Kansas Administrative Regulations

Regulation Number:14-19-15
Agency Title: KANSAS DEPARTMENT OF REVENUE -- DIVISION OF A.B.C.
Article Title: Class A Clubs
Tax Type:Intoxicating Liquors and Beverages
Brief Description:Applications and renewals; documents required.
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14-19-15 Applications and renewals; documents required. Each application for a class A club license shall be made upon forms prepared by the director and shall contain all information the director deems necessary. Any application which does not contain the required information may be returned to the applicant without the application being considered on its merits.
(a) General requirements. Each application for a class A club license shall be accompanied by the following documents and all other documents the director deems necessary:
(1) A copy of a written lease, with at least nine months remaining in its term from the date the license is issued, or proof of ownership by the applicant of the premises sought to be licensed;
(2) a copy of any management or catering contract in force or a proposed management or catering contract, if applicable;
(3) a description of the club premises. The description may include those areas outside the main service area that are in close proximity to the main service area and are located upon property subject to legal occupation by the applicant, as approved by the director. The description shall state the location of the licensed premises, the approximate dimensions of the licensed premises, enough detail to identify the licensed premises and a depiction of the liquor storage area;
(4) a certified statement from the applicant that the licensed premises are located:
(A) in an area where the zoning regulations of either the city, township or county allow the operation of a club; or
(B) in an area where no zoning regulations have been adopted;
(5) the registration fee in the form of a certified check, cashier's check, money order or cash. Personal or business checks shall not be accepted;
(6) the license fee in the form of a certified check, cashier's check, money order or cash. Personal or business checks shall not be accepted;
(7) a disclosure statement listing each owner, officer, manager, trustee, director, stockholder owning in the aggregate more than 5% of the common or preferred stock, grantor or beneficiary, and the spouses of each of these individuals. The disclosure statement shall certify that all the individuals listed are not disqualified from obtaining a club license as provided in K.A.R. 14-19-16; and
(8) a disclosure statement listing all personnel who will be mixing or dispensing alcoholic liquor.
(b) Corporations. In addition to the documents required by subsection (a), each application on behalf of a corporation shall include:
(1) a certified copy of the articles of incorporation as a Kansas domestic not-for-profit corporation;
(2) a copy of the corporate bylaws; and
(3) an appointment of process agent together with a power of attorney authorizing that agent to conduct the business of the club and receive all service of process on behalf of the club. The process agent shall be an individual.
(c) Business trusts or associations. In addition to the documents required by subsection (a), each application on behalf of an unincorporated business trust or association shall include a copy of the constitution, articles of association, declaration of trust, or other documents setting forth the aims and purposes of the business trust or association, setting forth the membership requirements and declaring the county in which the business trust or association is to be located.
(d) Partnerships. In addition to the documents required by subsection (a), each application on behalf of a partnership shall include a copy of the partnership agreement. (Authorized by K.S.A. 1991 Supp. 41-2634; implementing K.S.A. 1991 Supp. 41-2606; 41-2608; 41-2610; 41-2622; 41-
2623, as amended by 1992 HB 2719; 41-2625; 41-
2634; 41-2637; effective, T-88-22, July 1, 1987; effective May 1, 1988; amended, T-14-11-9-92, Nov. 9, 1992; amended Dec. 21, 1992.)