Kansas Statutes Annotated
Updated Through the 2015 Legislative Session

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Statute Number:41-2623
Chapter Title:INTOXICATING LIQUORS AND BEVERAGES
Article Title:LICENSURE AND REGULATION OF SALE OF LIQUOR BY THE DRINK
Tax Type:Alcoholic Beverage Control
Brief Description:Persons and entities ineligible for licensure.
Keywords:


Body:

41-2623.Persons and entities ineligible for licensure.(a) No license shall be issued under the provisions of this act to:
(1) Any person described in K.S.A.41-311(a)(1), (2), (4), (5), (6), (7), (8), (9), (12), (13) or (15), and amendments thereto, except that the provisions of subsection (a)(7) of such section shall not apply to nor prohibit the issuance of a license for a class A club to an officer of a post home of a congressionally chartered service or fraternal organization, or a benevolent association or society thereof.
(2) A person who has had the person's license revoked for cause under the provisions of this act.
(3) A person who has not been a resident of this state for a period of at least one year immediately preceding the date of application.
(4) A person who has a beneficial interest in the manufacture, preparation or wholesaling or the retail sale of alcoholic liquors or a beneficial interest in any other club, drinking establishment or caterer licensed hereunder, except that:
(A) A license for premises located in a hotel may be granted to a person who has a beneficial interest in one or more other clubs or drinking establishments licensed hereunder if such other clubs or establishments are located in hotels.
(B) A license for a club or drinking establishment which is a restaurant may be issued to a person who has a beneficial interest in other clubs or drinking establishments which are restaurants.
(C) A caterer's license may be issued to a person who has a beneficial interest in a club or drinking establishment and a license for a club or drinking establishment may be issued to a person who has a beneficial interest in a caterer.
(D) A license for a class A club may be granted to an organization of which an officer, director or board member is a distributor or retailer licensed under the liquor control act if such distributor or retailer sells no alcoholic liquor to such club.
(E) Any person who has a beneficial interest in a microbrewery, microdistillery or farm winery licensed pursuant to the Kansas liquor control act may be issued any or all of the following: (1) Class B club license; (2) drinking establishment license; and (3) caterer's license.
(5) A copartnership, unless all of the copartners are qualified to obtain a license.
(6) A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than 5% of the common or preferred stock of such corporation would be ineligible to receive a license hereunder for any reason other than citizenship and residence requirements.
(7) A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than 5% of the common or preferred stock of such corporation, has been an officer, manager or director, or a stockholder owning in the aggregate more than 5% of the common or preferred stock, of a corporation which:
(A) Has had a license revoked under the provisions of the club and drinking establishment act; or
(B) has been convicted of a violation of the club and drinking establishment act or the cereal malt beverage laws of this state.
(8) A corporation organized under the laws of any state other than this state.
(9) A trust, if any grantor, beneficiary or trustee would be ineligible to receive a license under this act for any reason, except that the provisions of K.S.A.41-311(a)(6), and amendments thereto, shall not apply in determining whether a beneficiary would be eligible for a license.
(b) No club or drinking establishment license shall be issued under the provisions of the club and drinking establishment act to:
(1) A person who does not own the premises for which a license is sought, or does not, at the time the application is submitted, have a written lease thereon, except that an applicant seeking a license for a premises which is owned by a city or county, or is a stadium, arena, convention center, theater, museum, amphitheater or other similar premises may submit an executed agreement to provide alcoholic beverage services at the premises listed in the application in lieu of a lease.
(2) A person who is not a resident of the county in which the premises sought to be licensed are located.
History:L. 1965, ch. 316, 23; L. 1969, ch. 245, 1; L. 1978, ch. 186, 7; L. 1985, ch. 170, 32; L. 1987, ch. 182, 75; L. 1992, ch. 201, 6; L. 2001, ch. 189, 4; L. 2007, ch. 178, 1; L. 2010, ch. 142, 16; L. 2012, ch. 144, 39; L. 2015, ch. 82, 7; July 1.



Date Composed: 12/03/2015 Date Modified: 12/04/2015

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