K.S.A. » Chapter 41
Kansas Statutes Annotated

K.S.A. § 41-715 (2026)

Sale of liquor to incapacitated or intoxicated person; penalties

✓ current as of May 2026
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41-715. Sale of liquor to incapacitated or intoxicated person; penalties. (a) No person shall knowingly sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person who is an incapacitated person, or any person who is physically or mentally incapacitated by the consumption of such liquor.

(b) Violation of this section is a misdemeanor punishable by a fine of not less than $100 and not exceeding $250 or imprisonment not exceeding 30 days, or both.

History: L. 1949, ch. 242, § 78; L. 1963, ch. 267, § 1; L. 1965, ch. 277, § 8; L. 1985, ch. 173, § 1; July 1.

Notes of Decisions
Cited in 15 cases, 1983–2013 · leading case: Ling v. Jan's Liquors, 703 P.2d 731 (Kan. 1985).
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Ling v. Jan's Liquors, 703 P.2d 731 (Kan. 1985). · cites it 20× “K.S.A. 41-715 now states: *638 "No minor shall represent that he is of age for the purpose of asking for, purchasing or receiving alcoholic liquor from any person except in cases authorized by law.”
Mills v. City of Overland Park, 837 P.2d 370 (Kan. 1992). · cites it 20× “One aspect of Ling is of particular significance herein, however, In Ling , liability was also sought under K.S.A. 41-715, which provides: "(a) No person shall knowingly sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic…”
Bland v. Scott, 112 P.3d 941 (Kan. 2005). · cites it 7× “K.S.A. 41-715, which prohibits the dispensing of alcoholic liquors to certain classes of persons, was intended to regulate the sale of liquor and was not intended to impose civil liability.”
Prime v. Beta Gamma Chapter of Pi Kappa Alpha, 47 P.3d 402 (Kan. 2002). · cites it 5× “2d 370 (1992), to apply only to negligence per se for violations of K.S.A. 41-715. Prime then would have the court adopt the reasoning and result of cases from other states’ courts.”
Meyers v. Grubaugh, 750 P.2d 1031 (Kan. 1988). · cites it 2× “The majority opined that the question of civil liability was best reserved for legislative action, even though the vendor’s act violated K.S.A. 41-715, which prescribes criminal penalties for providing alcohol to persons unlikely to be able to handle the consumption of alcohol.”
State v. JC Sports Bar, Inc., 861 P.2d 1334 (Kan. 1993). · cites it 2× “The pre-1987 version of 41-2615 provided: “No club licensed hereunder shall knowingly or unknowingly permit the consumption of alcoholic liquor or cereal malt beverage on its premises by a minor and no minor shall consume or attempt to consume any alcoholic liquor or cereal malt…”
Unified Sch. Dist. No. 501 v. Baker, 6 P.3d 848 (Kan. 2000). · cites it 2× “K.S.A. 41-715 prohibits the dispensing of intoxicating liquors to certain classes of persons and is a comprehensive act to regulate the manufacture, sale, and distribution of alcoholic liquors.”
State v. Lowe, 715 P.2d 404 (Kan. 1986). “21-3105 and amendments thereto or who violates the provisions of K.S.A. 41-715 or 41-2721, and amendments thereto, but does not include: (3) a person 16 years of age or over who is charged with a felony or with more than one offense of which one or more is a felony after having…”
Tobias v. Sports Club, Inc., 474 S.E.2d 450 (S.C. Ct. App. 1996). · cites it 2× “2d 656 (1965) (statute is a penal statute where no civil liability rests); Kansas, Kan.Stat.Ann. § 41-715 (1993), Mills v. City of Overland Park, 251 Kan.”
State v. Sleeth, 664 P.2d 883 (Kan. Ct. App. 1983). · cites it 3× “41-2615 provides: “No club licensed hereunder shall knowingly or unknowingly permit the consumption of alcoholic liquor or cereal malt beverage on its premises by a minor and no minor shall consume or attempt to consume any alcoholic liquor or cereal malt beverage while in or…”
State v. Magness, 732 P.2d 747 (Kan. 1987). “21-3105 and amendments thereto or who violates the provisions of K.S.A. 41-715 or 41-2721, and amendments thereto, but does not include: “(3) a person 16 years of age or over who is charged with a felony or with more than one offense of which one or more is a felony after having…”
Noone v. Chalet of Wichita, 96 P.3d 674 (Kan. Ct. App. 2004). · cites it 7× “However, citing Ling , the court concluded that neither K.S.A. 41-715 nor K.S.A. 21-3610 was intended to create civil liability for violation of their provisions.”
Show all 15 citing cases →
— K.S.A. § 41-715(a) — 1 case
Noone v. Chalet of Wichita, 96 P.3d 674 (Kan. Ct. App. 2004). “However, citing Ling , the court concluded that neither K.S.A. 41-715 nor K.S.A. 21-3610 was intended to create civil liability for violation of their provisions.”
— K.S.A. § 41-715(b) — 1 case
Noone v. Chalet of Wichita, 96 P.3d 674 (Kan. Ct. App. 2004). “However, citing Ling , the court concluded that neither K.S.A. 41-715 nor K.S.A. 21-3610 was intended to create civil liability for violation of their provisions.”
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