41-727. Purchase or consumption of alcoholic beverage by minor; penalty; exceptions; tests.
41-727
41-727. Purchase or consumption of alcoholicbeverage by minor; penalty; exceptions; tests.(a) Except with regard toserving of alcoholic liquor or cereal malt beverage as permitted byK.S.A. 41-308a, 41-308b, 41-727a, 41-2610, 41-2652, 41-2704and 41-2727, and amendments thereto,and subject to any rules and regulations adopted pursuant to suchstatutes, no person under 21 years of age shall possess, consume, obtain,purchase or attempt to obtain or purchase alcoholic liquor or cereal maltbeverage except as authorized by law.
(b) Violation of this section by a person 18 ormore years of age but lessthan 21 years of age is aclass C misdemeanor for which the minimum fine is $200.
(c) Any person less than 18 years of age who violates this section is ajuvenile offender under the revised Kansas juvenile justice code.Uponadjudication thereof and as acondition of disposition, the court shall require the offender to pay afine of not less than $200 nor more than $500.
(d) In addition to any other penalty provided for aviolation of this section: (1) The court may order the offender to doeither or both ofthe following:
(A) Perform 40 hours of public service; or
(B) attend and satisfactorily complete a suitableeducational ortraining program dealing with the effects of alcohol or other chemicalsubstances when ingested by humans.
(2) Upon a first conviction of a violation of this section, the courtshall order the division of vehicles to suspend thedriving privilege of such offender for 30 days.Upon receipt of the court order, the division shall notify the violator andsuspend the driving privileges of the violator for 30 days whether or not thatperson has a driver's license.
(3) Upon a second conviction of a violation of this section, the court shallorder the division of vehicles to suspend the driving privilege of suchoffender for 90 days. Upon receipt of the court order, the division shallnotify the violator and suspend the driving privileges of the violator for 90days whether or not that person has a driver's license.
(4) Upon a third or subsequent conviction of a violation of this section, thecourt shall order the division of vehicles to suspend the driving privilege ofsuch offender for one year. Upon receipt of the court order, the division shallnotify the violator and suspend the driving privileges of the violator for oneyear whether or not that person has a driver's license.
(e) This section shall not apply to the possession and consumption ofcereal malt beverage by a person under the legal age for consumption ofcereal malt beverage when such possession and consumption is permitted andsupervised, and such beverage is furnished, by the person's parent or legalguardian.
(f) Any city ordinance or county resolution prohibiting the actsprohibited by this section shall provide a minimum penalty which isnot less than the minimum penalty prescribed by this section.
(g) A law enforcement officer may request a person under 21 years of ageto submit to a preliminary screening test of the person's breath to determineifalcohol has been consumed by such person if the officer has reasonable groundsto believe that the person has alcohol in the person's body except that, if theofficer has reasonable grounds to believe the person has been operating orattempting to operate a vehicle under the influence of alcohol, the provisionsof K.S.A. 8-1012, and amendments thereto, shall apply. No waiting periodshall apply to the use of a preliminary breath test under this subsection. Ifthe personsubmits to the test, the results shall be used for the purpose of assisting lawenforcement officers in determining whether an arrest should be made forviolation of this section. A law enforcement officer may arrest a person basedin whole or in part upon the results of a preliminary screening test. Suchresults or a refusal to submit to a preliminary breath test shall be admissiblein court in any criminal action, but are notper se proof that the person has violated this section. The personmay present to the court evidence to establish the positive preliminaryscreening test was not the result of a violation of this section.
(h) This section shall be part of and supplemental to theKansasliquor control act.
History: L. 1985, ch. 173, § 2;L. 1987, ch. 182, § 55;L. 1988, ch. 165, § 9;L. 1990, ch. 179, § 4;L. 1994, ch. 300, § 1;L. 1996, ch. 229, § 115;L. 2000, ch. 166, § 4;L. 2001, ch. 200, § 9;L. 2004, ch. 94, § 3;L. 2006, ch. 173, § 7;L. 2007, ch. 195, § 26; July 1.