08-10463 Furnishing Alcohol & CMB to Minor1
1
(Published in the Salina Journal on August Al, 2008.)
ORDINANCE NUMBER 08-10463
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE V, SECTIONS 25-81 AND
25-82 OF THE SALINA CODE PERTAINING TO FURNISHING ALCOHOLIC AND
CEREAL MALT BEVERAGES TO A MINOR AND REPEALING EXISTING SECTIONS
25-81 AND 25-82.
BE IT ORDAINED by the governing body of the city of Salina, Kansas:
Section 1. That Sections 25-81 and 25-82 of Chapter 25, Article V of the Salina Code are
hereby amended and reads as follows:
"Sec. 25-81. Furnishing alcoholic liquor to a minor.
(a) Furnishing alcoholic liquor to a minor is directly or indirectly, selling to, buying for, giving
or furnishing any alcoholic liquor to any person under twenty-one (2 1) years of age.
(b) It shall be a defense to a prosecution under this section if:
(1) The defendant is a licensed retailer, club, drinking establishment or caterer or holds a
temporary permit, or an employee thereof;
(2) The defendant sold the alcoholic liquor to the minor with reasonable cause to believe
that the minor was 21 or more years of age or of legal age for the consumption of
alcoholic liquor; and
(3) To purchase the alcoholic liquor, the person exhibited to the defendant a driver's
license, Kansas non -driver's identification card or other official or apparently
official document, that reasonably appears to contain a photograph of the minor and
purporting to establish that such minor was 21 or more years of age or of legal age
for the consumption of alcoholic liquor.
Furnishing alcoholic liquor to a minor is a Class B misdemeanor for which the minimum fine is two
hundred dollars ($200.00).
Sec. 25-82. Furnishing cereal malt beverage to a minor.
(a) Furnishing cereal malt beverage to a minor is directly or indirectly, selling to, buying for,
giving or furnishing any cereal malt beverage to any person under twenty-one (21) years of
age.
(b) This section shall not apply to the furnishing of cereal malt beverage by a parent or legal
guardian to such parent's child or such guardian's ward when such furnishing is permitted
and supervised by the child or ward's parent or legal guardian.
(c) It shall be a defense to a prosecution under this section if.
(1) The defendant is a licensed retailer, club, drinking establishment or caterer or holds a
temporary permit, or an employee thereof;
(2) The defendant sold the cereal malt beverage to the minor with reasonable cause to
believe that the minor was 21 or more years of age or of legal age for the
consumption of cereal malt beverage; and
(3) To purchase the cereal malt beverage, the person exhibited to the defendant a
driver's license, Kansas non -driver's identification card or other official. or
apparently official document, that reasonably appears to contain a photograph of the
minor and purporting to establish that such minor was 21 or more years of age or of
legal age for the consumption of cereal malt beverage.
Furnishing cereal malt beverage to a minor is a Class B misdemeanor for which the minimum fine
is two hundred dollars ($200.00)."
Section 2. That the existing Sections 25-81 and 25-82 are hereby repealed.
Section 3. That this ordinance shall be in full force and effective after its publication once
in the official city newspaper.
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, 'ty Clerk
Introduced: August 25, 2008
Passed: Augus 25, 2008
John Vanier II, Mayor