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A. Furnishing alcoholic liquor or cereal malt beverage to a minor is directly or indirectly, selling to, buying for, giving or furnishing any alcoholic liquor or cereal malt beverage to any person under twenty-one (21) years of age.

B. Except as provided by subsections D and E, furnishing alcoholic liquor or cereal malt beverage to any person under twenty-one (21) years of age is a Class A Public Offense for which the minimum fine is:

1. Upon a first violation, a fine of Two Hundred Fifty Dollars ($250.00);

2. Upon a second violation charged within a three (3) year period of a prior violation, a fine of Five Hundred Dollars ($500.00);

3. Upon a third violation charged within a three (3) year period of a prior violation, a fine of Seven Hundred Fifty Dollars ($750.00), and

4. Upon a fourth violation charged within a three (3) year period of a prior violation, a fine of One Thousand Dollars ($1,000.00).

5. The three (3) year time period is calculated from the date the defendant is found guilty of the first violation. Any violation charged during the ensuing three (3) year time period (irrespective of the date the defendant is found guilty) is calculated towards the enhanced penalty.

C. As used in this Section, terms have the meanings provided by K.S.A. 41-102, 41-2601 and 41-2701, and amendments thereto.

D. 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; and

2. The defendant sold the alcoholic liquor or 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 alcoholic liquor or cereal malt beverage; and

3. To purchase the alcoholic liquor or cereal malt beverage, the person exhibited to the defendant a driver’s license, Kansas nondriver’s identification card or other official or apparently official document, containing 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 or cereal malt beverage. (K.S.A. 21-3610).

E. 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.

F. Upon a conviction, plea of no contest, or guilty plea for a violation of this Section, the municipal judge may order such person to complete an alcohol intervention program that trains individuals to serve and/or sell alcohol responsibly in any setting. The municipal judge may order such person to complete Training for Intervention Procedures on Premise (TIPS) or a similar alcohol intervention program. (Ord. 15-24 § 1, 2015; Ord. 13-08 § 2, 2013; Ord. 10-52 § 1, 2010; Ord. 03-90 § 2, 2003; Ord. 99-24 § 7, 1999; Ord. 93-09 § 10, 1993; Ord. 88-123 § 1, 1988; Ord. 83-75 § 2, 1983.)