§ 4-10. Falsifying, altering or displaying facsimile of a written document; possession, etc., by minors.

(a)

It shall be unlawful for any person:

(1)

To furnish, loan or give to another person a birth certificate, affidavit, or any other written document for the purpose of misrepresenting or falsifying the other person's age to allow the purchase or consumption of alcoholic liquors or cereal malt beverages.

(2)

To misrepresent or falsify such person's age or the age of any other person for the purpose of purchasing or consuming alcoholic liquor or cereal malt beverage.

(3)

Under 21 years of age, except with regard to serving of alcoholic liquor or cereal malt beverage as permitted by K.S.A. 41-308a, 41-308b, 41-2610 or 41-2704, to possess, consume, obtain, purchase or attempt to obtain or purchase alcoholic liquor or cereal malt beverage except as authorized by law.

(b)

Violation of this section by a person 18 or more years of age but less than 21 years of age is a class C misdemeanor for which the minimum fine is $200.00.

(c)

Any person, other than as described in subsection (b) of this section, determined to be in violation of any of the provisions of this section shall, upon conviction thereof, be punished by a fine of not more than $500.00, by imprisonment not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the court.

(d)

In addition to any other penalty provided for a violation of this section, the court may order the offender to do either or both of the following:

(1)

Perform 40 hours of public service; or

(2)

Attend and satisfactorily complete a suitable educational or training program dealing with the effects of alcohol or other chemical substances when ingested by humans.

(e)

This section shall not apply to the possession and consumption of cereal malt beverage by a person under the legal age for consumption of cereal malt beverage when such possession and consumption is permitted and supervised, and such beverage is furnished, by the person's parent or legal guardian.

(f)

(1)

A person and, if applicable, one or two other persons acting in concert with such person are immune from criminal prosecution for a violation of this section, if such person:

(A)

(i)

Initiated contact with law enforcement or emergency medical services and requested medical assistance on such person's behalf because such person reasonably believed such person was in need of medical assistance; and

(ii)

Cooperated with emergency medical services personnel and law enforcement officers in providing such medical assistance;

(B)

(i)

Initiated contact with law enforcement or emergency medical services, or was one of one or two other persons who acted in concert with such person, and requested medical assistance for another person who reasonably appeared to be in need of medical assistance;

(ii)

Provided their full name, the name of one or two other persons acting in concert with such person, if applicable, and any other relevant information requested by law enforcement or emergency medical services;

(iii)

Remained at the scene with the person who reasonably appeared to be in need of medical assistance until emergency medical services personnel and law enforcement officers arrived; and

(iv)

Cooperated with emergency medical services personnel and law enforcement officers in providing such medical assistance; or

(C)

(i)

Was the person who reasonably appeared to be in need of medical assistance as described in subsection (f)(1)(B), but did not initiate contact with law enforcement or emergency medical services; and

(ii)

Cooperated with emergency medical services personnel and law enforcement officers in providing such medical assistance.

(2)

A person shall not be allowed to initiate or maintain an action against a law enforcement officer, or such officer's employer, based on the officer's compliance or failure to comply with this subsection.

(Code 1988, § 4-11; Ord. No. 65173, § 3-2, 7-9-1987; Ord. No. 66171, §§ 1, 2, 11-7-1996; Ord. No. O-73-16 , § 2, 12-15-2016)

State law reference

Consumption or purchase of alcohol by minors, K.S.A. 41-727.