41-2615.
Possession or consumption by minor prohibited.
(a) No licensee or permit holder, or any owner, officer or employee thereof, shall knowingly or unknowingly permit the possession or consumption of alcoholic liquor or cereal malt beverage by a minor on premises where alcoholic beverages are sold by such licensee or permit holder, except that a licensee's or permit holder's employee who is not less than 18 years of age may serve alcoholic liquor or cereal malt beverage under the on-premises supervision of the licensee or permit holder, or an employee who is 21 years of age or older.
(b) Violation of this section is a misdemeanor punishable by a fine of not less than $100 and not more than $250 or imprisonment not exceeding 30 days, or both.
(c) It shall be a defense to a prosecution under this section if: (1) The defendant permitted the minor to possess or consume the alcoholic liquor or cereal malt beverage with reasonable cause to believe that the minor was 21 or more years of age; and (2) to possess or consume the alcoholic liquor or cereal malt beverage, the minor exhibited to the defendant a driver's license, Kansas nondriver's identification card or other official or apparently official document that reasonably appears to contain a photograph of the minor and purporting to establish that such minor was 21 or more years of age.
History:
L. 1965, ch. 316, § 15; L. 1987, ch. 182, § 70; L. 1993, ch. 173, § 3; L. 1994, ch. 300, § 2; L. 2008, ch. 126, § 9; July 1.
Notes of Decisions
State v. JC Sports Bar, Inc., 861 P.2d 1334 (Kan. 1993).
· cites it 15× “Song, were each acquitted of one count of violating K.S.A. 1992 Supp. 41-2615(a). The appeal is denied.”
Sanctuary, Inc. v. Smith, 733 P.2d 839 (Kan. Ct. App. 1987).
· cites it 8× “41-2633a, fined Sanctuary $500 for violating K.S.A. 41-2615. Sanctuary brought an action in small claims court against Smith to recover the $500 fine imposed by the director of ABC, alleging that Smith fraudulently used another person’s driver’s license to gain entry into the…”
State v. Lewis, 953 P.2d 1016 (Kan. 1998).
“2d 1334 (1993), this court addressed the question of whether K.S.A. 1992 Supp. 41-2615, permitting the consumption of alcohol by a minor on the premises where such alcohol is sold, was a strict liability offense.”
State v. Sleeth, 664 P.2d 883 (Kan. Ct. App. 1983).
· cites it 5× “Sleeth (defendant) was charged with sale of an alcoholic beverage to a minor, in violation of K.S.A. 41-2615. Defendant appeared before the court on July 22, 1982.”
State v. Robinson, 718 P.2d 1313 (Kan. 1986).
“2d 883 (1983), where the defendant was charged with sale of an alcoholic beverage to a minor in violation of K.S.A. 41-2615. The first sentence of 41-2615 states that no “club” shall “knowingly or unknowingly permit” a minor to consume any alcoholic beverage on its premises.”
MCJS, Inc. v. Kansas Dep't of Revenue, 311 P.3d 1147 (Kan. Ct. App. 2013).
· cites it 44× “, dba Reed’s Ringside Sports Bar and Grill (Reed’s) $500 for violating K.S.A. 41-2615 by permitting a minor to possess or consume alcohol on its premises.”
Kite's Bar & Grill, Inc. v. Kansas Dep't of Revenue, 329 P.3d 536 (Kan. Ct. App. 2014).
· cites it 2× “Our ruling on this issue then renders moot the issue of whether K.S.A. 2013 Supp. 41-2615 imposes strict liability on Kite’s to prohibit minors from possessing alcohol on its premises.”
State v. Sleeth, 638 P.2d 998 (Kan. Ct. App. 1982).
“: This appeal is from judgment of conviction under K.S.A. 41-2615, consumption of alcoholic liquor by a minor while in or on premises licensed under the provisions of K.”
— K.S.A. § 41-2615(a) — 3 cases
State v. JC Sports Bar, Inc., 861 P.2d 1334 (Kan. 1993).
“Song, were each acquitted of one count of violating K.S.A. 1992 Supp. 41-2615(a). The appeal is denied.”
Kite's Bar & Grill, Inc. v. Kansas Dep't of Revenue, 329 P.3d 536 (Kan. Ct. App. 2014).
“Our ruling on this issue then renders moot the issue of whether K.S.A. 2013 Supp. 41-2615 imposes strict liability on Kite’s to prohibit minors from possessing alcohol on its premises.”
MCJS, Inc. v. Kansas Dep't of Revenue, 311 P.3d 1147 (Kan. Ct. App. 2013).
“, dba Reed’s Ringside Sports Bar and Grill (Reed’s) $500 for violating K.S.A. 41-2615 by permitting a minor to possess or consume alcohol on its premises.”
— K.S.A. § 41-2615(b) — 2 cases
State v. JC Sports Bar, Inc., 861 P.2d 1334 (Kan. 1993).
“Song, were each acquitted of one count of violating K.S.A. 1992 Supp. 41-2615(a). The appeal is denied.”
MCJS, Inc. v. Kansas Dep't of Revenue, 311 P.3d 1147 (Kan. Ct. App. 2013).
“, dba Reed’s Ringside Sports Bar and Grill (Reed’s) $500 for violating K.S.A. 41-2615 by permitting a minor to possess or consume alcohol on its premises.”
— K.S.A. § 41-2615(c) — 1 case
MCJS, Inc. v. Kansas Dep't of Revenue, 311 P.3d 1147 (Kan. Ct. App. 2013).
“, dba Reed’s Ringside Sports Bar and Grill (Reed’s) $500 for violating K.S.A. 41-2615 by permitting a minor to possess or consume alcohol on its premises.”
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