§ 4-109. Miscellaneous unlawful acts of licensees, employees.

(a)

It shall be unlawful for any licensee or holder of a temporary permit, whether licensed as a drinking establishment, private club or cereal malt beverage provider under this article, or a manager or supervisor employed by same, other than establishments also licensed as arenas or auditoriums, to employ any person or permit any person to work or perform any services in connection with the serving, dispensing, delivery or effecting the serving, dispensing, storing, delivering or securing of alcoholic beverages or cereal malt beverages, whether voluntarily or otherwise, who:

(1)

Is under the age of 18 years of age;

(2)

Has been adjudged guilty of a felony or of any crime involving a morals charge in this state or in any other state of the United States;

(3)

Has been adjudged guilty of a violation of any intoxicating liquor law of this state, of any other state, or of the United States during the two-year period immediately following such adjudging;

(4)

Has been adjudged guilty of an assault or battery in this state or in any other state of the United States during the two-year period immediately following such adjudging;

(5)

Is under the age of 21 years at any time when not under the on-premises supervision of either the licensee or manager or an employee who is 21 years of age or over; or

(6)

Is under 21 years of age in connection with the mixing or dispensing of cereal malt beverages or drinks containing alcoholic liquor.

(b)

Subsection (a) of this section specifically includes, but is not limited to, those persons employed or performing services relating in any manner to the dispensing or serving alcoholic or cereal malt beverages within such a club or drinking establishment, caterers, guards, doormen, waiters, waitresses, dancers, managers, assistant managers, or licensees. For the purpose of this section, janitors, busboys, cooks, dishwashers or bona fide independent contractors, while specifically performing structural repair or improvement, are excluded, unless otherwise required by law.

(c)

It shall be unlawful for any licensee or holder of a temporary permit licensed as a drinking establishment under this article, or a manager or supervisor employed by the same which is also licensed as an arena or auditorium pursuant to this Code to employ or continue to employ any person, or to knowingly permit to work as a volunteer any person:

(1)

Who is under the age of 18 years in connection with the serving of alcoholic liquor or cereal malt beverage;

(2)

Who is under the age of 21 in connection with the mixing or dispensing of drinks containing alcoholic liquor or cereal malt beverage;

(3)

Who is under the age of 21 years and not supervised by the licensee or an employee who is at least 21 years of age;

(4)

Who has been convicted of a felony or of any crime involving a morals charge in this state or in any other state of the United States in connection with the dispensing, mixing, or serving of alcoholic liquor or cereal malt beverage;

(5)

Who has been convicted within the previous two years of a violation of any intoxicating liquor law of this state or any other state of the United States in connection with the dispensing, mixing, or serving of alcoholic liquor or cereal malt beverage; or

(6)

Who is a manufacturer, distributor, retailer, or an officer, agent, or employee of a manufacturer, distributor or retailer in the capacity of a person registered to mix, serve, sell, or dispense alcoholic liquor.

(d)

This section creates, and is intended to create, an affirmative duty upon licensees or holders of a temporary permit to ensure that its employees are in compliance with this section.

(e)

It shall be an affirmative defense to this section for any licensee or holder of a temporary permit or a manager or supervisor employed by the same, with regard to any charge concerning an employee's or volunteer's criminal history, to produce an authenticated copy of the offending employee's or volunteer's criminal history record issued by the repository of criminal history records in the county of said employee's or volunteer's residence and dated prior to, but not more than two years before, the issuance of a summons hereunder which indicates no convictions which would prohibit the employee or volunteer from lawfully performing services in or about the licensed premises.

(f)

Violation of this section shall be punishable as follows, except for where other penalties are specifically provided by law:

(1)

For an unknowing violation or a first offense, by a fine of not more than $500.00.

(2)

For a knowing violation or a second or subsequent offense, knowing or otherwise, by a fine of not more than $1,000.00, by imprisonment for not more than six months, or by both.

(g)

Each day any person acts in violation of the provisions of this section shall constitute a separate offense.

(Code 1988, § 4-80; Ord. No. O-37-01, § 1, 5-17-2001)

State law reference

Similar provisions, K.S.A. 41-2610.