Possession or consumption by minor prohibited

41-2615. Possession or consumption by minor prohibited. (a) No licensee or permit holder, or any owner, officer or employee thereof, shall knowingly or unknowingly permit the possession or consumption of alcoholic liquor or cereal malt beverage by a minor on premises where alcoholic beverages are sold by such licensee or permit holder, except that a licensee's or permit holder's employee who is not less than 18 years of age may serve alcoholic liquor or cereal malt beverage under the on-premises supervision of the licensee or permit holder, or an employee who is 21 years of age or older. (b) Violation of this section is a misdemeanor punishable by a fine of not less than $100 and not more than $250 or imprisonment not exceeding 30 days, or both. (c) It shall be a defense to a prosecution under this section if: (1) The defendant permitted the minor to possess or consume the alcoholic liquor or cereal malt beverage with reasonable cause to believe that the minor was 21 or more years of age; and (2) to possess or consume the alcoholic liquor or cereal malt beverage, the minor exhibited to the defendant a driver's license, Kansas nondriver's identification card or other official or apparently official document that reasonably appears to contain a photograph of the minor and purporting to establish that such minor was 21 or more years of age. History: L. 1965, ch. 316, § 15; L. 1987, ch. 182, § 70; L. 1993, ch. 173, § 3; L. 1994, ch. 300, § 2; L. 2008, ch. 126, § 9; July 1. Attorney General's Opinions: Cereal malt beverages; local regulations. 93-143. Ordinance requiring two forms of identification for service of alcohol in club or drinking establishment; exercise of city home rule. 98-18. CASE ANNOTATIONS 1. Alcoholic liquor includes every liquid containing alcohol in any measurable amount which is capable of being consumed as a beverage; affirmed. State v. Sleeth, 7 Kan. App. 2d 203, 638 P.2d 998 (1982). 2. Penal and regulatory provisions of law distinguished; vicarious criminal liability of club owner sustained only if authorization, knowledge or approval proven. State v. Sleeth, 8 Kan. App. 2d 652, 654, 655, 657, 658, 664 P.2d 883 (1983). 3. Cited; under K.S.A. 21-3610, seller need not have knowledge of minor's age; K.S.A. 21-3610 meets constitutional tests. State v. Robinson, 239 Kan. 269, 271, 272, 718 P.2d 1313 (1986). 4. Private club has absolute duty not to permit consumption by minors on its premises; strict regulatory policy bars a fraud action by private club against minor to recover penalties imposed. Sanctuary, Inc. v. Smith, 12 Kan. App. 2d 38, 39, 733 P.2d 839 (1987). 5. Whether statute clearly indicates a legislative purpose to impose absolute liability examined. State v. JC Sports Bar, Inc., 253 Kan. 815, 816, 817, 818, 819, 820, 821, 822, 823, 861 P.2d 1324 (1993). 6. Sufficient evidence supports the agency's finding that the licensee was in violation of the statute by permitting a minor to possess or consume alcohol on the premises. MCJS, Inc. v. Kansas Dept. of Revenue, 49 Kan. App. 2d 549, 311 P.3d 1147 (2013). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026