Kansas 2023-2024 Regular Session

Kansas House Bill HB2431 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2023
2	2	HOUSE BILL No. 2431
3	3	By Committee on Federal and State Affairs
4	4	2-20
5	5	AN ACT concerning alcoholic liquor; relating to public waters; allowing
6	6	vessels that operate upon the Perry reservoir to be licensed as clubs or
7	7	drinking establishments notwithstanding any zoning regulation or other
8	8	regulation of any city, township or county; amending K.S.A. 41-2601,
9	9	41-2612 and 41-2702 and K.S.A. 2022 Supp. 41-719 and 41-2608 and
10	10	repealing the existing sections.
11	11	Be it enacted by the Legislature of the State of Kansas:
12	12	Section 1. K.S.A. 2022 Supp. 41-719 is hereby amended to read as
13	13	follows: 41-719. (a) (1) Except as otherwise provided herein and in K.S.A.
14	14	8-1599, and amendments thereto, no person shall drink or consume
15	15	alcoholic liquor on the public streets, alleys, roads or highways or inside
16	16	vehicles while on the public streets, alleys, roads or highways.
17	17	(2) Alcoholic liquor may be consumed on public streets, alleys, roads,
18	18	sidewalks or highways when:
19	19	(A) A temporary permit has been issued pursuant to K.S.A. 41-1201
20	20	or 41-2703, and amendments thereto, for such an event;
21	21	(B) a caterer's licensee has provided the required notification for a
22	22	catered event pursuant to K.S.A. 41-2643, and amendments thereto; or
23	23	(C) a public venue, hotel, hotel caterer, drinking establishment caterer
24	24	or drinking establishment licensee has been authorized to extend its
25	25	licensed premises pursuant to K.S.A. 41-2608, and amendments thereto.
26	26	(3) Consumption of alcoholic liquor on public streets, alleys, roads,
27	27	sidewalks or highways must be approved, by ordinance or resolution, by
28	28	the local governing body of any city, county or township where such
29	29	consumption will occur. No alcoholic liquor may be consumed inside
30	30	vehicles while on public streets, alleys, roads or highways at any time.
31	31	(4) No person shall remove any alcoholic liquor from inside the
32	32	boundaries of an event as designated by the governing body of any city,
33	33	county or township, from the boundaries of a catered event or from the
34	34	extended licensed premises of a public venue, hotel, hotel caterer, drinking
35	35	establishment caterer or drinking establishment. Such boundaries shall be
36	36	clearly marked by signs, a posted map or other means which that
37	37	reasonably identify the area in which alcoholic liquor may be possessed or
38	38	consumed.
39	39	(b) Alcoholic liquor may be consumed within common consumption
40	40	1
41	41	2
42	42	3
43	43	4
44	44	5
45	45	6
46	46	7
47	47	8
48	48	9
49	49	10
50	50	11
51	51	12
52	52	13
53	53	14
54	54	15
55	55	16
56	56	17
57	57	18
58	58	19
59	59	20
60	60	21
61	61	22
62	62	23
63	63	24
64	64	25
65	65	26
66	66	27
67	67	28
68	68	29
69	69	30
70	70	31
71	71	32
72	72	33
73	73	34
74	74	35
75	75	36 HB 2431 2
76	76	areas designated by a city or county on public streets, alleys, roads,
77	77	sidewalks or highways pursuant to K.S.A. 41-2659, and amendments
78	78	thereto, except that no alcoholic liquor may be consumed inside vehicles
79	79	while on public streets, alleys, roads or highways within a common
80	80	consumption area. Further, no person shall remove any alcoholic liquor
81	81	from inside the boundaries of the common consumption area which that
82	82	shall be clearly designated by a physical barrier.
83	83	(c) No person shall drink or consume alcoholic liquor on private
84	84	property except:
85	85	(1) On premises where the sale of liquor by the individual drink is
86	86	authorized by the club and drinking establishment act;
87	87	(2) upon private property by a person occupying such property as an
88	88	owner or lessee of an owner and by the guests of such person, if no charge
89	89	is made for the serving or mixing of any drink or drinks of alcoholic liquor
90	90	or for any substance mixed with any alcoholic liquor and if no sale of
91	91	alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
92	92	takes place;
93	93	(3) in a lodging room of any hotel, motel or boarding house by the
94	94	person occupying such room and by the guests of such person, if no charge
95	95	is made for the serving or mixing of any drink or drinks of alcoholic liquor
96	96	or for any substance mixed with any alcoholic liquor and if no sale of
97	97	alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
98	98	takes place;
99	99	(4) in a private dining room of a hotel, motel or restaurant, if the
100	100	dining room is rented or made available on a special occasion to an
101	101	individual or organization for a private party and if no sale of alcoholic
102	102	liquor in violation of K.S.A. 41-803, and amendments thereto, takes place;
103	103	(5) on the premises of a manufacturer, microbrewery, microdistillery
104	104	or farm winery, if authorized by K.S.A. 41-305, 41-308a, 41-308b or 41-
105	105	354, and amendments thereto;
106	106	(6) on the premises of an unlicensed business as authorized pursuant
107	107	to subsection (j); or
108	108	(7) within a common consumption area established pursuant to
109	109	K.S.A. 41-2659, and amendments thereto.
110	110	(d) No person shall drink or consume alcoholic liquor on public
111	111	property except:
112	112	(1) On real property leased by a city to others under the provisions of
113	113	K.S.A. 12-1740 through 12-1749, and amendments thereto, if such real
114	114	property is actually being used for hotel or motel purposes or purposes
115	115	incidental thereto.
116	116	(2) In any state-owned or operated building or structure, and on the
117	117	surrounding premises, which that is furnished to and occupied by any state
118	118	officer or employee as a residence.
119	119	1
120	120	2
121	121	3
122	122	4
123	123	5
124	124	6
125	125	7
126	126	8
127	127	9
128	128	10
129	129	11
130	130	12
131	131	13
132	132	14
133	133	15
134	134	16
135	135	17
136	136	18
137	137	19
138	138	20
139	139	21
140	140	22
141	141	23
142	142	24
143	143	25
144	144	26
145	145	27
146	146	28
147	147	29
148	148	30
149	149	31
150	150	32
151	151	33
152	152	34
153	153	35
154	154	36
155	155	37
156	156	38
157	157	39
158	158	40
159	159	41
160	160	42
161	161	43 HB 2431 3
162	162	(3) On premises licensed as a club or drinking establishment and
163	163	located on property owned or operated by an airport authority created
164	164	pursuant to chapter 27 of the Kansas Statutes Annotated, and amendments
165	165	thereto, or established by a city.
166	166	(4) On the state fair grounds on the day of any race held thereon
167	167	pursuant to the Kansas parimutuel racing act.
168	168	(5) On the state fairgrounds, within boundaries that have been marked
169	169	with a three-dimensional barrier, if: (A) The alcoholic liquor is domestic
170	170	beer or wine or wine imported under K.S.A. 41-308a(e), and amendments
171	171	thereto, and is consumed only for purposes of judging competitions; (B)
172	172	the alcoholic liquor is wine or beer that is sold during the days of the
173	173	Kansas state fair, or as authorized by the Kansas state fair board, by the
174	174	holder of a temporary permit in accordance with the provisions of K.S.A.
175	175	41-1201(g), and amendments thereto; or (C) the alcoholic liquor is
176	176	consumed on nonfair days in conjunction with bona fide scheduled events
177	177	involving not less than 75 invited guests and the state fair board, in its
178	178	discretion, authorizes the consumption of the alcoholic liquor, subject to
179	179	any conditions or restrictions the board may require.
180	180	(6) In the state historical museum provided for by K.S.A. 76-2036,
181	181	and amendments thereto, on the surrounding premises and in any other
182	182	building on such premises, as authorized by rules and regulations of the
183	183	state historical society.
184	184	(7) On the premises of any state-owned historic site under the
185	185	jurisdiction and supervision of the state historical society, on the
186	186	surrounding premises and in any other building on such premises, as
187	187	authorized by rules and regulations of the state historical society.
188	188	(8) In a lake resort within the meaning of K.S.A. 32-867, and
189	189	amendments thereto, on state-owned or leased property.
190	190	(9) On the premises of any Kansas national guard regional training
191	191	center or armory, and any building on such premises, as authorized by
192	192	rules and regulations of the adjutant general and upon approval of the
193	193	Kansas military board.
194	194	(10) On the premises of any land or waters owned or managed by the
195	195	Kansas department of wildlife, and parks and tourism, except as otherwise
196	196	prohibited by rules and regulations of the department adopted by the
197	197	secretary pursuant to K.S.A. 32-805, and amendments thereto, that are not
198	198	in conflict with the provisions of K.S.A. 2022 Supp. 41-2608, and
199	199	amendments thereto.
200	200	(11) On property exempted from this subsection pursuant to
201	201	subsection (e), (f), (g), (h) or (i).
202	202	(12) On the premises of the state capitol building or on its
203	203	surrounding premises during an official state function of a nonpartisan
204	204	nature that has been approved by the legislative coordinating council.
205	205	1
206	206	2
207	207	3
208	208	4
209	209	5
210	210	6
211	211	7
212	212	8
213	213	9
214	214	10
215	215	11
216	216	12
217	217	13
218	218	14
219	219	15
220	220	16
221	221	17
222	222	18
223	223	19
224	224	20
225	225	21
226	226	22
227	227	23
228	228	24
229	229	25
230	230	26
231	231	27
232	232	28
233	233	29
234	234	30
235	235	31
236	236	32
237	237	33
238	238	34
239	239	35
240	240	36
241	241	37
242	242	38
243	243	39
244	244	40
245	245	41
246	246	42
247	247	43 HB 2431 4
248	248	(13) On premises of a common consumption area established by
249	249	K.S.A. 41-2659, and amendments thereto.
250	250	(14) Upon the waters of the Perry reservoir.
251	251	(e) Any city may exempt, by ordinance, from the provisions of
252	252	subsection (d) specified property the title of which is vested in such city.
253	253	(f) The board of county commissioners of any county may exempt,
254	254	by resolution, from the provisions of subsection (d) specified property the
255	255	title of which is vested in such county.
256	256	(g) The state board of regents may exempt from the provisions of
257	257	subsection (d) the Sternberg museum on the campus of Fort Hays state
258	258	university, or other specified property which that is under the control of
259	259	such board and which is not used for classroom instruction, where
260	260	alcoholic liquor may be consumed in accordance with policies adopted by
261	261	such board.
262	262	(h) The board of regents of Washburn university may exempt from
263	263	the provisions of subsection (d) the Mulvane art center and the Bradbury
264	264	Thompson alumni center on the campus of Washburn university, and other
265	265	specified property the title of which is vested in such board and which is
266	266	not used for classroom instruction, where alcoholic liquor may be
267	267	consumed in accordance with policies adopted by such board.
268	268	(i) The board of trustees of a community college may exempt from
269	269	the provisions of subsection (d) specified property that is under the control
270	270	of such board and is not used for classroom instruction, where alcoholic
271	271	liquor may be consumed in accordance with policies adopted by such
272	272	board.
273	273	(j) (1) An unlicensed business may authorize patrons or guests of
274	274	such business to consume alcoholic liquor on the premises of such
275	275	business provided:
276	276	(A) Such alcoholic liquor is in the personal possession of the patron
277	277	and is not sold, offered for sale or given away by the owner of such
278	278	business or any employees thereof;
279	279	(B) possession and consumption of alcoholic liquor shall not be
280	280	authorized between the hours of 12 a.m. and 9 a.m.;
281	281	(C) the business, or any owner thereof, shall not have had a license
282	282	issued under either the Kansas liquor control act or the club and drinking
283	283	establishment act revoked for any reason; and
284	284	(D) no charge of any sort may be made by the business for the
285	285	privilege of possessing or consuming alcoholic liquor on the premises, or
286	286	for mere entry onto the premises.
287	287	(2) It shall be a violation of this section for any unlicensed business to
288	288	authorize the possession or consumption of alcoholic liquor by a patron of
289	289	such business when such authorization is not in accordance with the
290	290	provisions of this subsection.
291	291	1
292	292	2
293	293	3
294	294	4
295	295	5
296	296	6
297	297	7
298	298	8
299	299	9
300	300	10
301	301	11
302	302	12
303	303	13
304	304	14
305	305	15
306	306	16
307	307	17
308	308	18
309	309	19
310	310	20
311	311	21
312	312	22
313	313	23
314	314	24
315	315	25
316	316	26
317	317	27
318	318	28
319	319	29
320	320	30
321	321	31
322	322	32
323	323	33
324	324	34
325	325	35
326	326	36
327	327	37
328	328	38
329	329	39
330	330	40
331	331	41
332	332	42
333	333	43 HB 2431 5
334	334	(3) For the purposes of this subsection, "patron" means a natural
335	335	person who is a customer or guest of an unlicensed business.
336	336	(k) Violation of any provision of this section is a misdemeanor
337	337	punishable by a fine of not less than $50 or more than $200 or by
338	338	imprisonment for not more than six months, or both.
339	339	(l) For the purposes of this section, "common consumption area"
340	340	means the same as that term is defined in K.S.A. 41-2659, and
341	341	amendments thereto.
342	342	Sec. 2. K.S.A. 41-2601 is hereby amended to read as follows: 41-
343	343	2601. As used in the club and drinking establishment act:
344	344	(a) The following terms mean the same as provided by defined in
345	345	K.S.A. 41-102, and amendments thereto:
346	346	(1) "Alcoholic liquor";
347	347	(2) "director";
348	348	(3) "original package";
349	349	(4) "person";
350	350	(5) "sale"; and
351	351	(6) "to sell."
352	352	(b) "Beneficial interest" shall not include any interest a person may
353	353	have as owner, operator, lessee or franchise holder of a licensed hotel or
354	354	motel on the premises of which a club or drinking establishment is located.
355	355	(c) "Caterer" means an individual, partnership or corporation that
356	356	sells alcoholic liquor or cereal malt beverage by the individual drink, and
357	357	provides services related to the serving thereof, on unlicensed premises
358	358	that may be open to the public, but does not include a holder of a
359	359	temporary permit, selling alcoholic liquor or cereal malt beverage in
360	360	accordance with the terms of such permit.
361	361	(d) "Cereal malt beverage" means the same as provided by K.S.A. 41-
362	362	2701, and amendments thereto.
363	363	(e) "Class A club" means a premises that is owned or leased by a
364	364	corporation, partnership, business trust or association and that is operated
365	365	thereby as a bona fide nonprofit social, fraternal or war veterans' club, as
366	366	determined by the director, for the exclusive use of the corporate
367	367	stockholders, partners, trust beneficiaries or associates, hereinafter referred
368	368	to as members, and their families and guests accompanying them, as
369	369	provided in K.S.A. 41-2637, and amendments thereto.
370	370	(f) "Class B club" means a premises operated for profit by a
371	371	corporation, partnership or individual, to which members of such club may
372	372	resort for the consumption of food or alcoholic beverages and for
373	373	entertainment.
374	374	(g) "Club" means a class A or class B club.
375	375	(h) "Drinking establishment" means premises that may be open to the
376	376	general public, where alcoholic liquor or cereal malt beverage by the
377	377	1
378	378	2
379	379	3
380	380	4
381	381	5
382	382	6
383	383	7
384	384	8
385	385	9
386	386	10
387	387	11
388	388	12
389	389	13
390	390	14
391	391	15
392	392	16
393	393	17
394	394	18
395	395	19
396	396	20
397	397	21
398	398	22
399	399	23
400	400	24
401	401	25
402	402	26
403	403	27
404	404	28
405	405	29
406	406	30
407	407	31
408	408	32
409	409	33
410	410	34
411	411	35
412	412	36
413	413	37
414	414	38
415	415	39
416	416	40
417	417	41
418	418	42
419	419	43 HB 2431 6
420	420	individual drink is sold. The term "Drinking establishment" includes a
421	421	railway car or vessel.
422	422	(i) "Food" means any raw, cooked or processed edible substance or
423	423	ingredient, other than alcoholic liquor or cereal malt beverage, used or
424	424	intended for use or for sale, in whole or in part, for human consumption.
425	425	(j) "Food service establishment" means the same as provided by
426	426	K.S.A. 36-501, and amendments thereto.
427	427	(k) "Hotel" means the same as provided by K.S.A. 36-501, and
428	428	amendments thereto.
429	429	(l) "Individual drink" means a beverage containing alcoholic liquor or
430	430	cereal malt beverage served to an individual for consumption by such
431	431	individual or another individual, but which that is not intended to be
432	432	consumed by two or more individuals. The term "individual drink"
433	433	includes beverages containing not more than:
434	434	(1) Eight ounces of wine;
435	435	(2) thirty-two32 ounces of beer or cereal malt beverage; or
436	436	(3) four ounces of a single spirit or a combination of spirits.
437	437	(m) "Minibar" means a closed cabinet, whether nonrefrigerated or
438	438	wholly or partially refrigerated, access to the interior of which is restricted
439	439	by means of a locking device that requires the use of a key, magnetic card
440	440	or similar device.
441	441	(n) "Minor" means a person under 21 years of age.
442	442	(o) "Morals charge" means a charge involving the sale of sexual
443	443	relations; procuring any person; soliciting of a child under 18 years of age
444	444	for any immoral act involving sex; possession or sale of narcotics,
445	445	marijuana, amphetamines or barbiturates; rape; incest; gambling; illegal
446	446	cohabitation; adultery; bigamy; or a crime against nature.
447	447	(p) "Municipal corporation" means the governing body of any county
448	448	or city.
449	449	(q) "Public venue" means an arena, stadium, hall or theater, used
450	450	primarily for athletic or sporting events, live concerts, live theatrical
451	451	productions or similar seasonal entertainment events, not operated on a
452	452	daily basis, and containing:
453	453	(1) Not fewer than 4,000 permanent seats; and
454	454	(2) not fewer than two private suites that are enclosed or semi-
455	455	enclosed seating areas, having controlled access and separated from the
456	456	general admission areas by a permanent barrier.
457	457	(r) "Railway car" means a locomotive drawn conveyance used for the
458	458	transportation and accommodation of human passengers that is confined to
459	459	a fixed rail route and which derives from sales of food for consumption on
460	460	the railway car not less than 30% of its gross receipts from all sales of food
461	461	and beverages in a 12-month period.
462	462	(s) "Restaurant" means:
463	463	1
464	464	2
465	465	3
466	466	4
467	467	5
468	468	6
469	469	7
470	470	8
471	471	9
472	472	10
473	473	11
474	474	12
475	475	13
476	476	14
477	477	15
478	478	16
479	479	17
480	480	18
481	481	19
482	482	20
483	483	21
484	484	22
485	485	23
486	486	24
487	487	25
488	488	26
489	489	27
490	490	28
491	491	29
492	492	30
493	493	31
494	494	32
495	495	33
496	496	34
497	497	35
498	498	36
499	499	37
500	500	38
501	501	39
502	502	40
503	503	41
504	504	42
505	505	43 HB 2431 7
506	506	(1) In the case of a club, a licensed food service establishment that, as
507	507	determined by the director, derives from sales of food for consumption on
508	508	the licensed club premises not less than 50% of its gross receipts from all
509	509	sales of food and beverages on such premises in a 12-month period;
510	510	(2) in the case of a drinking establishment subject to a food sales
511	511	requirement under K.S.A. 41-2642, and amendments thereto, a licensed
512	512	food service establishment that, as determined by the director, derives
513	513	from sales of food for consumption on the licensed drinking establishment
514	514	premises not less than 30% of its gross receipts from all sales of food and
515	515	beverages on such premises in a 12-month period; and
516	516	(3) in the case of a drinking establishment subject to no food sales
517	517	requirement under K.S.A. 41-2642, and amendments thereto, a licensed
518	518	food service establishment.
519	519	(t) "RV resort" means premises where a place to park recreational
520	520	vehicles, as defined in K.S.A. 75-1212, and amendments thereto, is offered
521	521	for pay, primarily to transient guests, for overnight or longer use while
522	522	such recreational vehicles are used as sleeping or living accommodations.
523	523	(u) "Sample" means a serving of alcoholic liquor or cereal malt
524	524	beverage that contains not more than:
525	525	(1) One-half ounce of distilled spirits;
526	526	(2) one ounce of wine; or
527	527	(3) two ounces of beer or cereal malt beverage.
528	528	A sample of a mixed alcoholic beverage shall contain not more than ½
529	529	ounce of distilled spirits.
530	530	(v) "Secretary" means the secretary of revenue.
531	531	(w) "Temporary permit" means a temporary permit issued pursuant to
532	532	K.S.A. 41-1201, and amendments thereto.
533	533	(x) "Vessel" means any watercraft designed to be propelled by
534	534	machinery, oars, paddles or wind action upon a sail for navigation on the
535	535	water.
536	536	Sec. 3. K.S.A. 2022 Supp. 41-2608 is hereby amended to read as
537	537	follows: 41-2608. (a) Any public venue, club or drinking establishment
538	538	license issued pursuant to this act shall be for one particular premises that
539	539	shall be stated in the application and in the license. Not more than one
540	540	premises licensed under the club and drinking establishment act shall exist
541	541	at a single legal address.
542	542	(b) No license shall be issued for a public venue, club or drinking
543	543	establishment unless the city, township or county zoning code allows a
544	544	club or drinking establishment at that location, except as otherwise
545	545	provided under subsections (d) and (e).
546	546	(c) The licensed premises of a license may be extend into a city,
547	547	county or township street, alley, road, sidewalk or highway if:
548	548	(1) Such street, alley, road, sidewalk or highway is closed to motor
549	549	1
550	550	2
551	551	3
552	552	4
553	553	5
554	554	6
555	555	7
556	556	8
557	557	9
558	558	10
559	559	11
560	560	12
561	561	13
562	562	14
563	563	15
564	564	16
565	565	17
566	566	18
567	567	19
568	568	20
569	569	21
570	570	22
571	571	23
572	572	24
573	573	25
574	574	26
575	575	27
576	576	28
577	577	29
578	578	30
579	579	31
580	580	32
581	581	33
582	582	34
583	583	35
584	584	36
585	585	37
586	586	38
587	587	39
588	588	40
589	589	41
590	590	42
591	591	43 HB 2431 8
592	592	vehicle traffic by the governing body of such city, county or township at
593	593	any time during which alcoholic liquor or cereal malt beverage is to be
594	594	sold or consumed; and
595	595	(2) such extension has been approved by the city, county or township
596	596	by ordinance or resolution that specifies the exact times during which
597	597	alcoholic liquor or cereal malt beverage may be sold or consumed on the
598	598	street, alley, road, sidewalk or highway.
599	599	(d) Notwithstanding the provisions of this section, a license under this
600	600	act shall be issued to a farm winery or producer licensee who meets the
601	601	requirements for a license under this act and who is a registered
602	602	agritourism operator as defined in K.S.A. 32-1432, and amendments
603	603	thereto. Such license shall not be denied on the basis of any zoning
604	604	regulation or other regulation, ordinance or resolution of any city or
605	605	county.
606	606	(e) Notwithstanding any other provision of law, rule or regulation
607	607	adopted by the secretary of wildlife and parks or any zoning regulation or
608	608	other regulation, ordinance or resolution of a city, township or county, a
609	609	vessel that operates upon the waters of the Perry reservoir may be
610	610	licensed as a club or drinking establishment pursuant to this act.
611	611	Sec. 4. K.S.A. 41-2612 is hereby amended to read as follows: 41-
612	612	2612. Every holder of a license for a club or drinking establishment shall
613	613	cause such license to be framed and hung in plain view in a conspicuous
614	614	place on the licensed premises. In the case of a railway car or vessel, the
615	615	license shall be posted at its main office which shall be stated in the
616	616	application.
617	617	Sec. 5. K.S.A. 41-2702 is hereby amended to read as follows: 41-
618	618	2702. (a) No retailer shall sell any cereal malt beverage or beer containing
619	619	not more than 6% alcohol by volume without having first secured a license
620	620	for each place of business as herein provided. In case such place of
621	621	business is located within the corporate limits of a city, the application for
622	622	license shall be made to the governing body of such city. In all other cases,
623	623	the application for license shall be made to the board of county
624	624	commissioners in the county in which such place of business is to be
625	625	located, except that the application for license to sell on railway cars or
626	626	vessels shall be made to the director as hereinafter provided.
627	627	(b) A board of county commissioners shall not issue or renew a
628	628	retailer's license without giving the clerk of the township where the place
629	629	of business is to be located written notice by registered mail of the filing of
630	630	the application for licensure or renewal. The township board may within
631	631	10 days file advisory recommendations as to the granting of such license
632	632	or renewal and such advisory recommendations shall be considered by the
633	633	board of county commissioners before such license is issued. If an original
634	634	license is granted and issued, the board of county commissioners shall
635	635	1
636	636	2
637	637	3
638	638	4
639	639	5
640	640	6
641	641	7
642	642	8
643	643	9
644	644	10
645	645	11
646	646	12
647	647	13
648	648	14
649	649	15
650	650	16
651	651	17
652	652	18
653	653	19
654	654	20
655	655	21
656	656	22
657	657	23
658	658	24
659	659	25
660	660	26
661	661	27
662	662	28
663	663	29
664	664	30
665	665	31
666	666	32
667	667	33
668	668	34
669	669	35
670	670	36
671	671	37
672	672	38
673	673	39
674	674	40
675	675	41
676	676	42
677	677	43 HB 2431 9
678	678	grant and issue renewals thereof upon application of the license holder, if
679	679	the license holder is qualified to receive the same and the license has not
680	680	been revoked as provided by law.
681	681	(c) An application for a retailer's license shall be verified and upon a
682	682	form prepared by the attorney general of the state and shall contain:
683	683	(1) The name and residence of the applicant;
684	684	(2) the length of time that the applicant has resided within the state of
685	685	Kansas;
686	686	(3) the particular place of business for which a license is desired;
687	687	(4) the name of the owner of the premises upon which the place of
688	688	business is located; and
689	689	(5) a statement that the applicant is a citizen of the United States and
690	690	not less than 21 years of age and that the applicant has not within two
691	691	years immediately preceding the date of making application been
692	692	convicted of a felony, any crime involving moral turpitude, drunkenness,
693	693	driving a motor vehicle while under the influence of intoxicating liquor or
694	694	violation of any other intoxicating liquor law of any state or of the United
695	695	States.
696	696	(d) In addition to the fee provided by subsection (e), each application
697	697	for a retailer's license to sell cereal malt beverages for consumption on the
698	698	licensed premises shall be accompanied by a fee as follows:
699	699	(1) For licensure of a place of business other than a railway car or
700	700	vessel, a fee of not less than $25 nor more than $200, as prescribed by the
701	701	board of county commissioners or the governing body of the city, as the
702	702	case may be; and
703	703	(2) for licensure to sell on railway cars or vessels, a fee of $100.
704	704	(e) Each applicant for a retailer's license or renewal of such a license
705	705	shall submit to the director a copy of the completed application for such
706	706	license or license renewal, together with a fee of $25. Upon receipt of such
707	707	application, the director shall authorize a state stamp to be affixed to the
708	708	license. No such stamp shall be affixed to any license except such stamps
709	709	as provided by the director and no retailer's license shall be issued or
710	710	renewed unless such stamp has first been affixed thereto. The director may
711	711	refuse to issue a stamp if the applicant or licensee is not current in the
712	712	payment of any fines imposed by the director relating to such license or a
713	713	license previously issued pursuant to this section, the Kansas liquor control
714	714	act or the club and drinking establishment act.
715	715	(f) The director shall remit all fees collected by the director to the
716	716	state treasurer in accordance with the provisions of K.S.A. 75-4215, and
717	717	amendments thereto. Upon receipt of each such remittance, the state
718	718	treasurer shall deposit the entire amount in the state treasury to the credit
719	719	of the state general fund, except that the director may provide for the
720	720	deposit in the cereal malt beverage tax refund fund of such amounts as
721	721	1
722	722	2
723	723	3
724	724	4
725	725	5
726	726	6
727	727	7
728	728	8
729	729	9
730	730	10
731	731	11
732	732	12
733	733	13
734	734	14
735	735	15
736	736	16
737	737	17
738	738	18
739	739	19
740	740	20
741	741	21
742	742	22
743	743	23
744	744	24
745	745	25
746	746	26
747	747	27
748	748	28
749	749	29
750	750	30
751	751	31
752	752	32
753	753	33
754	754	34
755	755	35
756	756	36
757	757	37
758	758	38
759	759	39
760	760	40
761	761	41
762	762	42
763	763	43 HB 2431 10
764	764	necessary for the refund of any license fees collected hereunder.
765	765	(g) The board of county commissioners of the several counties or the
766	766	governing body of a city shall issue a license upon application duly made
767	767	as otherwise provided for herein, to any retailer engaged in business in
768	768	such county or city and qualified to receive such license, to sell only cereal
769	769	malt beverages in original and unopened containers, and not for
770	770	consumption on the premises. The annual license fee for such license,
771	771	which shall be in addition to the fee provided by subsection (e), shall be
772	772	not less than $25 nor more than $50.
773	773	(h) No license issued under this act shall be transferable.
774	774	Sec. 6. K.S.A. 41-2601, 41-2612 and 41-2702 and K.S.A. 2022 Supp.
775	775	41-719 and 41-2608 are hereby repealed.
776	776	Sec. 7. This act shall take effect and be in force from and after its
777	777	publication in the statute book.
778	778	1
779	779	2
780	780	3
781	781	4
782	782	5
783	783	6
784	784	7
785	785	8
786	786	9
787	787	10
788	788	11
789	789	12
790	790	13
791	791	14