Memorandum

City of Lawrence

Legal Services

TO:	Toni Ramirez Wheeler, Director of Legal Services
FROM:	Scott J. Miller, Staff Attorney
Date:	April 23, 2009
RE:	Ordinance 8397 -- Unlawful Hosting of Minors

Section 4-103.1 of the City Code mirrors K.S.A. 21-3610c, the Kansas statute that provides for criminal liability for unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage.  House Bill 2165, passed by the legislature and signed by the governor this legislative session, amends that statute in a pair of ways.

First, HB 2165 expands criminal liability for unlawful hosting not merely to intentional conduct but to reckless conduct as well.  Reckless conduct is defined in K.S.A. 21-3201(c), which states that:

Reckless conduct is conduct done under circumstances that show a realization of the imminence of danger to the person of another and a conscious and unjustifiable disregard of that danger. The terms "gross negligence," "culpable negligence," "wanton negligence" and "wantonness" are included within the term "recklessness" as used in this code.

The amended statute also exempts lodging establishments from civil but not criminal liability that may arise because of the statute’s provisions.

The amendments to the Kansas statute will take effect on July 1, 2009.  It is in the City’s interest to amend its ordinance to accurately reflect Kansas law.  Ordinance 8397 brings our ordinance back into line with the amended statute, and if passed will take effect on the date the amendments to K.S.A. 21-3610c becomes effective.

For these reasons, I recommend that Ordinance 8397 be adopted.  If you have any questions, please let me know.