Underage Drinking

Kansas

The policy topics, below, address statues and regulations related to underage drinking and access to alcohol.

Possession is prohibited with NO EXCEPTIONS.

Notes:
POSSESSION: Kansas has an exception permitting persons under 21 years of age to possess alcohol but the exception only applies to cereal malt beverages (defined as any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but not including any such liquor which is more than 3.2 percent ABW).

Consumption is prohibited with NO EXCEPTIONS.

Notes:
CONSUMPTION: Kansas has an exception permitting persons under 21 years of age to consume alcohol but the exception applies only to cereal malt beverages (defined as any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but not including any such liquor which is more than 3.2 percent ABW).

Internal possession is prohibited with NO EXCEPTIONS.

Notes:
INTERNAL POSSESSION: Kansas has an exception permitting persons under 21 years of age to possess or consume alcohol but the exception applies only to cereal malt beverages (defined as any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but not including any such liquor which is more than 3.2 percent ABW).

Purchase is prohibited, but youth MAY PURCHASE for law enforcement purposes.

Furnishing is prohibited with NO EXCEPTIONS.

Notes:
Kansas has an exception permitting the furnishing by a parent or legal guardian to a child or ward but the exception only applies to cereal malt beverages (defined as any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but not including any liquor which is more than 3.2 percent ABW).

  • Beer: 18 for servers and 21 for bartenders
  • Wine: 18 for servers and 21 for bartenders
  • Spirits: 18 for servers and 21 for bartenders

Condition(s) that must be met in order for an underage person to sell alcoholic beverages:

  • manager/supervisor is present
  • Beer: 21
  • Wine: 21
  • Spirits: 21

Notes:
Although employees must be at least 21 years of age to sell alcoholic liquors at off-sale establishments, employees who are at least 18 years of age may sell cereal malt beverages (defined as containing not more than 3.2 percent alcohol by weight) if the licensee's place of business is licensed only to sell cereal malt beverages at retail in original and unopened containers and not for consumption on the premises.

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • No driver's license suspension procedure

Provision(s) targeting suppliers:

  • It is a criminal offense to lend, transfer, or sell a false ID

Provision(s) targeting retailers:

  • Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
  • Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid

BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation.
Applies to drivers under age 21.

Keg definition: 4 or more gallons

Prohibited:

  • possessing an unregistered, unlabeled keg - max. fine/jail: $1000 / 6 months
  • destroying the label on a keg - max. fine/jail: $1000 / 6 months

Purchaser information collected:

  • purchaser's name and address
  • verified by a government-issued ID

Warning information to purchaser: Not Required

Deposit: not required

Provisions specifically address disposable kegs

Type(s) of violation leading to driver's license suspension, revocation, or denial:

  • Underage purchase
  • Underage possession
  • Underage consumption

Use/lose penalties apply to minors under age 21

Authority to impose driver's license sanction

  • mandatory

Length of suspension/revocation: 30 days

Social host law is specifically limited to underage drinking parties.

Action by underage guest that triggers violation: Possession Consumption

Property type(s) covered by liability law:

  • Residence
  • Outdoor
  • Other

Standard for hosts' knowledge or action regarding the party: RECKLESSNESS - the host may not have acted with actual knowledge but must act with intentional disregard for the probable consequences of his or her actions

Exception(s):

  • Family
  • Resident

Notes:
As of May 24, 2007, Kansas's "unlawful hosting" provision applies to possession or consumption by minors, which is any person under 21 years of age. Prior to May 24, 2007, Kansas's "unlawful hosting" provision only applied to possession or consumption by persons under the age of 18.