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It shall be unlawful for any person to have in his or her possession any open alcoholic liquor or cereal malt beverage on private property, except:

A. On premises where the sale of liquor or cereal malt beverage by the individual drink is authorized by the Club and Drinking Establishment Act;

B. Upon private property by a person occupying such property as an owner or lessee of an owner or by the guests of such person, if no charge is made for the serving or mixing of any drink or drinks of alcoholic liquor or cereal malt beverage, or for any substance mixed with alcoholic liquor or cereal malt beverage and if no sale of alcoholic liquor in violation of K.S.A. 41-803 or cereal malt beverage in violation of K.S.A. 41-2704, and amendments thereto, takes place;

C. In a lodging room of any hotel, motel or boarding house by the person occupying such room and by the guest of such person, if no charge is made for the serving or mixing of any drink or drinks of alcoholic liquor or cereal malt beverage, or for any substance mixed with any alcoholic liquor or cereal malt beverage and if no sale of alcoholic liquor in violation of K.S.A. 41-803 or cereal malt beverage in violation of K.S.A. 41-2704, and amendments thereto, takes place;

D. In a private dining room of a hotel, motel or restaurant, if the dining room is rented or made available on a special occasion to an individual or an organization for a private party and if no sale of alcoholic liquor in violation of K.S.A. 41-803 or cereal malt beverage in violation of K.S.A. 41-2704 and amendments thereto, takes place; or

E. On the premises of a microbrewery or farm winery, if authorized by K.S.A. 41-308a or K.S.A. 41-308b, and amendments thereto.

F. Upon a conviction, plea of no contest, or guilty plea for a violation of this Section by a person 18 or more years of age but less than twenty-one (21) years of age, the municipal judge shall order such person to submit to and complete an alcohol and drug evaluation with an approved provider licensed by the behavioral sciences regulatory board pursuant to K.S.A. 8-1008 and amendments thereto and to pay a fee to the provider at the time of service not to exceed the fee established by that statute for such evaluation. If the person is indigent, the court may order the evaluation fee to be paid to the provider as part of the judgment. The person must comply with the recommendations of the alcohol and drug evaluation as directed by the court.

G. Violation of any provision of this Section is an Unclassified Public Offense, punishable by a fine of not less than Fifty Dollars ($50.00) or more than Two Hundred Dollars ($200.00) or by imprisonment for not more than six (6) months, or both. (Ord. 15-24 § 5, 2015.)