Session of 1998
SENATE BILL No. 625
By Senator Goodwin
2-11
9
AN ACT concerning alcoholic liquor and cereal
malt beverage; relating
10 to possession or
consumption on school property; amending K.S.A.
11 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
drink or consume alcoholic liquor on private
19 property except:
20 (1) On premises where
the sale of liquor by the individual drink is
21 authorized by the club and drinking
establishment act;
22 (2) upon private
property by a person occupying such property as an
23 owner or lessee of an owner and by the
guests of such person, if no charge
24 is made for the serving or mixing of any
drink or drinks of alcoholic liquor
25 or for any substance mixed with any
alcoholic liquor and if no sale of
26 alcoholic liquor in violation of K.S.A.
41-803, and amendments thereto,
27 takes place;
28 (3) in a lodging room of
any hotel, motel or boarding house by the
29 person occupying such room and by the
guests of such person, if no
30 charge is made for the serving or mixing of
any drink or drinks of alcoholic
31 liquor or for any substance mixed with any
alcoholic liquor and if no sale
32 of alcoholic liquor in violation of K.S.A.
41-803, and amendments thereto,
33 takes place;
34 (4) in a private dining
room of a hotel, motel or restaurant, if the
35 dining room is rented or made available on
a special occasion to an in-
36 dividual or organization for a private
party and if no sale of alcoholic liquor
37 in violation of K.S.A. 41-803, and
amendments thereto, takes place; or
38 (5) on the premises of a
microbrewery or farm winery, if authorized
39 by K.S.A. 41-308a or 41-308b, and
amendments thereto.
40 (c) No person shall
drink or consume alcoholic liquor on public prop-
41 erty except:
42 (1) On real property
leased by a city to others under the provisions
43 of K.S.A. 12-1740 through 12-1749, and
amendments thereto, if such real
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2
1 property is actually being used for
hotel or motel purposes or purposes
2 incidental thereto.
3 (2) In any
state-owned or operated building or structure, and on the
4 surrounding premises, which is
furnished to and occupied by any state
5 officer or employee as a
residence.
6 (3) On premises
licensed as a club or drinking establishment and
7 located on property owned or operated
by an airport authority created
8 pursuant to chapter 27 of the Kansas
Statutes Annotated or established
9 by a city having a population of more
than 200,000.
10 (4) On the state fair
grounds on the day of any race held thereon
11 pursuant to the Kansas parimutuel racing
act.
12 (5) On the state
fairgrounds, if such liquor is domestic wine or wine
13 imported under subsection (e) of K.S.A.
41-308a, and amendments
14 thereto, and is consumed only for purposes
of judging competitions.
15 (6) In the state
historical museum provided for by K.S.A. 76-2036,
16 and amendments thereto, on the surrounding
premises and in any other
17 building on such premises, as authorized by
rules and regulations of the
18 state historical society.
19 (7) On the premises of
any state-owned historic site under the juris-
20 diction and supervision of the state
historical society, on the surrounding
21 premises and in any other building on such
premises, as authorized by
22 rules and regulations of the state
historical society.
23 (8) On property exempted
from this subsection (c) pursuant to sub-
24 section (d),
(e), (f), (g) or, (h), or
(i).
25 (d) No person shall
possess, drink or consume alcoholic liquor or ce-
26 real malt beverage on any school
property or grounds upon which is
27 located a building or other structure
used by a unified school district or
28 an accredited nonpublic school for
student instruction, attendance or ex-
29 tracurricular activities of pupils
enrolled in kindergarten or any of the
30 grades one through 12 or at any
regularly scheduled school sponsored
31 activity or event.
32 (e) Any city may
exempt, by ordinance, from the provisions of sub-
33 section (c) specified property the title of
which is vested in such city.
34
(e) (f) The board of
county commissioners of any county may exempt,
35 by resolution, from the provisions of
subsection (c) specified property the
36 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) specified property which is
under the control of such board
39 and which is not used for classroom
instruction, where alcoholic liquor
40 may be consumed in accordance with policies
adopted by such board.
41
(g) (h) The board of
regents of Washburn university may exempt from
42 the provisions of subsection (c) the
Mulvane art center and the Bradbury
43 Thompson alumni center on the campus of
Washburn university, and
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3
1 other specified property the title of
which is vested in such board and
2 which is not used for classroom
instruction, where alcoholic liquor may
3 be consumed in accordance with
policies adopted by such board.
4
(h) (i) Any city may
exempt, by ordinance, from the provisions of
5 subsection (c) any national guard
armory in which such city has a lease-
6 hold interest, if the Kansas military
board consents to the exemption.
7
(i) (j) Violation of any
provision of this section is a misdemeanor pun-
8 ishable by a fine of not less than
$50 or more than $200 or by impris-
9 onment for not more than six months,
or both.
10 Sec. 2. K.S.A. 1997
Supp. 41-719 is hereby repealed.
11 Sec. 3. This act
shall take effect and be in force from and after its
12 publication in the statute book.
13