CHAPTER 139 SENATE BILL No. 444 An  Act concerning alcoholic liquor; relating to consumption in certain places; amending K.S.A. 41-719 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 41-719 is hereby amended to read as follows: 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 beer or wine
or wine imported under subsection (e) of K.S.A. 41-308a, and amend-
ments thereto, and is consumed only for purposes of judging competi-
tions. The state fair board, in its discretion, may authorize the consump-
tion of such alcoholic liquor on nonfair days in conjunction with bona
fide scheduled events involving not less than 75 invited guests and subject
to any conditions or restrictions as the board may require.

      (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.

      (11) On property exempted from this subsection (c) pursuant to sub-
section (d), (e), (f), (g), (h) or (i).



      (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 sub-
section (c) the Sternberg museum on the campus of Fort Hays state uni-
versity, 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 board of trustees of a community college 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.

      (j) Violation of any provision of this section is a misdemeanor punish-
able by a fine of not less than $50 or more than $200 or by imprisonment
for not more than six months, or both. 
Sec.  2. K.S.A. 41-719 is hereby repealed.
 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 17, 2002.
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