Furthermore, K.S.A. 2008 Supp. 8-1599(b)(1) provides that alcohol may be transported in “the original unopened package or container, the seal of which has not been broken and from which the original cap, cork or other means of closure has not been removed.” But a cardboard box carrying cans of beer does not have a seal to be broken or a cap to remove. Rather, the liquid is sealed inside the can. Accordingly, even if we did not apply the rule of lenity, it is apparent that a box of unopened cans of beer does not fall within the statutory description of a package or container of alcohol. Thus, we conclude that it is not a violation of the statute to transport a box containing unopened cans or bottles of beer.
[Update: the state did not file a PR and the mandate issued on June 21, 2012.]