CHAPTER 26 SENATE BILL No. 464 An  Act concerning alcoholic beverages; relating to the furnishing of alcoholic liquor or
cereal malt beverage to a minor; amending K.S.A. 2001 Supp. 21-3610 and repealing
the existing section.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2001 Supp. 21-3610 is hereby amended to read as
follows: 21-3610. (a) Furnishing alcoholic liquor or cereal malt beverage
to a minor is directly or indirectly, selling to, buying for, giving or fur-
nishing any alcoholic liquor or cereal malt beverage to any minor.

      (b) Except as provided by subsections (d) and (e), furnishing alcoholic
liquor or cereal malt beverage to a minor is a class B person misdemeanor
for which the minimum fine is $200.

      (c)  (1) Except as provided by paragraph (2) of this subsection, As
used in this section, terms have the meanings provided by K.S.A. 41-102,
41-2601 and 41-2701, and amendments thereto.

      (2) As used in this section, ``cereal malt beverage,'' ``retailer'' and
``legal age for consumption of cereal malt beverage'' have the meanings
provided by K.S.A. 41-2701, and amendments thereto.

      (d) It shall be a defense to a prosecution under this section if: (1) The
defendant is a licensed retailer, club, drinking establishment or caterer
or holds a temporary permit, or an employee thereof; (2) the defendant
sold the alcoholic liquor or cereal malt beverage to the minor with rea-
sonable cause to believe that the minor was 21 or more years of age or
of legal age for the consumption of alcoholic liquor or cereal malt bev-
erage; and (3) to purchase the alcoholic liquor or cereal malt beverage,
the person exhibited to the defendant a driver's license, Kansas non-
driver's identification card or other official or apparently official docu-
ment, containing a photograph of the minor and purporting to establish
that such minor was 21 or more years of age or of legal age for the
consumption of alcoholic liquor or cereal malt beverage.

      (e) This section shall not apply to the furnishing of cereal malt bev-
erage by a parent or legal guardian to such parent's child or such
guardian's ward. 
Sec.  2. K.S.A. 2001 Supp. 21-3610 is hereby repealed.
 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 4, 2002.
__________