Kansas Administrative Regulations

Regulation Number:14-19-38
Agency Title: KANSAS DEPARTMENT OF REVENUE -- DIVISION OF A.B.C.
Article Title: Class A Clubs
Tax Type:Intoxicating Liquors and Beverages
Brief Description:Denial, revocation, or suspension of license upon request for hearing by governing body of city or county; request; evidence.
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14-19-38. Denial, revocation, or suspension of license upon request for hearing by governing body of city or county; request; evidence. (a) The governing body of a city or county may request a hearing before the director to determine whether an application for licensure or renewal shall be denied or whether a license issued under the club and drinking establishment act shall be revoked or suspended.
(b) The request shall be submitted in writing by the governing body, on city or county letterhead, to the director and shall be accompanied by evidence that indicates reasonable cause exists to conduct a hearing to deny, revoke, or suspend the license.
(c) The director shall review the evidence presented and determine whether reasonable cause exists to conduct a hearing to deny, revoke, or suspend the license. The director shall notify the governing body of the date and time of the hearing, or denial of the request, in writing as soon as reasonably possible.
(d) The hearing and notices shall be in accordance with the Kansas administrative procedures act (KAPA). The director shall consider the evidence presented by the governing body and the licensee at the hearing and determine whether the license shall be denied, revoked, or suspended.
(e) Evidence to be considered in determining whether a license shall be denied, revoked, or suspended shall include the following:
(1) A crime of violence has occurred in, on, or about the premises, arising from conduct occurring within the licensed premises.
(2) The licensed premises and surrounding areas under relative control of the licensee constitute an abnormal and unreasonable drain on public resources to secure the safety of patrons, local residents, and businesses.
(3) The licensed premises, including surrounding areas under relative control of the licensee, constitute a threat to public health, safety, and welfare.
(4) The governing body has filed one or more nuisance actions against the licensee or the licensed premises.
(5) The governing body or licensee has taken all reasonable remedial steps regarding the situation.
(f) For purposes of this regulation, ‘‘crime of violence’’ shall include arson, murder, manslaughter, rape or sexual assault, armed robbery, assault, and battery, and an attempt to commit any of these crimes. (Authorized by and implementing K.S.A. 2009 Supp. 41-2651; effective Sept. 17, 2010.)