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Thursday, November 13. 1986 / University Daily Kansan
Stephan says 3.2 beer is OK in limos
The Associated Press
TOPEKA — Limousine services may not sell or give away any alcoholic beverages to their passengers, although state law would allow the passengers to bring their own 3.2 percent beer to drink on the road, Attorney General Bob Stephan ruled yesterday.
In a non-binding legal opinion for Parsons City Attorney Richard C. Dearth, Stephan reviewed state highway laws which separately govern transportation and consumption of liquor, including strong beer, and 3.2 percent "cereal malt
beverages.'
Stephan concluded that while consumption of liquor on streets and highways is strictly forbidden, it is permissible for passengers to drink 3.2 percent beer under certain circumstances in recreational vehicles and buses.
"While a limousine service operated for compensation does not fit within the definition of 'recreational vehicle,' it does appear to fall within the definition of a 'bus.'" the opinion said.
Passengers of legal age who drink 3.2 percent beer additionally must be in an area of the limousine that is not
accessible to the driver, the opinion said. But the law does not require that a physical barrier such as glass must separate the drivers from the riders, according to the opinion.
Consumption of 2.2 beer in personal vehicles driven for no compensation is forbidden because that situation would not fall within the legal exception, the opinion said.
No license would be required if the limousine service were to give away the cereal malt beverages but the opinion said the service would have to prove that no portion of the money passengers pay for a ride is used to purchase the beer.
Because of the nature of any business, the "philanthropic gesture" of giving away beer would be difficult to prove, making that alternative impractical, the opinion said.
In another opinion, Stephan ruled that board members of the newly formed Kansas Technology Enterprise Corporation would receive legal representation from the state in lawsuits arising from performance of their duties.
KTEC was created as part of a package of economic development legislation that cleared the 1986 Kansas Legislature.
Horse, dog racing factions split at meeting
The Associated Press
aggressive committees that will handle the parimutuel legislation warned their colleagues not to move too fast on the issue.
TOPEKA — Spokesmen for the horse and dog industries in Kansas clashed yesterday before the Special Committee on Federal and State Affairs, which is studying how best to carry out parimutuel wagering on racing.
Sen. Edward Reilly, R-Leavenworth, and Rep. Robert H. Miller, R-Wellington, said proposals to enact betting on horse and dog racing must be studied carefully rather than rushed through the legislative process.
A definite split between the horse and dog factions was evident and the sparks may have been a preview of what the 1887 Legislature can expect when it tackles the controversial issue.
lawmakers to "initiate pari-mutuel at the earliest possible date."
Earlier in the day, the chairmen of key
That did not stop Wayne C. "Rocky" Chambers, president of the Greenwood County Fair Association, which owns Eureka Downs, from asking
Chambers proceeded to announce his group's plans for using industrial revenue bonds to finance a $7.1 million renovation of the Eureka ractrack.
The sparks started with remarks by Keith Dillon, Olathe, a member of the governor's task force on pari-mutuel who is affiliated with the greyhound racing business. He angered quarterhorse representatives when he said it wasn't feasible to build dual race tracks to handle both dog and horse racing.
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