CHAPTER 153
SENATE BILL No. 15
An Act concerning alcoholic beverages; relating to the
regulation and consumption thereof;
amending K.S.A. 1998 Supp. 41-201 and 41-719 and repealing
the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1998 Supp. 41-201
is hereby amended to read as
follows: 41-201. (a) The director of alcoholic beverage control and
agents
and employees of the director designated by the director, with the
ap-
proval of the secretary of revenue, are hereby vested with the
power and
authority of peace and police officers, in the execution of the
duties im-
posed upon the director of alcoholic beverage control by this act
and in
enforcing the provisions of this act and the provisions of
K.S.A. 1998
Supp. 8-1599.
(b) The director and each agent and
employee designated by the
director under subsection (a), with the approval of the secretary
of rev-
enue, shall have the authority to make arrests, conduct searches
and sei-
zures and carry firearms while investigating violations of this act
or vio-
lations of K.S.A. 1998 Supp. 8-1599 and during the
routine conduct of
their duties as determined by the director or designee. In addition
to the
above, the director and such agents and employees shall have the
au-
thority to make arrests, conduct searches and seizures and
generally to
enforce all the criminal laws of the state as violations of those
laws are
encountered by such employees or agents during the routine
perform-
ance of their duties. In addition to or in lieu of the above, the
director
and the director's agents and employees shall have the authority to
issue
notices to appear pursuant to K.S.A. 22-2408, and amendments
thereto.
No agent or employee of the director shall be certified to carry
firearms
under the provisions of this section without having first
successfully com-
pleted the firearm training course or courses prescribed for law
enforce-
ment officers under subsection (a) of K.S.A. 74-5604a, and
amendments
thereto. The director may adopt rules and regulations prescribing
other
training required for such agents or employees.
(c) The attorney general shall appoint,
with the approval of the sec-
retary of revenue, an assistant attorney general who shall be the
attorney
for the director of alcoholic beverage control and the division of
alcoholic
beverage control, and who shall receive an annual salary fixed by
the
attorney general with the approval of the director of alcoholic
beverage
control and the state finance council.
Sec. 2. K.S.A. 1998 Supp. 41-719 is
hereby amended to read as fol-
lows: 41-719. (a) No person shall drink or consume alcoholic liquor
on
the public streets, alleys, roads or highways or inside vehicles
while on
the public streets, alleys, roads or highways.
(b) No person shall drink or consume
alcoholic liquor on private
property except:
(1) On premises where the sale of liquor
by the individual drink is
authorized by the club and drinking establishment act;
(2) upon private property by a person
occupying such property as an
owner or lessee of an owner and by the guests of such person, if no
charge
is made for the serving or mixing of any drink or drinks of
alcoholic liquor
or for any substance mixed with any alcoholic liquor and if no sale
of
alcoholic liquor in violation of K.S.A. 41-803, and amendments
thereto,
takes place;
(3) in a lodging room of any hotel, motel
or boarding house by the
person occupying such room and by the guests of such person, if
no
charge is made for the serving or mixing of any drink or drinks of
alcoholic
liquor or for any substance mixed with any alcoholic liquor and if
no sale
of alcoholic liquor in violation of K.S.A. 41-803, and amendments
thereto,
takes place;
(4) in a private dining room of a hotel,
motel or restaurant, if the
dining room is rented or made available on a special occasion to an
in-
dividual or organization for a private party and if no sale of
alcoholic liquor
in violation of K.S.A. 41-803, and amendments thereto, takes place;
or
(5) on the premises of a microbrewery or
farm winery, if authorized
by K.S.A. 41-308a or 41-308b, and amendments thereto.
(c) No person shall drink or consume
alcoholic liquor on public prop-
erty except:
(1) On real property leased by a city to
others under the provisions
of K.S.A. 12-1740 through 12-1749, and amendments thereto, if such
real
property is actually being used for hotel or motel purposes or
purposes
incidental thereto.
(2) In any state-owned or operated
building or structure, and on the
surrounding premises, which is furnished to and occupied by any
state
officer or employee as a residence.
(3) On premises licensed as a club or
drinking establishment and
located on property owned or operated by an airport authority
created
pursuant to chapter 27 of the Kansas Statutes Annotated or
established
by a city having a population of more than 200,000.
(4) On the state fair grounds on the day
of any race held thereon
pursuant to the Kansas parimutuel racing act.
(5) On the state fairgrounds, if such
liquor is domestic wine or wine
imported under subsection (e) of K.S.A. 41-308a, and amendments
thereto, and is consumed only for purposes of judging
competitions.
(6) In the state historical museum
provided for by K.S.A. 76-2036,
and amendments thereto, on the surrounding premises and in any
other
building on such premises, as authorized by rules and regulations
of the
state historical society.
(7) On the premises of any state-owned
historic site under the juris-
diction and supervision of the state historical society, on the
surrounding
premises and in any other building on such premises, as authorized
by
rules and regulations of the state historical society.
(8) In a lake resort within the meaning
of K.S.A. 32-867, and amend-
ments thereto, on state-owned or leased property.
(9) In the Hiram Price Dillon house or
on its surrounding premises,
subject to limitations established in policies adopted by the
legislative
coordinating council, as provided by K.S.A. 75-3682, and
amendments
thereto.
(10) On the premises of the Kansas
national guard regional training
center located in Saline county, and any building on such
premises, as
authorized by rules and regulations of the adjutant general and
upon
approval of the Kansas military board.
(9) (11) On
property exempted from this subsection (c) pursuant to
subsection (d), (e), (f), (g) or (h).
(d) Any city may exempt, by ordinance,
from the provisions of sub-
section (c) specified property the title of which is vested in such
city.
(e) The board of county commissioners of
any county may exempt,
by resolution, from the provisions of subsection (c) specified
property the
title of which is vested in such county.
(f) The state board of regents may exempt
from the provisions of
subsection (c) specified property which is under the control of
such board
and which is not used for classroom instruction, where alcoholic
liquor
may be consumed in accordance with policies adopted by such
board.
(g) The board of regents of Washburn
university may exempt from
the provisions of subsection (c) the Mulvane art center and the
Bradbury
Thompson alumni center on the campus of Washburn university,
and
other specified property the title of which is vested in such board
and
which is not used for classroom instruction, where alcoholic liquor
may
be consumed in accordance with policies adopted by such board.
(h) Any city may exempt, by ordinance,
from the provisions of sub-
section (c) any national guard armory in which such city has a
leasehold
interest, if the Kansas military board consents to the
exemption.
(i) The provisions of subsection
(c) shall not apply to functions or
activities held in the Hiram Price Dillon house or on its
surrounding
premises, except to the extent limitations are established
in policies
adopted by the legislative coordinating council, as
provided by K.S.A. 75-
3682, and amendments thereto.
(j) (i) Violation
of any provision of this section is a misdemeanor pun-
ishable by a fine of not less than $50 or more than $200 or by
impris-
onment for not more than six months, or both.
Sec. 3. K.S.A. 1998 Supp. 41-719 is
hereby amended to read as fol-
lows: 41-719. (a) No person shall drink or consume alcoholic liquor
on
the public streets, alleys, roads or highways or inside vehicles
while on
the public streets, alleys, roads or highways.
(b) No person shall drink or consume
alcoholic liquor on private
property except:
(1) On premises where the sale of liquor
by the individual drink is
authorized by the club and drinking establishment act;
(2) upon private property by a person
occupying such property as an
owner or lessee of an owner and by the guests of such person, if no
charge
is made for the serving or mixing of any drink or drinks of
alcoholic liquor
or for any substance mixed with any alcoholic liquor and if no sale
of
alcoholic liquor in violation of K.S.A. 41-803, and amendments
thereto,
takes place;
(3) in a lodging room of any hotel, motel
or boarding house by the
person occupying such room and by the guests of such person, if
no
charge is made for the serving or mixing of any drink or drinks of
alcoholic
liquor or for any substance mixed with any alcoholic liquor and if
no sale
of alcoholic liquor in violation of K.S.A. 41-803, and amendments
thereto,
takes place;
(4) in a private dining room of a hotel,
motel or restaurant, if the
dining room is rented or made available on a special occasion to an
in-
dividual or organization for a private party and if no sale of
alcoholic liquor
in violation of K.S.A. 41-803, and amendments thereto, takes place;
or
(5) on the premises of a microbrewery or
farm winery, if authorized
by K.S.A. 41-308a or 41-308b, and amendments thereto.
(c) No person shall drink or consume
alcoholic liquor on public prop-
erty except:
(1) On real property leased by a city to
others under the provisions
of K.S.A. 12-1740 through 12-1749, and amendments thereto, if such
real
property is actually being used for hotel or motel purposes or
purposes
incidental thereto.
(2) In any state-owned or operated
building or structure, and on the
surrounding premises, which is furnished to and occupied by any
state
officer or employee as a residence.
(3) On premises licensed as a club or
drinking establishment and
located on property owned or operated by an airport authority
created
pursuant to chapter 27 of the Kansas Statutes Annotated or
established
by a city having a population of more than 200,000.
(4) On the state fair grounds on the day
of any race held thereon
pursuant to the Kansas parimutuel racing act.
(5) On the state fairgrounds, if such
liquor is domestic wine or wine
imported under subsection (e) of K.S.A. 41-308a, and amendments
thereto, and is consumed only for purposes of judging
competitions.
(6) In the state historical museum
provided for by K.S.A. 76-2036,
and amendments thereto, on the surrounding premises and in any
other
building on such premises, as authorized by rules and regulations
of the
state historical society.
(7) On the premises of any state-owned
historic site under the juris-
diction and supervision of the state historical society, on the
surrounding
premises and in any other building on such premises, as authorized
by
rules and regulations of the state historical society.
(8) In a lake resort within the meaning
of K.S.A. 32-867, and amend-
ments thereto, on state-owned or leased property.
(9) In the Hiram Price Dillon house or
on its surrounding premises,
subject to limitations established in policies adopted by the
legislative
coordinating council, as provided by K.S.A. 75-3682, and
amendments
thereto.
(10) In the state capitol building or
on its surrounding premises, on
December 31, 1999, and January 1, 2000, subject to limitations
established
in policies adopted by the secretary of the department of
administration.
(9) (11) On
property exempted from this subsection (c) pursuant to
subsection (d), (e), (f), (g) or (h).
(d) Any city may exempt, by ordinance,
from the provisions of sub-
section (c) specified property the title of which is vested in such
city.
(e) The board of county commissioners of
any county may exempt,
by resolution, from the provisions of subsection (c) specified
property the
title of which is vested in such county.
(f) The state board of regents may exempt
from the provisions of
subsection (c) the Sternberg museum on the campus of Fort Hays
state
university, or other specified property which is under the
control of such
board and which is not used for classroom instruction, where
alcoholic
liquor may be consumed in accordance with policies adopted by
such
board.
(g) The board of regents of Washburn
university may exempt from
the provisions of subsection (c) the Mulvane art center and the
Bradbury
Thompson alumni center on the campus of Washburn university,
and
other specified property the title of which is vested in such board
and
which is not used for classroom instruction, where alcoholic liquor
may
be consumed in accordance with policies adopted by such board.
(h) Any city may exempt, by ordinance,
from the provisions of sub-
section (c) any national guard armory in which such city has a
leasehold
interest, if the Kansas military board consents to the
exemption.
(i) The provisions of subsection
(c) shall not apply to functions or
activities held in the Hiram Price Dillon house or on its
surrounding
premises, except to the extent limitations are established
in policies
adopted by the legislative coordinating council, as
provided by K.S.A. 75-
3682, and amendments thereto.
(j) (i) Violation
of any provision of this section is a misdemeanor pun-
ishable by a fine of not less than $50 or more than $200 or by
impris-
onment for not more than six months, or both.
Sec. 4. K.S.A. 1998 Supp. 41-201
and 41-719 are hereby repealed.
Sec. 5. This act shall take effect
and be in force from and after its
publication in the Kansas register.
Approved May 12, 1999.
Published in the Kansas Register May 20, 1999.
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