Chapter 9.40
MINORS
Sections:
9.40.020 Operation of amusement device by minor.
9.40.025 Gambling not legalized.
9.40.030 Age – Presumption of knowledge.
9.40.040 Purchase of tobacco by a minor.
9.40.050 Selling or giving tobacco to a minor.
9.40.060 Possession of tobacco by a minor.
9.40.070 Possession and consumption of alcoholic beverages by minors – Absolute sobriety.
9.40.010 Definitions.
“Coin-operated amusement devices” are hereby defined as:
(1) “Coin-operated device, class l” means an entertainment or amusement device or amusement apparatus which operates by means of insertion of a coin, token or other similar object except a coin-operated radio, which does not involve an element of chance;
(2) “Coin-operated device, class 2” means a pinball machine including a bingo type coin-operated device, horse race machine, or other apparatus or device which operates by means of insertion of a coin, token or similar object and which, by embodying the elements of chance or skill, awards free plays and which contains a device for releasing free plays and a meter for registering or recording the plays so released, or with a provision for multiple coin insertion for increasing the odds; class 2 does not include bona fide vending machines in which gaming or amusement features are not incorporated;
(3) “Coin-operated device, class 3” means a slot machine or other apparatus or device which operates by means of insertion of a coin, token, or similar object and which, by strict dependence upon the element of chance, may deliver or may entitle the person playing or operating the machine to receive cash, premiums, merchandise, or tokens. (Ord. 751 § 1, 1972. Code 1962 § 5-15)
9.40.020 Operation of amusement device by minor.
(a) It is unlawful for any person under the age of 18 to play or operate any amusement device as defined in KMC 9.40.010, subsections (2) and (3) of the definition of “coin-operated amusement devices,” and it is unlawful for any owner or operator of any such device, or for any manager or other person in charge of premises where such amusement device is kept, maintained, or operated, to permit or allow any person under the age of 18 to play or operate any such amusement device, as defined in KMC 9.40.010, subsections (2) and (3) of the definition of “coin-operated amusement devices,” except a music machine or coin-operated device designated class 1 in KMC 9.40.010, subsection (1) of the definition of “coin-operated amusement devices.”
(b) No machine or device, except a music machine, may be placed, used, located or operated within a radius of 100 yards of a school building. (Ord. 751 § 2, 1972. Code 1962 § 5-16)
9.40.025 Gambling not legalized.
Nothing herein shall be construed to legalize gambling or the possession of a gambling device. (Ord. 751 § 3, 1972)
9.40.030 Age – Presumption of knowledge.
Any owner, operator, manager, or other person in charge of premises where an amusement device is kept, maintained, or operated who permits or allows any person under the age of 18 to play or operate any such amusement device shall be presumed to have known that such person was under the age of 18; and any person who passes himself off as the age of 18, when in truth and in fact he is not of that age, is equally guilty with the owner, operator, manager, or other person in charge of the premises, and shall be punished accordingly. (Code 1962 § 5-17)
9.40.040 Purchase of tobacco by a minor.
A person under 19 years of age may not knowingly purchase a cigarette, a cigar, tobacco, or a product containing tobacco. This section does not apply to a person who is a prisoner at an adult correctional facility. (Ord. 1234 § 1, 1992)
9.40.050 Selling or giving tobacco to a minor.
(a) A person commits the offense of selling or giving tobacco to a minor if the person is 19 years of age or older, and:
(1) Knowingly sells, exchanges, or gives a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 19 years of age; or
(2) Maintains a vending machine that dispenses cigarettes, cigars, tobacco, or products containing tobacco and that is accessible to persons under 19 years of age.
(b) Notwithstanding the provisions of subsection (a) of this section, a person who maintains a vending machine is not in violation of subsection (a)(2) of this section if:
(1) The vending machine is in a location that is generally supervised by a person who maintains the vending machine, or an employee of the person, during the hours the machine is accessible;
(2) The vending machine is in a location where a person under 21 years of age, other than an employee of the owner of the premises, is not allowed entry by law unless accompanied by a parent, guardian, or spouse of the person who is 21 years of age or older; or
(3) The vending machine is in a location where a person under 19 years of age is not allowed entry by policy of the owner of the premises unless accompanied by a person 19 years of age or older.
(c) In this section, a person maintains a vending machine if the person owns the machine or owns or controls a facility in which the machine is located.
(d) Selling or giving tobacco to a minor is a violation.
(e) The provisions of subsection (a) of this section do not apply to a person who sells or gives tobacco to a minor, if the minor is a prisoner at an adult correctional facility. (Ord. 1234 § 2, 1992)
9.40.060 Possession of tobacco by a minor.
A person under 19 years of age may not knowingly possess a cigarette, a cigar, tobacco, or a product containing tobacco. This section does not apply to a person who is a prisoner at an adult correctional facility. (Ord. 1234 § 2, 1992)
9.40.070 Possession and consumption of alcoholic beverages by minors – Absolute sobriety.
(a) A person under the age of 18 years may not knowingly consume, possess or control alcoholic beverages except those beverages furnished:
(1) By a parent to the parent’s child, by a guardian to the guardian’s ward or by a person to the legal spouse of that person if the furnishing occurs off licensed premises; or
(2) By a licensed physician or nurse to a patient in the course of administering medical treatment.
For purposes of this section a person shall also be deemed to be consuming, or to be in possession of, an alcoholic beverage during the entire time that alcohol is present in any amount within that person’s body or whenever the person exhibits any effect of alcohol. (Ord. 1270 § 2, 1993)
9.40.080 Penalties.
KMC 9.40.070 is a criminal law of the city of Ketchikan. Upon finding that a minor is delinquent for violation of KMC 9.40.070, the court may, after complying with the requirements of AS 47.10, order the minor committed to the state Department of Health and Social Services which may, to the extent permitted by AS 47.10, detain the minor in a juvenile facility for not more than 90 days. In addition to or in lieu of such detention the court may impose such other probation, supervision, restitution, placement, or other commitment as permitted by AS 47.10. (Ord. 1270 § 3, 1993)