; POC-598) [Prior source of law: 5.12.120] (State Law: K.S.A. 41-727)

Effective on: 1/1/1901