News Releases

9/13/2016 - Ordinance No. 16-10859 Amending Salina code Section 5-1 Pertaining to Purchase, Consumption or Possession of Alcoholic Liquor or Cereal Malt Beverage by a Minor, 2016 Edition

ORDINANCE NUMBER 16-10859

 

AN ORDINANCE AMENDING SALINA CODE SECTION 5-1 PERTAINING TO PURCHASE, CONSUMPTION OR POSSESSION OF ALCOHOLIC LIQUOR OR CEREAL MALT BEVERAGE BY A MINOR; 18-21 AND REPEALING EXISTING SECTION 5-1.

BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:

Section 1.  Amendments.  Salina Code Section 5-1 is amended to read as follows:

Sec. 5-1.  Purchase, consumption or possession of alcoholic liquor or cereal malt beverage by a minor; 18-21.

  1. Except with regard to serving of 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.
  2. In addition to any other penalty provided for a violation of this section:

(1) The court 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.

(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.

(c) 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.

(d) (1) 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:

(A) (i) 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

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

(B) (i) 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;

(ii) 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;

(iii) 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

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

(C) (i) Was the person who reasonably appeared to be in need of medical assistance as described in subsection (d)(1)(B), but did not initiate contact with law enforcement or emergency medical services; and

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

(2) 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. (K.S.A. Supp. 41-727)

 

Violation of this section by a person 18 or more years of age but less than 21 years of age is a Class C violation for which the minimum fine is $200.

Section 2.  Repealer.  Existing Salina Code Section 5-1 is repealed.

Section 3.  Effective.  This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper by the following summary.

Ordinance No. 16-10859 Summary 

On September 12, 2016, the City of Salina, Kansas, passed Ordinance No. 16-10859.  The ordinance amends Salina Code Section 5-1 pertaining to purchase, consumption or possession of alcoholic liquor or cereal malt beverage by a minor; 18-21. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge.  This summary is certified by the city attorney.

 

                                                                              Introduced: September 12, 2016

                                                                              Passed:        September 12, 2016

                                                                   

 

                                                                              Kaye J. Crawford, Mayor

[SEAL]

ATTEST:

Shandi Wicks, CMC, City Clerk 

Certification of Publication Summary:

_________________________________

Greg Bengtson, City Attorney