Focus
University Daily Kansan, June 26, 1985
Page 6
KU housing will dry up under proposed policy
By J.P. Conroy
Staff Reporter
The possession and consumption of 3.2 percent beer in residence halls, scholarship halls, Jayahawk Towers and Stouffer Place will be prohibited if recommendations by a KU special task force on drinking become policy.
That recommendation was one of 43 submitted to David Ambler, vice chancellor for student affairs, in a report on changing KU policy to conform with the state's new drinking laws. The new laws will be enacted to comply with federal requirements for states to receive highway funds.
On Monday, the legal drinking age in Kansas will be raised to 19 for 3.2 percent beer. People born on or after July 1, 1966, will have to wait until their 21st birthdays to drink 3.2 beer, wine or hard liquor.
The report, released last week, said the office of residential programs estimated about 60 percent of its residents would be affected by the new laws.
Ambler said Friday that he and Chancellor Gene A. Budig had reviewed the recommendations and had accepted the entire report.
"It's a responsible and intelligent response to this change by our state Legislature." Amber said. "A lot of the report is prescriptive instead of being an example, so it will have to take the spirit of the report and make changes in their policy.
THE LAST CALL
"I think whatever approach you take it's going to be a difficult transition. Ninety-nine percent of our student body were eligible to purchase and consume 3.2 percent beer this past year. In a matter of one year, it's going to flip-flow. Probably, only seniors and some juniors are going to be able to purchase and consume 3.2 beer."
Jim Long, chairman of the task force and director of KU unions, said the 15 task force members, comprising administration, faculty, students and KU police, began work on the report in April and May.
The task force identified main areas in which the law would affect University policy and then met in subcommittees for detailed study. The members also had 10-12 hours of meetings to review subcommittee reports to make their final recommendations.
Kansas converts to new laws
Ruth Mikkelson, associate director
of residential programs, said the office of residential programs would begin working to carry out the task force recommendations. She said that included banning 3.2 beer — for individual consumption and consumption at parties — from KU residential units. Students living in residential units have been permitted to have 3.2 beer since 1971.
Mark Denkue, assistant director of residential programs, said yesterday that the recommendations would have to be approved by the Residential Programs Advisory Board before they could become policy.
blanket policies and these are the ones the task force decided upon."
The aim of the 3.2 beer ban is to free resident staff members from having to police University residential housing and parties. However, Mikkelson said the main function of University housing staff members could become enforcement of the recommended regulations.
"I fear that they will be spending an inordinate amount of time on one-seventh of their job description," Mikhelson said.
She said that the regulations were not included in residential living contracts but that students would be required to sign some kind of written statement when they return in the summer because they are included in the 1966-87 contract.
She said the office of residential programs also would adopt the task
force recommendation to prohibit the use of social fund money for the purchase of 3.2 beer at living group functions, which has been allowed.
Housing owned by the University may not be the only places without 3.2 beer in the future. Events such as Wheat Meet and the Pre-Splash Bash, scheduled for early next fall, could be too large for organizations to ensure drinking laws could be complied with, Ambler said.
Those events were campus parties sponsored by fraternities and sororities to raise money for charities that attract several thousand students, making enforcement difficult
To counter that, the task force suggested that the office of educational services print birthdates on KU student identification cards.
Other task force recommendations include:
Kansas and Burge unions:
- Use of alternate food and beverages such as ice cream, exotic coffees and non-alcoholic sparkling drinks at social and recreation events sponsored by Student Union Activities.
Athletic Department:
**Prohibit the possession and consumption of alcoholic beverages at athletic events for all non-revenue sports.** Alcoholic beverages are prohibited from basketball and football games.
■ Announce alcohol policies on public address systems before and during athletic contests and insert them in athletic programs.
*Permit only soft drinks at student functions that use athletic department facilities.*
KU Police Department:
- Check student identification for age verification at events upon request.
University Events Committee:
■ Encourage the purchase of general liability insurance by organizations sponsoring large events, parties or gatherings. Center.
New laws will affect bar trade
Owners unsure about nuances in interpretation
By Gina Kellogg
Staff Reporter
KU students may be concerned about how the new drinking laws will affect their favorite taverns and private clubs and the specials those establishments offer. But the owners and managers are even more concerned. Their businesses are at stake.
And many of them aren't sure how they will deal with the new laws.
■ Prepare recommended guidelines for the residential fraternities and sororites about dealing with the new drinking laws.
"We're not going to do anything this year but try and abide by the law. Doug Compan, owner of three trust establishments, said Monday.
Compton owns Cogburns, 737 New
Hampshire St., Bull Winkley, 1344
Tennessee St. and Mad Hatter, 700
New Hampshire St.
"I've fought this thing for three hard years about how unfair this is for the 18-year-olds," he said. "They're getting the short end of the stick. They're considered adults at 18 and are entitled to all of the things adults can do, like pay taxes, go to war, file a lawsuit, get married. But they can't stop off and get a beer on the way home.
"I think it's blackmail. And I think it's more unfair to the 18-year-olds than it is to the bar owners.
"It ited to be they would drink in a controlled atmosphere. Now these 18-year-olds will be driving around in their cars drinking."
Sam Snee, the manager of Compton's three establishments, said he and Compton had their own ideas about changes they would make because of the new laws, but that they didn't want to talk about them until they found out whether the changes would be legal.
"I would assume there won't be a lot of definite answers," Sneed said. "A lot of the bar owners are going to wait and see.
"It will be tough to enforce. We see fake IDs everywhere, and it's going to get worse."
Ken Wallace, owner of the Jayhawk Cafe, 1340 Ohio St., said fake IDs also might be a problem for them.
"It all depends on how fast the false ID centers get into business," he said. "We'll be looking for more police enforcement in the ID process, whereas before it was left up to the bars to handle. But we always have a doormart because of the glassware we use."
Sneed said that at Bull Winkles, employees asked for IDs at their own discretion because of the older crowd the tavern attracted.
"We never have carded there much in the past, but if we don't now, then people will find out and start googling for them and we going to have to be a lot more."
Jerry Parmer, the manager of J Watson's, Ninth and Iowa streets, said, "We're just going to card everybody and car head heavy."
Tom Pharp, manager of Louse's Bar, 109 Massachusetts St. said the
new laws would have a significant effect on his business. The tavern probably will lose one fourth to one half of its business, he said.
"We're just going to hire more people and put them at the doors," he said, "and that's going to cut into our profit even more."
Tom Smith, an owner of the Pladium, 901 Mississippi St. said he didn't think his tavern would lose customers and was partly a portfolio of his customers are 19 or older.
Smith said he expected the tavern would evaluate its prices and charge a small cover price and also one for draws.
"I'm going to sell more by the bottle and can than by the pitcher," he said.
on Tuesday and Thursday and pitcher night was on Wednesday. Customers can purchase a 32 oz glass of beer for $4 and may have the glass refilled for one dollar on any barrel night.
Wallace said the Jayhawk Kafe's popular barbell nights wouldn't be affected by the new laws. But its progressive pitcher night — when the prices go up each hour — will not be replaced, he said. Barrel nights will be scheduled instead to Monday through Thursday for the rest of the summer, he said.
Wallace, who is also the chairman of the board of the Tavern League of Kansas, said he expected at least a 20 percent loss in business at his tavern.
According to information from the research department of the Kansas Department of Revenue, the state receives between $8 million and $10 million in gallonage tax and estimated sales tax revenue each year from the sale of 3.2 percent beer.
"But that's not necessarily that much of a loss in sales volume because we'll just become more aggressive in our sales tactics," he said.
Barbara Clark, public information officer for the Kansas Department of Revenue, said the state had no idea how much money the state might lose because of the change in the drinking age.
other states that have passed laws similar to those taking effect in Kansas. Wallace said that at least one hundred, 7,400 taverns in Kansas would else
"We'll see some casualties in Lawrence," he said. "Some that sell food and cater to a town crowd will have the best chance at succeeding."
Doug Hassig, an owner of Johnny's Tavern, 401 N. Second St., said he thought his tavern wouldn't be hit as hard as other taverns.
Barrel nights recently have been
Based on what has happened in
"More than most bars in town, we are more likely to move more town people. So we're not going to be as affected," he said. "We're going to figure out some ways to have specials, but we're waiting to see what others are doing."
Mike Kirch, owner of Gammons,
1601 W 23rd St., said people still
would be trying to price drinks so
students could afford them.
At Gammes, he said, instead of charging $2 for two-for-one drinks, the club would charge $1 for each drink. He said the only way for the club to sell the sale of cheap drinks would be to take a minimum price for a drink.
Enforcement
"But if someone is blantantly in violation of the law," Lamb said, "then we will take appropriate action over and above a warning."
The ABC's primary task is to enforce all Kansas alcohol laws. Lamb said the 27 agents throughout Kansas also had the authority to enforce all Kansas laws in the process of carrying out their duties.
He said there were some gray areas concerning whether a bar could sell a pitcher to one person. It might be in violation of the law of serving no more than two drinks to a person at one time, he said. The ABC is waiting for an opinion from the state attorney general.
Lamb said he did not think there would be many problems with clubs and taverns complying with the new law on prohibiting "happy hours."
But, Lamb said, there will be a problem in enforcing the new drinking age. He said it was important to inform clubs and liquor stores that the ABC would not tolerate them selling to persons underage.
continued from p. 1
"Our present interpretation is a pitcher of beer is not an individual serving." Lamb said. "It's not what some individual orders for himself. There would have to be two or more people."
Tavern owners also have been asking whether they could charge a fixed price at the door and then sell draws
"A penny it a away, 'Lamb said. "It's not anywhere near costs. But that's an interpretation that be interpreted by the courts."
and pitchers for a penny during a set time period, Lamb said.
Although he was still reviewing the new drinking laws interpretations, Johnson said he couldn't believe the ABC interpretation that a pitcher of beer constituted more than two drinks being served to a person.
Some information for this story was provided by Gina Kellogg, staff reporter.
“It’s one container,” he said. “Two-for-one are two containers. It doesn’t say how much can be in a container. Not what I read yet.”
A couple of Lawrence club owners, however, said the ABC interpretation of the law and the way it was on the books had two different meanings.
Ace Johnson, owner of the Sanctuary, 1401 W. Seventh St., said he also intended to adhere to the law as written.
"They aren't going to eliminate 'drink and drowns,' it's just that simple." Kirsch said. "They didn't set a minimum price for a drink."
Mike Kirsch, owner of Gammons, 1601 West 23rd St., said the club would follow the law as written. But, he said, the only way to eliminate "drink-and-drown" nights was to set a minimum price for each drink.
THE NEW DRINKING LAWS IN KANSAS
Drinking Age
The drinking age will be 19 for 3.2 percent beer.
Allows people 18 or older to work in private college, sell or serve 3.2 percent beer in grocery or convenience stores. Allows persons 50 percent of their income from food.
Those born on or after July 1, 1966, will have to wait until their 21st birthday to legally buy or drink alcohol.
Happy Hours
No free drinks can be offered or served.
No more than two drinks can be served to one person at a time.
No price can be set that is less than the price charged to all other persons for that drink on that day (such as Ladies Night).
An unlimited number of drinks during any set time period at a fixed price may not be offered
The size of a drink or volume of alcoholic liquor in a drink cannot increase without increasing the price proportionately
No drinking contests can be encouraged or permitted nor can drinks be awarded as prizes.
None of these prohibited practices can be advertised or promoted in any way.
Drunken Driving
First conviction will result in not less than 48 hours in jail nor more than six months, or 100 hours of public service. The person must successfully
complete an alcohol safety action program. The person's driver's license will be suspended for up to one year
■ Second conviction will result in imprisonment of not less than 90 days nor more than one year at the court than to $1,000. The person shall be required to enter and complete an alcohol treatment program suspended for up to one year.
■ Third conviction will result in imprisonment of not less than 90 days nor more than one year and a fine not less than $1,000 nor more than $2,500. The person shall be required to enter and complete an alcohol treatment program. The person's driver's license will be suspended for up to one year.
■ There will be a mandatory 90-day jail sentence for conviction of Driving Under the Influence committed while using a driver's license suspended or revoked because of previous drunken driving conviction.
A person does not have the right to consult with an attorney before a blood, urine or breath test. Refusal of a test to determine the presence of alcohol will result in an automatic skim-mouth reaction of the person's driver's license.
Age of Employees
Underage Drinking
No person under the age of 21 may be employed to mix or dispense drinks containing alcoholic liquor
No person under the age of 21 may work in a private club unless he is under the direct supervision of the nurse or an employee who is over 21.
■No person under age of 18 may be employed to serve or dispense alcoholic liquor
Purchase of alcohol by anyone under 21 can be punished with a $100 to $250 line or 40 hours of community service or both.
- Possession or consumption in a club can be punished with a $100 to $150 fine or 40 hours of community service or both.
*Possession or consumption of alcohol anywhere else — a home or a residence hall room — can be punishable with up to 10 hours of community service or both.
Providing alcohol or IDs to persons underage
■ Lending or permitting the use of any driver's license to a person under the legal age for purchase or consumption. ■ License for a driver $2500 fine or up to a year in jail or both
Selling, giving or delivering liquor, or permitting the selling of alcoholic liquor to an incapacitated person, can be punished by a fine of not less than $100 and not more than $250 or up to 30 days in jail or both.
Providing liquor or 3.2 percent beer to people underage can be punished with a $1,000 fine or up to a year in jail or both.
Giving drinks to an intoxicated person
Laws tap 18 crowd of 'right'
Staff Reporter
By Gina Kellogg
Denise Rasch does many of the same things that other young mothers do. She cares for her baby, she works to supplement her husband's income, and occasionally she relaxes with her friends, sometimes by going out for a beer.
But starting Monday, Rasch won't be able to go out for a beer any longer. She isn't 19 years old.
Rasch, 1711 W. 20th St., won't be 19 before July 1, the day all the new Kansas drinking laws go into effect. Rasch won't be 19 until Oct 14. Along with most of her friends, Rasch said he brought the new laws were unfair.
Chris Kruzel, 18, 2502 Arkansas St.
who will enter the University of Kad
sas this fall, agreed with Rasch.
"Especially when you're this young, it's unfair because your social life goes downhill." Rasch sat Thursday. "Especially my because you have a kid, it is hard to get out, only can do it every once in a while."
"it's not me so much though, but it's a lot of my friends. Since I don't go out that much anyway, it won't affect me as much. But it's not far because I'm an adult."
"Some of us have been drinking for so long and we've been considered as adults," Kruzel said. "We're being deprived of drinking, but we have to do all the other adult things, like pay taxes and be drafted."
Sitting at a crowded table in a tavern popular among 18-year-olds, Louise's Bar, 1009 Massachusetts St. a group of five recent Lawrence High School graduates complained about the new laws.
"We'll have to get fake IDs." Kruzel said. "We can't go without drinking until we're 21.
"It's confusing and it's going to cause major problems."
All five agreed there would be more drinking in cars after the new laws took effect.
Kruzel said, "And people are going to get in more accidents."
Kendra Adams, 1805 W. 21st St Terrace, and Cheryl Tyler, 1812 Miller Drive, both 18-year-olds who will enter the University this fall. stood nearby with their full schooners of beer, carefully sipping them as people in the loud, crowded tavern tried to edge past.
"A lot of people are going to turn to drugs, because they'll still want to have fun and party. We'll use fake IDs or get somebody to buy it for us."
"And we'll drink in our cars. There'll probably be more drunken driving because usually at a bar you somebody sober to drive your home."
At the Jayhawk Cafe, 1340 Ohio St.
other 18-year-olds were enjoying
some of their last few hours at tavern.
"I'm not looking forward to having my drinking put off," said Marc Wyeccy, 2003 Stratford Road, who went entu KU in the fall. "I feel that I am entitled to all the benefits that it brushes away when why can I drink what I want?"
"I feel Kansas has a pretty backwards attitude on the beer law here. As far as a new law concerning liquor by the drink, that's going to be good for commerce, but this beer law . . ."
Brian Shipley, 18, Lawrence freshman, said, "I don't think it'll change anything if you've been going to bars since you were 16 and 17, like I have. If they crack down too hard, they'll lose too much money."