KS
Kansas Senate Bill SB15

Kansas 2025-2026 Regular Session

Kansas Senate Bill SB15 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 Session of 2025
22 SENATE BILL No. 15
33 By Committee on Federal and State Affairs
44 1-16
55 AN ACT concerning alcoholic beverages; relating to eligibility for
66 licensure under the Kansas liquor control act and the club and drinking
77 establishment act; authorizing the director of alcoholic beverage control
88 to issue licenses to convicted felons when such conviction occurred
99 more than 10 years prior to application for a license and a
1010 determination of sufficient rehabilitation is made; amending K.S.A. 41-
1111 2623 and K.S.A. 2024 Supp. 41-311 and repealing the existing
1212 sections.
1313 Be it enacted by the Legislature of the State of Kansas:
1414 Section 1. K.S.A. 2024 Supp. 41-311 is hereby amended to read as
1515 follows: 41-311. (a) No license of any kind shall be issued pursuant to the
1616 liquor control act to a person:
1717 (1) Who is not a citizen of the United States;
1818 (2) who has been convicted of a felony under the laws of this state,
1919 any other state or the United States, except as provided in subsection (h);
2020 (3) who has had a license revoked for cause under the provisions of
2121 the liquor control act, the beer and cereal malt beverage keg registration
2222 act or who has had any license issued under the cereal malt beverage laws
2323 of any state revoked for cause except that a license may be issued to a
2424 person whose license was revoked for the conviction of a misdemeanor at
2525 any time after the lapse of 10 years following the date of the revocation;
2626 (4) who has been convicted of being the keeper or is keeping any
2727 property, whether real or personal, where sexual relations are being sold or
2828 offered for sale by a person who is 18 years of age or older or has forfeited
2929 bond to appear in court to answer charges of being a keeper of any
3030 property, whether real or personal, where sexual relations are being sold or
3131 offered for sale by a person who is 18 years of age or older;
3232 (5) who has been convicted of being a proprietor of a gambling
3333 house, pandering or any other crime opposed to decency and morality or
3434 has forfeited bond to appear in court to answer charges for any of those
3535 crimes;
3636 (6) who is not at least 21 years of age;
3737 (7) who, other than as a member of the governing body of a city or
3838 county, appoints or supervises any law enforcement officer, who is a law
3939 enforcement official or who is an employee of the director;
4040 1
4141 2
4242 3
4343 4
4444 5
4545 6
4646 7
4747 8
4848 9
4949 10
5050 11
5151 12
5252 13
5353 14
5454 15
5555 16
5656 17
5757 18
5858 19
5959 20
6060 21
6161 22
6262 23
6363 24
6464 25
6565 26
6666 27
6767 28
6868 29
6969 30
7070 31
7171 32
7272 33
7373 34
7474 35
7575 36 SB 15 2
7676 (8) who intends to carry on the business authorized by the license as
7777 agent of another;
7878 (9) who at the time of application for renewal of any license issued
7979 under this act would not be eligible for the license upon a first application,
8080 except as provided by subsection (a)(12);
8181 (10) who is the holder of a valid and existing license issued under
8282 article 27 of chapter 41 of the Kansas Statutes Annotated, and amendments
8383 thereto, unless the person agrees to and does surrender the license to the
8484 officer issuing the same upon the issuance to the person of a license under
8585 this act, except such person may be issued a farm winery license pursuant
8686 to K.S.A. 41-316, and amendments thereto, or a producer license pursuant
8787 to K.S.A. 41-355, and amendments thereto, and a retailer licensed pursuant
8888 to K.S.A. 41-2702, and amendments thereto, shall be eligible to receive a
8989 retailer's license under the Kansas liquor control act;
9090 (11) who does not own the premises for which a license is sought, or
9191 does not, at the time of application, have a written lease thereon;
9292 (12) whose spouse would be ineligible to receive a license under this
9393 act for any reason other than citizenship requirements or age, except that
9494 this paragraph shall not apply in determining eligibility for a renewal
9595 license or to a person whose spouse is a law enforcement officer;
9696 (13) whose spouse has been convicted of a felony or other crime that
9797 would disqualify a person from licensure under this section and such
9898 felony or other crime was committed during the time that the spouse held a
9999 license under this act;
100100 (14) who does not provide any data or information required by
101101 K.S.A. 41-311b, and amendments thereto; or
102102 (15) who, after a hearing before the director, has been found to have
103103 held an undisclosed beneficial interest in any license issued pursuant to the
104104 liquor control act that was obtained by means of fraud or any false
105105 statement made on the application for such license.
106106 (b) No retailer's license shall be issued to:
107107 (1) A person who has a beneficial interest in a manufacturer,
108108 distributor, farm winery or microbrewery licensed under this act, except
109109 that the spouse of an applicant for a retailer's license may own and hold a
110110 farm winery license, microbrewery license, or both, if the spouse does not
111111 hold a retailer's license issued under this act;
112112 (2) a person who has a beneficial interest in any other retail
113113 establishment licensed under this act, except that the spouse of a licensee
114114 may own and hold a retailer's license for another retail establishment;
115115 (3) a copartnership, unless all of the copartners are qualified to obtain
116116 a license;
117117 (4) a corporation; or
118118 (5) a trust, if any grantor, beneficiary or trustee would be ineligible to
119119 1
120120 2
121121 3
122122 4
123123 5
124124 6
125125 7
126126 8
127127 9
128128 10
129129 11
130130 12
131131 13
132132 14
133133 15
134134 16
135135 17
136136 18
137137 19
138138 20
139139 21
140140 22
141141 23
142142 24
143143 25
144144 26
145145 27
146146 28
147147 29
148148 30
149149 31
150150 32
151151 33
152152 34
153153 35
154154 36
155155 37
156156 38
157157 39
158158 40
159159 41
160160 42
161161 43 SB 15 3
162162 receive a license under this act for any reason, except that the provisions of
163163 subsection (a)(6) shall not apply in determining whether a beneficiary
164164 would be eligible for a license.
165165 (c) No manufacturer's license shall be issued to:
166166 (1) A corporation, if any officer or director thereof, or any
167167 stockholder owning in the aggregate more than 25% of the stock of the
168168 corporation would be ineligible to receive a manufacturer's license for any
169169 reason other than citizenship requirements;
170170 (2) a copartnership, unless all of the copartners would be individually
171171 eligible to receive a manufacturer's license under this act;
172172 (3) a trust, if any grantor, beneficiary or trustee would be ineligible to
173173 receive a license under this act for any reason, except that the provisions of
174174 subsection (a)(6) shall not apply in determining whether a beneficiary
175175 would be eligible for a license; or
176176 (4) a person who has a beneficial interest in a distributor, retailer,
177177 farm winery or microbrewery licensed under this act, except as provided in
178178 K.S.A. 41-305, and amendments thereto.
179179 (d) No distributor's license shall be issued to:
180180 (1) A corporation, if any officer, director or stockholder of the
181181 corporation would be ineligible to receive a distributor's license for any
182182 reason. It shall be unlawful for any stockholder of a corporation licensed
183183 as a distributor to transfer any stock in the corporation to any person who
184184 would be ineligible to receive a distributor's license for any reason, and
185185 any such transfer shall be null and void, except that: (A) If any stockholder
186186 owning stock in the corporation dies and an heir or devisee to whom stock
187187 of the corporation descends by descent and distribution or by will is
188188 ineligible to receive a distributor's license, the legal representatives of the
189189 deceased stockholder's estate and the ineligible heir or devisee shall have
190190 14 months from the date of the death of the stockholder within which to
191191 sell the stock to a person eligible to receive a distributor's license, any such
192192 sale by a legal representative to be made in accordance with the provisions
193193 of the probate code; or (B) if the stock in any such corporation is the
194194 subject of any trust and any trustee or beneficiary of the trust who is 21
195195 years of age or older is ineligible to receive a distributor's license, the
196196 trustee, within 14 months after the effective date of the trust, shall sell the
197197 stock to a person eligible to receive a distributor's license and hold and
198198 disburse the proceeds in accordance with the terms of the trust. If any legal
199199 representatives, heirs, devisees or trustees fail, refuse or neglect to sell any
200200 stock as required by this subsection, the stock shall revert to and become
201201 the property of the corporation, and the corporation shall pay to the legal
202202 representatives, heirs, devisees or trustees the book value of the stock.
203203 During the period of 14 months prescribed by this subsection, the
204204 corporation shall not be denied a distributor's license or have its
205205 1
206206 2
207207 3
208208 4
209209 5
210210 6
211211 7
212212 8
213213 9
214214 10
215215 11
216216 12
217217 13
218218 14
219219 15
220220 16
221221 17
222222 18
223223 19
224224 20
225225 21
226226 22
227227 23
228228 24
229229 25
230230 26
231231 27
232232 28
233233 29
234234 30
235235 31
236236 32
237237 33
238238 34
239239 35
240240 36
241241 37
242242 38
243243 39
244244 40
245245 41
246246 42
247247 43 SB 15 4
248248 distributor's license revoked if the corporation meets all of the other
249249 requirements necessary to have a distributor's license;
250250 (2) a copartnership, unless all of the copartners are eligible to receive
251251 a distributor's license;
252252 (3) a trust, if any grantor, beneficiary or trustee would be ineligible to
253253 receive a license under this act for any reason, except that the provisions of
254254 subsection (a)(6) shall not apply in determining whether a beneficiary
255255 would be eligible for a license; or
256256 (4) a person who has a beneficial interest in a manufacturer, retailer,
257257 farm winery or microbrewery licensed under this act.
258258 (e) No nonbeverage user's license shall be issued to a corporation, if
259259 any officer, manager or director of the corporation or any stockholder
260260 owning in the aggregate more than 25% of the stock of the corporation
261261 would be ineligible to receive a nonbeverage user's license for any reason
262262 other than citizenship and residence requirements.
263263 (f) No microbrewery license, microdistillery license or farm winery
264264 license shall be issued to a:
265265 (1) Person who has a beneficial interest in a manufacturer or
266266 distributor licensed under this act, except as provided in K.S.A. 41-305,
267267 and amendments thereto;
268268 (2) person, copartnership or association that has a beneficial interest
269269 in any retailer licensed under this act or under K.S.A. 41-2702, and
270270 amendments thereto, except that the spouse of an applicant for a
271271 microbrewery or farm winery license may own and hold a retailer's license
272272 if the spouse does not hold a microbrewery or farm winery license issued
273273 under this act;
274274 (3) copartnership, unless all of the copartners are qualified to obtain a
275275 license;
276276 (4) corporation, unless stockholders owning in the aggregate 50% or
277277 more of the stock of the corporation would be eligible to receive such
278278 license and all other stockholders would be eligible to receive such license
279279 except for reason of citizenship or residency; or
280280 (5) a trust, if any grantor, beneficiary or trustee would be ineligible to
281281 receive a license under this act for any reason, except that the provisions of
282282 subsection (a)(6) shall not apply in determining whether a beneficiary
283283 would be eligible for a license.
284284 (g) If the applicant is not a Kansas resident, no license shall be issued
285285 until the applicant has appointed a citizen of the United States who is a
286286 resident of Kansas as the applicant's agent and filed with the director a
287287 duly authenticated copy of a duly executed power of attorney, authorizing
288288 the agent to accept service of process from the director and the courts of
289289 this state and to exercise full authority, control and responsibility for the
290290 conduct of all business and transactions within the state relative to
291291 1
292292 2
293293 3
294294 4
295295 5
296296 6
297297 7
298298 8
299299 9
300300 10
301301 11
302302 12
303303 13
304304 14
305305 15
306306 16
307307 17
308308 18
309309 19
310310 20
311311 21
312312 22
313313 23
314314 24
315315 25
316316 26
317317 27
318318 28
319319 29
320320 30
321321 31
322322 32
323323 33
324324 34
325325 35
326326 36
327327 37
328328 38
329329 39
330330 40
331331 41
332332 42
333333 43 SB 15 5
334334 alcoholic liquor and the business licensed. The agent must be satisfactory
335335 to and approved by the director, except that the director shall not approve
336336 as an agent any person who:
337337 (1) Has been convicted of a felony under the laws of this state, any
338338 other state or the United States;
339339 (2) has had a license issued under the alcoholic liquor or cereal malt
340340 beverage laws of this or any other state revoked for cause, except that a
341341 person may be appointed as an agent if the person's license was revoked
342342 for the conviction of a misdemeanor and 10 years have lapsed since the
343343 date of the revocation;
344344 (3) has been convicted of being the keeper or is keeping any property,
345345 whether real or personal, where sexual relations are being sold or offered
346346 for sale by a person who is 18 years of age or older or has forfeited bond to
347347 appear in court to answer charges of being a keeper of any property,
348348 whether real or personal, where sexual relations are being sold or offered
349349 for sale by a person who is 18 years of age or older;
350350 (4) has been convicted of being a proprietor of a gambling house,
351351 pandering or any other crime opposed to decency and morality or has
352352 forfeited bond to appear in court to answer charges for any of those
353353 crimes; or
354354 (5) is less than 21 years of age.
355355 (h) The director may issue a license to a person who has been
356356 convicted of a felony under the laws of this state, any other state or the
357357 United States if:
358358 (1) The date of such conviction is more than 10 years prior to the
359359 date the application for a license is submitted; and
360360 (2) the director determines that the applicant has demonstrated that
361361 such person has been sufficiently rehabilitated to merit the public trust.
362362 Sec. 2. K.S.A. 41-2623 is hereby amended to read as follows: 41-
363363 2623. (a) No license shall be issued under the provisions of this act to:
364364 (1) Any person described in K.S.A. 41-311(a)(1), (2), (4), (5), (6),
365365 (7), (8), (9), (12), (13) or (15), and amendments thereto, except that:
366366 (A) The provisions of K.S.A. 41-311(a)(2), and amendments thereto,
367367 shall not apply if the director determines that a license may be issued
368368 pursuant to the provisions of K.S.A. 41-311(h), and amendments thereto;
369369 and
370370 (B) the provisions of K.S.A. 41-311(a)(7), and amendments thereto,
371371 shall not apply to nor prohibit the issuance of a license for a class A club to
372372 an officer of a post home of a congressionally chartered service or fraternal
373373 organization, or a benevolent association or society thereof.
374374 (2) A person who has had the person's license revoked for cause
375375 under the provisions of this act.
376376 (3) A person who has a beneficial interest in the manufacture,
377377 1
378378 2
379379 3
380380 4
381381 5
382382 6
383383 7
384384 8
385385 9
386386 10
387387 11
388388 12
389389 13
390390 14
391391 15
392392 16
393393 17
394394 18
395395 19
396396 20
397397 21
398398 22
399399 23
400400 24
401401 25
402402 26
403403 27
404404 28
405405 29
406406 30
407407 31
408408 32
409409 33
410410 34
411411 35
412412 36
413413 37
414414 38
415415 39
416416 40
417417 41
418418 42
419419 43 SB 15 6
420420 preparation or wholesaling or the retail sale of alcoholic liquor or cereal
421421 malt beverage or a beneficial interest in any other club, drinking
422422 establishment or caterer licensed hereunder, except that:
423423 (A) A license for premises located in a hotel may be granted to a
424424 person who has a beneficial interest in one or more other clubs or drinking
425425 establishments licensed hereunder if such other clubs or establishments are
426426 located in hotels.
427427 (B) A license for a club or drinking establishment that is a restaurant
428428 may be issued to a person who has a beneficial interest in other clubs or
429429 drinking establishments that are restaurants.
430430 (C) A caterer's license may be issued to a person who has a beneficial
431431 interest in a club or drinking establishment and a license for a club or
432432 drinking establishment may be issued to a person who has a beneficial
433433 interest in a caterer.
434434 (D) A license for a class A club may be granted to an organization of
435435 which an officer, director or board member is a distributor or retailer
436436 licensed under the liquor control act if such distributor or retailer sells no
437437 alcoholic liquor to such club.
438438 (E) Any person who has a beneficial interest in a microbrewery,
439439 microdistillery or farm winery licensed pursuant to the Kansas liquor
440440 control act may be issued any or all of the following:
441441 (1)(i) Class B club license;
442442 (2)(ii) drinking establishment license; and
443443 (3)(iii) caterer's license.
444444 (F) Any person who has a beneficial interest in a manufacturer
445445 licensed pursuant to the Kansas liquor control act may be issued one
446446 drinking establishment license.
447447 (4) A copartnership, unless all of the copartners are qualified to
448448 obtain a license.
449449 (5) A corporation, if any officer, manager or director thereof, or any
450450 stockholder owning in the aggregate more than 5% of the common or
451451 preferred stock of such corporation would be ineligible to receive a license
452452 hereunder for any reason other than citizenship requirements.
453453 (6) A corporation, if any officer, manager or director thereof, or any
454454 stockholder owning in the aggregate more than 5% of the common or
455455 preferred stock of such corporation, has been an officer, manager or
456456 director, or a stockholder owning in the aggregate more than 5% of the
457457 common or preferred stock, of a corporation that:
458458 (A) Has had a license revoked under the provisions of the club and
459459 drinking establishment act; or
460460 (B) has been convicted of a violation of the club and drinking
461461 establishment act or the cereal malt beverage laws of this state.
462462 (7) A trust, if any grantor, beneficiary or trustee would be ineligible to
463463 1
464464 2
465465 3
466466 4
467467 5
468468 6
469469 7
470470 8
471471 9
472472 10
473473 11
474474 12
475475 13
476476 14
477477 15
478478 16
479479 17
480480 18
481481 19
482482 20
483483 21
484484 22
485485 23
486486 24
487487 25
488488 26
489489 27
490490 28
491491 29
492492 30
493493 31
494494 32
495495 33
496496 34
497497 35
498498 36
499499 37
500500 38
501501 39
502502 40
503503 41
504504 42
505505 43 SB 15 7
506506 receive a license under this act for any reason, except that the provisions of
507507 K.S.A. 41-311(a)(6), and amendments thereto, shall not apply in
508508 determining whether a beneficiary would be eligible for a license.
509509 (b) No club or drinking establishment license shall be issued under
510510 the provisions of the club and drinking establishment act to a person who
511511 does not own the premises for which a license is sought, or does not, at the
512512 time the application is submitted, have a written lease thereon, except that
513513 an applicant seeking a license for a premises that is owned by a city or
514514 county, or is a stadium, arena, convention center, theater, museum,
515515 amphitheater or other similar premises may submit an executed agreement
516516 to provide alcoholic beverage services at the premises listed in the
517517 application in lieu of a lease.
518518 Sec. 3. K.S.A. 41-2623 and K.S.A. 2024 Supp. 41-311 are hereby
519519 repealed.
520520 Sec. 4. This act shall take effect and be in force from and after its
521521 publication in the statute book.
522522 1
523523 2
524524 3
525525 4
526526 5
527527 6
528528 7
529529 8
530530 9
531531 10
532532 11
533533 12
534534 13
535535 14
536536 15
537537 16