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94-9641 Alcohol(Published in the Salina Journal August 9, 1994) INANCE NUMBER 94-9641 AN ORDINANCE AMENDING CHAPTER 5, ARTICLE I, SECTION 5-1 AND ARTICLE II, SECTION 5-21 OF THE SALINA CODE REGARDING ALCOHOLIC BEVERAGES; AND REPEALING THE EXISTING SECTION 5-72.1. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Section 5-1, Article I of Chapter 5 of the Salina Code shall read as follows: "Section 5-1. Purchase or consumption of alcoholic beverage by minor; penalty. (a) Except with regard to serving of alcoholic liquor or cereal malt beverage as permitted by state law, 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) For a violation of this section by a person 18 or more years of age but less than 21 years of age there shall be a minimum fine of $200. (c) In addition to any other penalty provided for a violation of this section, the court may order the offender to do either or both of the following: (1) Perform 40 hours of public service; or (2) Attend and satisfactorily complete a suitable educational or training program dealing with the effects of alcohol or other chemical substance when ingested by humans. (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." Section 2. That Section 5-21, Article II of Chapter 5 of the Salina Code shall be amended to read as follows: "Section 5-21. Sale of liquor to incapacitated or intoxicated person; penalties. (a) No person shall knowingly sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person who is an incapacitated person, or any person who is physically or mentally incapacitated by the consumption of such liquor. (b) Violation of this section is a misdemeanor punishable by a fine of not less than $100 and not exceeding $250 or imprisonment not exceeding 30 days, or both." Section 3. That the existing Section 5-72.1 of the Salina Code is hereby repealed. Section 4. That this ordinance shall be in full force and take effect from and after is adoption and publication once in the official city newspaper. [SEAL] ATTEST: X'16. D.kong,Cityir e Introduced: July 25, 1994 Passed: August 1, 1994 sep Warner, Mayor