Session of 1998
HOUSE BILL No. 2623
By Representative McCreary
1-15
9
AN ACT prohibiting possession or consumption
of alcoholic liquor and
10 cereal malt beverage
on school district property or grounds; amending
11 K.S.A. 1997 Supp.
41-719 and repealing the existing section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A. 1997 Supp.
41-719 is hereby amended to read as
15 follows: 41-719. (a) No person shall drink
or consume alcoholic liquor on
16 the public streets, alleys, roads or
highways or inside vehicles while on
17 the public streets, alleys, roads or
highways.
18 (b) No person shall
possess, drink or consume alcoholic liquor or ce-
19 real malt beverage in or on any school
property or grounds upon which
20 is located a building or other structure
used by a unified school district
21 for instruction, attendance or
extracurricular activities of pupils enrolled
22 in kindergarten or any of the grades 1
through 12 or at any regularly
23 scheduled school sponsored activity or
event.
24 (b)
(c) No person shall drink or consume alcoholic liquor on
private
25 property except:
26 (1) On premises where the
sale of liquor by the individual drink is
27 authorized by the club and drinking
establishment act;
28 (2) upon private property by
a person occupying such property as an
29 owner or lessee of an owner and by the
guests of such person, if no charge
30 is made for the serving or mixing of any
drink or drinks of alcoholic liquor
31 or for any substance mixed with any
alcoholic liquor and if no sale of
32 alcoholic liquor in violation of K.S.A.
41-803, and amendments thereto,
33 takes place;
34 (3) in a lodging room of any
hotel, motel or boarding house by the
35 person occupying such room and by the
guests of such person, if no
36 charge is made for the serving or mixing of
any drink or drinks of alcoholic
37 liquor or for any substance mixed with any
alcoholic liquor and if no sale
38 of alcoholic liquor in violation of K.S.A.
41-803, and amendments thereto,
39 takes place;
40 (4) in a private dining room
of a hotel, motel or restaurant, if the
41 dining room is rented or made available on
a special occasion to an in-
42 dividual or organization for a private
party and if no sale of alcoholic liquor
43 in violation of K.S.A. 41-803, and
amendments thereto, takes place; or
HB 2623
2
1 (5) on the premises of
a microbrewery or farm winery, if authorized
2 by K.S.A. 41-308a or 41-308b, and
amendments thereto.
3 (c)
(d) No person shall drink or consume alcoholic liquor on
public
4 property except:
5 (1) On real property
leased by a city to others under the provisions
6 of K.S.A. 12-1740 through 12-1749,
and amendments thereto, if such real
7 property is actually being used for
hotel or motel purposes or purposes
8 incidental thereto.
9 (2) In any state-owned
or operated building or structure, and on the
10 surrounding premises, which is furnished to
and occupied by any state
11 officer or employee as a residence.
12 (3) On premises licensed as a
club or drinking establishment and
13 located on property owned or operated by an
airport authority created
14 pursuant to chapter 27 of the Kansas
Statutes Annotated or established
15 by a city having a population of more than
200,000.
16 (4) On the state fair grounds
on the day of any race held thereon
17 pursuant to the Kansas parimutuel racing
act.
18 (5) On the state fairgrounds,
if such liquor is domestic wine or wine
19 imported under subsection (e) of K.S.A.
41-308a, and amendments
20 thereto, and is consumed only for purposes
of judging competitions.
21 (6) In the state historical
museum provided for by K.S.A. 76-2036,
22 and amendments thereto, on the surrounding
premises and in any other
23 building on such premises, as authorized by
rules and regulations of the
24 state historical society.
25 (7) On the premises of any
state-owned historic site under the juris-
26 diction and supervision of the state
historical society, on the surrounding
27 premises and in any other building on such
premises, as authorized by
28 rules and regulations of the state
historical society.
29 (8) On property exempted from
this subsection (c) pursuant to sub-
30 section (d), (e), (f), (g)
or, (h) or (i).
31 (d)
(e) Any city may exempt, by ordinance, from the provisions
of
32 subsection (c) (d)
specified property the title of which is vested in such
33 city.
34 (e)
(f) The board of county commissioners of any county may
exempt,
35 by resolution, from the provisions of
subsection (c) (d) specified property
36 the title of which is vested in such
county.
37 (f)
(g) The state board of regents may exempt from the
provisions of
38 subsection (c) (d)
specified property which is under the control of such
39 board and which is not used for classroom
instruction, where alcoholic
40 liquor may be consumed in accordance with
policies adopted by such
41 board.
42 (g)
(h) The board of regents of Washburn university may exempt
from
43 the provisions of subsection
(c) (d) the Mulvane art center and the
Brad-
HB 2623
3
1 bury Thompson alumni center on the
campus of Washburn university,
2 and other specified property the
title of which is vested in such board
3 and which is not used for classroom
instruction, where alcoholic liquor
4 may be consumed in accordance with
policies adopted by such board.
5 (h)
(i) Any city may exempt, by ordinance, from the provisions
of
6 subsection (c)
(d) any national guard armory in which such city has a
7 leasehold interest, if the Kansas
military board consents to the exemption.
8 (i)
(j) Violation of any provision of this section is a
misdemeanor pun-
9 ishable by a fine of not less than
$50 or more than $200 or by impris-
10 onment for not more than six months, or
both.
11 Sec. 2. K.S.A. 1997 Supp.
41-719 is hereby repealed.
12 Sec. 3. This act shall take
effect and be in force from and after its
13 publication in the statute book.
14