Appeals court rules in favor of Wilson

By The Mercury

A state appeals court Friday handed Kite’s Bar and Grill a victory in a case about the way minor-in-possession cases are handled.

The case stemmed from a Riley County Police Department citation issued Dec. 18, 2010, to a 19-year-old woman for having a beer in Kite’s.

The bar’s license was suspended for four weekend days because of that citation.

But bar owner Rusty Wilson appealed on the grounds that the police did not give a citation to the bartender or manager at the time, as required by state law.

The decision from the court in Topeka reversed rulings by the state division of Alcoholic Beverage Control and the Riley County District Court. It renders the Kite’s license suspension moot.

And Wilson’s lawyer, Jeremy Platt, said requiring that police give a citation to the actual person who allowed the minor to possess alcohol would serve to provide bar owners such as Wilson ample notice to be able to fix problems. Otherwise, he said, it might be 30 days before they are ever notified by the ABC.

“If Rusty doesn’t find out for 30 days, how does he correct the problem?” Platt said. “Let’s find out how the minor got in here so we can fix the problem.”

The ABC has 30 days to appeal the decision to the state Supreme Court, Platt said.

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