SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2059
As Amended by House Committee on Federal
and State Affairs
Brief*
HB 2059, as amended, would amend the Kansas Club
and Drinking Establishment Act’s provisions related to
common consumption areas to remove the requirement that a
city or county require that the portions of common
consumption areas on public streets or roadways be blocked
from motorized traffic during events.
The bill would also require each common consumption
area to be marked by signs that are conspicuously posted,
identifying the boundaries of such area and in a size and
manner that provides notice to persons entering or leaving
the area.
Background
The bill was requested for introduction in the House
Committee on Federal and State Affairs by a representative
of the City of Topeka on January 18, 2023.
House Committee on Federal and State Affairs
During the House Committee hearing, Representative
Blew and representatives of the City of Topeka, Kansas
League of Municipalities, Kansas Restaurant and Hospitality
Association, and the NOTO Arts and Entertainment District
provided proponent testimony stating the bill would help
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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org cities designate larger and more open areas for events with
common consumption area permits and to attract additional
patrons.
Neutral testimony was provided by a representative of
the Division of Alcoholic Beverage Control, Kansas
Department of Revenue, who stated the agency has some
public safety concerns and would prefer additional language
be added concerning liability.
No other testimony was provided.
The House Committee amended the bill to replace
proposed language allowing the use of appropriate signage
for marking a common consumption area with language
specifying common consumption area signage be in a size
and manner that provides notice to patrons of the boundaries.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Kansas Association
of Counties indicates enactment of the bill could increase
revenues to counties from additional application fees,
provided that enforcement costs would not exceed new
revenues.
The League of Kansas Municipalities indicates
enactment of the bill would have no fiscal effect.
Alcoholic beverages; common consumption area; roadway
2- 2059