9.06.080 Purchase or Consumption of Alcoholic or Cereal Malt Beverage by Minor; Penalty.
A. 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 or 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.
B. Upon a conviction, plea of no contest, or guilty plea for violation of this Section by a person 18 or more years of age but less than 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.
C. In addition to or in lieu of 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 thirty (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 ninety (90) days. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for ninety (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 (1) year. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for one (1) year whether or not that person has a driver’s license.
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.
E. Violation of this Section by a person 18 or more years of age but less than 21 years of age is a Class C Public Offense for which the minimum fine is Two Hundred Dollars ($200.00).
F.
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 (F)(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. (Ord. 16-47 § 1, 2016; Ord. 15-24 § 8, 2015; Ord. 04-85 § 1, 2004; Ord. 03-90 § 5, 2003.)