ORDINANCE NO. 060165

 

Amending Chapter 50, Code of Ordinances, by enacting a new Section 50-241, Open house parties prohibited where possession or consumption of alcoholic beverages or drugs by minors may occur.

 

WHEREAS, the possession and consumption of alcoholic beverages and drugs by minors is a continuing problem within the City; and

 

WHEREAS, minors frequently attend open house parties where alcohol and illegal drugs are possessed and consumed by minors; and

 

WHEREAS, the City Council desires to enact an ordinance prohibiting any person from allowing an open house party on premises owned, leased, or temporarily under the control of such person, where such person knows or reasonably should know that alcoholic beverages or drugs may be possessed or consumed by minors while at such premises, and where such person fails to take reasonable steps to prevent the possession or consumption of alcoholic beverages or drugs by minors; and

 

WHEREAS, an ordinance prohibiting open house parties where possession or consumption of alcoholic beverages or drugs by minors may occur, would be in the best interests of public health, safety, and welfare in controlling underage drinking and drug use; NOW, THERFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 50, Code of Ordinances of the City of Kansas City, Missouri, be amended by enacting a new Section 50-241, Open house parties prohibited where possession or consumption of alcoholic beverages or drugs by minors may occur, to read as follows:

 

Sec. 50-241. Open house parties prohibited where possession or consumption of

alcoholic beverages or drugs by minors may occur.

 

(a)                Definitions: as used in this section, the following terms shall mean:

 

(1) Alcoholic beverage means any alcoholic liquor or beer as defined now or hereafter under section 10-1.

 

(2) Control means any form of authority, regulation, responsibility or dominion, including a possessory right.

 

(3) Drug means a controlled substance as defined and described now or hereafter by the Revised Statutes of Missouri.

 

(4) Minor means a person not legally permitted by reason of age to possess, consume, or purchase alcoholic liquor as prohibited under the Revised Statutes of Missouri.

 

(5) Open house party means a social gathering at a residence or premises of persons in addition to the owner or those with rights of possession or their immediate family members.

 

(6) Residence or premises means a motel room, hotel room, home, apartment, condominium, or other dwelling unit, including the curtilage of a dwelling unit, or a hall, meeting room, or other place of assembly, whether occupied as a dwelling or specifically for social functions, and whether owned, leased, rented, or used with or without compensation.

 

(b)               Prohibited activities under this section:

 

(1) No person who is the owner in possession, a tenant or sub-tenant, or has temporary charge of any residence or premises, shall allow an open house party to take place at the residence or premises if any alcoholic beverage or drug is possessed or consumed at the residence or premises by any minor where such person knew or reasonably should have known that any alcoholic beverage or drug was in the possession of or being consumed by a minor at the residence or premises and where such person failed to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug at the residence or premises.

 

(c)                The provisions of this section shall not apply to:

 

(1) The consumption, use or possession of a drug by a minor pursuant to a lawful prescription for such drug issued for such minor.

 

(2) Religious observance or prescribed medical treatments.

 

(3)               The possession by a minor of alcoholic beverages or lawfully prescribed drugs incidental to the lawful employment of such minor.

 

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Approved as to form and legality:

 

 

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Beth Murano

Assistant City Attorney