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
possession and consumption of alcoholic beverages and drugs by minors is a
continuing problem within the City; and
frequently attend open house parties where alcohol and illegal drugs are
possessed and consumed by minors; and
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
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.
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.
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.
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.
The possession by a minor of alcoholic beverages or lawfully prescribed
drugs incidental to the lawful employment of such minor.
as to form and legality:
Assistant City Attorney