41-719. Consumption of alcoholic liquor prohibited in certain places; exemptions.
41-719
41-719. Consumption of alcoholic liquor prohibitedin certain places; exemptions.(a) (1) Except as otherwise provided herein and in K.S.A. 8-1599,and amendments thereto, noperson shall drink orconsume alcoholic liquor on the public streets, alleys, roads or highways orinside vehicles while on the public streets, alleys, roads or highways.
(2) Alcoholic liquor may be consumed at a special event held on publicstreets, alleys, roads, sidewalks or highways when a temporary permit has beenissued pursuant to K.S.A 41-2645, and amendments thereto, for such specialevent. Such special event must be approved, by ordinance or resolution, by thelocal governing body of any city, county or township where such special eventis being held. No alcoholic liquor may be consumed inside vehicles while onpublic streets, alleys, roads or highways at any such special event.
(3) No person shall remove any alcoholic liquor frominside the boundaries of a special event as designated by the governing bodyof any city, county or township.The boundaries of suchspecial event shall be clearly marked by signs, a posted map or other meanswhich reasonably identify the area in which alcoholic liquor may be possessedor consumed at such special event.
(4) No person shall possess or consume alcoholic liquor inside the premiseslicensed as a special event that was not sold or provided by the licenseeholding the temporary permit for such special event.
(b) No person shall drink or consumealcoholic liquor on private property except:
(1) On premises where the sale of liquor by the individual drink isauthorized by the club and drinking establishment act;
(2) upon private property by a person occupying such property as anowner or lessee of an owner and by the guests of such person, if no chargeis made for the serving or mixing of any drink or drinks of alcoholicliquor or for any substance mixed with any alcoholic liquor and if no saleof alcoholic liquor in violation of K.S.A. 41-803, and amendmentsthereto, takes place;
(3) in a lodging room of any hotel, motel or boarding house by theperson occupying such room and by the guests of suchperson, if no chargeis made for the serving or mixing of any drink or drinks of alcoholicliquor or for any substance mixed with any alcoholic liquor and if no saleof alcoholic liquor in violation of K.S.A. 41-803, and amendmentsthereto, takes place;
(4) in a private dining room of a hotel, motel or restaurant, if thedining room is rented or made available on a special occasion to anindividual or organization for a private party and if no sale of alcoholicliquor in violation of K.S.A. 41-803, and amendments thereto, takes place; or
(5) on the premises of a microbrewery orfarm winery, if authorized by K.S.A. 41-308a or41-308b, and amendments thereto.
(c) No person shall drink or consume alcoholic liquor on public propertyexcept:
(1) On real property leased by a city to others under theprovisions of K.S.A. 12-1740 through 12-1749, and amendmentsthereto, if such real property is actually being used for hotel or motelpurposes or purposes incidental thereto.
(2) In any state-owned or operated building or structure, and onthe surrounding premises, which is furnished to and occupied by anystate officer or employee as a residence.
(3) On premises licensed as a club or drinking establishment and located onproperty owned or operated by an airport authority createdpursuant to chapter 27 of the Kansas Statutes Annotated, and amendmentsthereto, or established by a city.
(4) On the state fair grounds on the day of any race held thereonpursuant to the Kansas parimutuel racing act.
(5) On the state fairgrounds, if: (A) The alcoholicliquor is domestic beer or wine or wineimported under subsection (e) of K.S.A. 41-308a, and amendments thereto, andis consumed only for purposes of judging competitions; (B) the alcoholicliquor iswine or beer and is sold and consumed during the days of the Kansas state fairon premises leased by the state fair board to a person who holds a temporarypermit issued pursuant to K.S.A. 41-2645, and amendments thereto, authorizingthe sale and serving of such wine or beer, or both; or (C) the alcoholicliquor is consumed onnonfair days in conjunction with bona fide scheduled events involving not lessthan 75 invited guests and the state fair board, in its discretion,authorizes the consumption of the alcoholic liquor, subject to anyconditions or restrictions theboard may require.
(6) In the state historical museumprovided for by K.S.A. 76-2036, and amendments thereto, on thesurrounding premises and in any other building on such premises, asauthorized by rules and regulations of the statehistorical society.
(7) On the premises of any state-owned historic site under thejurisdictionand supervision of the state historical society, on the surrounding premisesand in any other building on such premises, as authorized by rules andregulations of the state historical society.
(8) In a lake resort within the meaning of K.S.A. 32-867, and amendmentsthereto, on state-owned or leased property.
(9) In the Hiram Price Dillon house or on its surrounding premises,subject to limitations established in policies adopted by thelegislative coordinating council, as provided by K.S.A. 75-3682, andamendments thereto.
(10) On the premises of any Kansas national guard regionaltraining center or armory, and any building on such premises, asauthorized byrules and regulations of the adjutant general and upon approval of the Kansasmilitary board.
(11) On property exempted from this subsection (c) pursuantto subsection (d), (e), (f), (g) or (h).
(d) Any city may exempt, by ordinance, from the provisionsof subsection (c) specified property the title of which is vested in such city.
(e) The board of county commissioners of any county mayexempt, by resolution, from the provisions of subsection (c) specified propertythe title of which is vestedin such county.
(f) The state board of regents may exempt from theprovisions of subsection (c)the Sternberg museum on the campus of Fort Hays state university, or otherspecified property which is under the control of such boardand which is not used for classroom instruction, where alcoholic liquor maybe consumed in accordance with policies adopted by such board.
(g) The board of regents of Washburn university may exemptfrom the provisions of subsection (c) the Mulvane art center and the BradburyThompson alumni center on the campus of Washburn university, and otherspecified property the title of which is vested in such board and which is notused for classroom instruction, where alcoholic liquor may be consumed inaccordance with policies adopted by such board.
(h) The board of trustees of a community college may exemptfrom theprovisions of subsection (c) specified property which is under the control ofsuch board and which is not used for classroom instruction, where alcoholicliquor may be consumed in accordance with policies adopted by such board.
(i) Violation of any provision of this section is amisdemeanor punishableby a fine of not less than $50 or more than $200 or by imprisonment fornot more than six months, or both.
(j) For the purposes of this section, "special event" means a picnic,bazaar, festival or other similar community gathering, which has been approvedby the local governing body of any city, county or township.
History: L. 1949, ch. 242, § 82;L. 1968, ch. 35, § 1;L. 1969, ch. 242, § 1;L. 1971, ch. 175, § 1;L. 1975, ch. 251, § 1;L. 1979, ch. 153, § 13;L. 1981, ch. 200, § 1;L. 1987, ch. 182, § 54;L. 1988, ch. 165, § 3;L. 1990, ch. 180, § 2;L. 1991, ch. 143, § 1;L. 1992, ch. 269, § 1;L. 1995, ch. 59, § 1;L. 1998, ch. 92, § 8;L. 1998, ch. 191, § 4;L. 1999, ch. 153, § 2;L. 2000, ch. 166, § 3;L. 2002, ch. 139, § 1;L. 2005, ch. 201, § 11;L. 2006, ch. 206, § 1;L. 2008, ch. 126, § 7;L. 2009, ch. 114, § 9; July 1.