8-1599. Transportation of liquor in opened containers unlawful; exceptions; penalty; report of prior convictions; city or county not prohibited from enacting comparable ordinance or resolution, requir
8-1599
8-1599. Transportation of liquor in opened
containers unlawful;
exceptions; penalty; report of prior convictions; city or county not prohibited
from enacting comparable ordinance or resolution, requirements.
(a) As used in this section, "alcoholic beverage" means any alcoholic liquor,
as defined by K.S.A. 41-102 and amendments thereto, or any cereal malt
beverage, as defined by K.S.A. 41-2701 and amendments thereto.
(b) No person shall transport
in any vehicle upon a highway or street any
alcoholic beverage unless such beverage is:
(1) In the original unopened package or container, the seal of which has not
been broken and from which the original
cap, cork or other means of closure has not been removed;
(2) (A) in the locked rear trunk or rear compartment, or any locked
outside compartment which is not accessible to any
person in the vehicle while it is in motion; or
(B) if a motor vehicle is not equipped with a trunk, behind the last upright
seat or in an area not normally occupied by the driver or a passenger; or
(3) in the exclusive possession of a passenger in a vehicle which is a
recreational vehicle, as defined by K.S.A. 75-1212 and amendments thereto,
or a bus,
as defined by K.S.A. 8-1406 and amendments thereto, who is not in the
driving compartment of such
vehicle or who is in a portion of such vehicle from which the driver is
not directly accessible.
(c) Violation of this section is a misdemeanor punishable by a
fine of not more than $200
or by imprisonment for not more than six months, or both.
(d) Except as provided in subsection (f) upon conviction or adjudication
of a second or subsequent violation of this section, the judge, in addition
to any other penalty
or disposition ordered pursuant to law, shall suspend the person's driver's
license or privilege to operate a motor vehicle on the streets and highways
of this state for one year.
(e) Upon suspension of a license pursuant to this section, the court
shall require the person to surrender the license to the court, which shall
transmit the license to the division of motor vehicles of the department
of revenue, to be retained until the period of suspension expires. At that
time, the licensee may apply to the division for return of the license.
If the license has expired, the person may apply for a new license, which
shall be issued promptly upon payment of the proper fee and satisfaction
of other conditions established by law for obtaining a license unless another
suspension or revocation of the person's privilege to operate a motor vehicle
is in effect.
(f) As used in this section, "highway" and "street" have the
meanings provided by K.S.A. 8-1424 and 8-1473, and amendments thereto.
(g) In lieu of suspending the driver's license or privilege to
operate
a motor vehicle on the highways of this state of any person convicted of
violating this section, as provided in subsection (d), the judge of the
court in which such person was convicted may enter an order which places
conditions on such person's privilege of operating a motor vehicle on
the highways of this state, a certified copy of which such person shall
be required to carry any time such person is operating a motor vehicle on
the highways of this state. Any such order shall prescribe the duration
of the conditions imposed, which in no event shall be for a period of more than
one year for a second violation.
Upon entering an order restricting a person's license hereunder, the
judge shall require such person to surrender such person's driver's license
to the judge who shall cause it to be transmitted to the division
of vehicles, together with a copy of the order. Upon receipt thereof,
the division of vehicles shall issue without charge a driver's
license which shall indicate on its face that conditions have
been imposed on such person's privilege of operating a motor vehicle and
that a certified copy of the order imposing such conditions is required
to be carried by the person for whom the license was issued any time
such person is operating a motor vehicle on the highways of this state.
If the person convicted is a nonresident, the
judge shall cause a copy of the order to be transmitted to the division
and the division shall forward a copy of it to the motor vehicle administrator,
of such person's state of residence. Such judge shall furnish to any
person whose driver's license has had conditions imposed on it under this
section
a copy of the order, which shall be recognized as a valid Kansas
driver's license until such time as the division shall issue the
restricted license provided for in this section.
Upon expiration of the period of time for which conditions are
imposed pursuant to this subsection, the licensee may apply to the
division for the return of the license previously surrendered by such
licensee. In the event such license has expired, such person may apply
to the division for a new license, which shall be issued immediately by
the division upon payment of the proper fee and satisfaction of the
other conditions established by law, unless such person's privilege to
operate a motor vehicle on the highways of this state has been suspended
or revoked prior thereto. If any person shall violate any of the
conditions imposed under this subsection, such person's driver's license or
privilege to operate a motor vehicle on the highways of this state shall
be revoked for a period of not less than 60 days nor more than
one year by the judge of the court in which such person is convicted
of violating such conditions.
(h) It shall be an affirmative defense to any prosecution under
this
section that an occupant of the vehicle other than the defendant was in
exclusive possession of the alcoholic liquor.
(i) The court shall report to the division every conviction of a violation
of this section or of a city ordinance or county resolution that prohibits the
acts prohibited by this section. Prior to sentencing under the provisions of
this section, the court shall request and shall receive from the division a
record of all prior convictions obtained against such person for any violations
of any of the motor vehicle laws of this state.
(j) For the purpose of determining whether a conviction is a first, second
or subsequent conviction in sentencing under this section:
(1) "Conviction" includes being convicted of a violation of an ordinance
of any city, or resolution of any county, which prohibits the acts that this
section prohibits;
(2) only convictions occurring in the immediately preceding five years,
including prior to the effective date of this act, shall be taken into account,
but the court may consider other prior convictions in determining the sentence
to be imposed within the limits provided for a first, second or subsequent
offender, whichever is applicable; and
(3) it is irrelevant whether an offense occurred before or after
conviction for a previous offense.
(k) This section shall not be construed as preventing any city from
enacting ordinances, or any county from adopting resolutions, declaring acts
prohibited by this section as unlawful or prohibited in such city or county and
prescribing penalties for violation thereof, but such ordinance or resolution
shall provide for suspension or restriction of driving privileges as provided
by this section and the convicting court shall be required to report
convictions for violations of such ordinance or resolution as provided by
subsection (i).
(l) This section shall be part of and supplemental to the uniform act
regulating traffic on highways.
History: L. 1949, ch. 242, § 93; L. 1981, ch. 201, § 1;
L. 1993, ch 259, § 12;
L. 1993, ch. 291, § 274;
L. 1994, ch. 353, § 15;
L. 2006, ch. 206, § 8; July 1.