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SANCTUARY, INC. v. SMITH

No. 59,664

12 Kan. App. 2d 38 (1987)

733 P.2d 839

SANCTUARY, INC., d/b/a SANCTUARY, Appellant, v. RONALD M. SMITH, Appellee.

Court of Appeals of Kansas.

Opinion filed March 12, 1987.

Attorney(s) appearing for the Case

Kermit M. Beal, of Lawrence, for appellant.

James E. Rumsey, of Lawrence, for appellee.

Robert T. Stephan, attorney general, and Richard Hodson, assistant attorney general, for amicus curiae Alcoholic Beverage Control Division, Department of Revenue.

Before ABBOTT, C.J., REES and DAVIS, JJ.

DAVIS, J.:

Sanctuary, Inc., d/b/a Sanctuary (Sanctuary), a private club in Lawrence, Kansas, admitted and served Ronald M. Smith, a minor, an alcoholic beverage. A Lawrence police officer discovered Smith was underage and arrested him. The director of Alcoholic Beverage Control (ABC), pursuant to K.S.A. 41-2633a, fined Sanctuary $500 for violating K.S.A. 41-2615.

Sanctuary brought an action in small claims court against Smith to recover the $500 fine imposed...

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