State Codes and Statutes

Statutes > Kansas > Chapter41 > Article27 > Statutes_18627

41-2703

Chapter 41.--INTOXICATING LIQUORS AND BEVERAGES
Article 27.--CEREAL MALT BEVERAGES

      41-2703.   Same; issuance, denial, when; term oflicense;notice to distributorsof nonrenewal, when.(a) After examination of an application for a retailer'slicense, the board of county commissionersor the director shall, if they approve the same, issue alicense to the applicant. Thegoverning body of the city shall, if theapplicant is qualified as provided by law, issue a license to suchapplicant.

      (b)   No retailer's license shall be issuedto:

      (1)   A person who is not aresident of the county in which the place of business coveredby the license islocated, has not been a resident of such county for at leastsix months or hasnot been a resident in good faith of the state ofKansas.

      (2)   A person who has not been a resident of this state for at leastone year immediately preceding application for a retailer's license.

      (3)   A person who is not of good character and reputation in thecommunity in which the person resides.

      (4)   A person who is not a citizen of the United States.

      (5)   A person who, within two years immediately precedingthe date of application approval, has been convicted of, releasedfrom incarceration for or released from probation or parole fora felony or any crimeinvolving moral turpitude, drunkenness, driving amotor vehicle while under the influence of intoxicating liquor orviolation of any other intoxicating liquor law of any state or of theUnited States.

      (6)   A partnership, unless all the membersof the partnershipare otherwisequalified to obtain a license.

      (7)   A corporation, if any manager, officer or director thereof, orany stockholder owning in the aggregate more than 25% ofthe stock of such corporation, would be ineligible to receive a licensehereunder for any reason other thanthe citizenship and residency requirements.

      (8)   A person whose place of business is conducted by a manageroragent unless the manager or agent possesses all thequalifications of a licensee.

      (9)   A person whose spouse would be ineligible to receive aretailer'slicense for any reason other than citizenship, residence requirements orage, except that this subsection (b) (9) shall not apply indeterminingeligibility for a renewal license.

      (10)   A person whose spouse has been convicted of a felonyorother crimewhich would disqualify a person from licensure under this section and suchfelony or other crime was committed during the time that the spouse held alicense under this act.

      (c)   After examination of an application for a retailer's license, theboard ofcounty commissioners or the governing body of a city may deny a license to aperson, partnership or corporation if any manager, officer or director thereof,or any stockholder owning in the aggregate more than 25% of the stock of suchcorporation, has been an officer, manager, director or a stockholder owning inthe aggregate more than 25% of the stock, of a corporation which has:

      (1)   Had a retailer's license revoked under K.S.A. 41-2708, and amendmentsthereto; or

      (2)   been convicted of a violation of the club and drinking establishment actor the cereal malt beverage laws of this state.

      (d)   Retailers' licenses shall be issued eitheron an annual basis or for thecalendar year. If such licenses are issued on an annualbasis, the board ofcounty commissioners or the governing body of the city shall notify thedistributors supplying the county or city on orbefore April 1 of the year if a retailer's license is not renewed.

      History:   L. 1937, ch. 214, § 3;L. 1949, ch. 244, § 5;L. 1973, ch. 201, § 1;L. 1973, ch. 202, § 1; L. 1978, ch. 189, § 3;L. 1987, ch. 182, § 99;L. 2001, ch. 189, § 5;L. 2009, ch. 87, § 1; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter41 > Article27 > Statutes_18627

41-2703

Chapter 41.--INTOXICATING LIQUORS AND BEVERAGES
Article 27.--CEREAL MALT BEVERAGES

      41-2703.   Same; issuance, denial, when; term oflicense;notice to distributorsof nonrenewal, when.(a) After examination of an application for a retailer'slicense, the board of county commissionersor the director shall, if they approve the same, issue alicense to the applicant. Thegoverning body of the city shall, if theapplicant is qualified as provided by law, issue a license to suchapplicant.

      (b)   No retailer's license shall be issuedto:

      (1)   A person who is not aresident of the county in which the place of business coveredby the license islocated, has not been a resident of such county for at leastsix months or hasnot been a resident in good faith of the state ofKansas.

      (2)   A person who has not been a resident of this state for at leastone year immediately preceding application for a retailer's license.

      (3)   A person who is not of good character and reputation in thecommunity in which the person resides.

      (4)   A person who is not a citizen of the United States.

      (5)   A person who, within two years immediately precedingthe date of application approval, has been convicted of, releasedfrom incarceration for or released from probation or parole fora felony or any crimeinvolving moral turpitude, drunkenness, driving amotor vehicle while under the influence of intoxicating liquor orviolation of any other intoxicating liquor law of any state or of theUnited States.

      (6)   A partnership, unless all the membersof the partnershipare otherwisequalified to obtain a license.

      (7)   A corporation, if any manager, officer or director thereof, orany stockholder owning in the aggregate more than 25% ofthe stock of such corporation, would be ineligible to receive a licensehereunder for any reason other thanthe citizenship and residency requirements.

      (8)   A person whose place of business is conducted by a manageroragent unless the manager or agent possesses all thequalifications of a licensee.

      (9)   A person whose spouse would be ineligible to receive aretailer'slicense for any reason other than citizenship, residence requirements orage, except that this subsection (b) (9) shall not apply indeterminingeligibility for a renewal license.

      (10)   A person whose spouse has been convicted of a felonyorother crimewhich would disqualify a person from licensure under this section and suchfelony or other crime was committed during the time that the spouse held alicense under this act.

      (c)   After examination of an application for a retailer's license, theboard ofcounty commissioners or the governing body of a city may deny a license to aperson, partnership or corporation if any manager, officer or director thereof,or any stockholder owning in the aggregate more than 25% of the stock of suchcorporation, has been an officer, manager, director or a stockholder owning inthe aggregate more than 25% of the stock, of a corporation which has:

      (1)   Had a retailer's license revoked under K.S.A. 41-2708, and amendmentsthereto; or

      (2)   been convicted of a violation of the club and drinking establishment actor the cereal malt beverage laws of this state.

      (d)   Retailers' licenses shall be issued eitheron an annual basis or for thecalendar year. If such licenses are issued on an annualbasis, the board ofcounty commissioners or the governing body of the city shall notify thedistributors supplying the county or city on orbefore April 1 of the year if a retailer's license is not renewed.

      History:   L. 1937, ch. 214, § 3;L. 1949, ch. 244, § 5;L. 1973, ch. 201, § 1;L. 1973, ch. 202, § 1; L. 1978, ch. 189, § 3;L. 1987, ch. 182, § 99;L. 2001, ch. 189, § 5;L. 2009, ch. 87, § 1; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter41 > Article27 > Statutes_18627

41-2703

Chapter 41.--INTOXICATING LIQUORS AND BEVERAGES
Article 27.--CEREAL MALT BEVERAGES

      41-2703.   Same; issuance, denial, when; term oflicense;notice to distributorsof nonrenewal, when.(a) After examination of an application for a retailer'slicense, the board of county commissionersor the director shall, if they approve the same, issue alicense to the applicant. Thegoverning body of the city shall, if theapplicant is qualified as provided by law, issue a license to suchapplicant.

      (b)   No retailer's license shall be issuedto:

      (1)   A person who is not aresident of the county in which the place of business coveredby the license islocated, has not been a resident of such county for at leastsix months or hasnot been a resident in good faith of the state ofKansas.

      (2)   A person who has not been a resident of this state for at leastone year immediately preceding application for a retailer's license.

      (3)   A person who is not of good character and reputation in thecommunity in which the person resides.

      (4)   A person who is not a citizen of the United States.

      (5)   A person who, within two years immediately precedingthe date of application approval, has been convicted of, releasedfrom incarceration for or released from probation or parole fora felony or any crimeinvolving moral turpitude, drunkenness, driving amotor vehicle while under the influence of intoxicating liquor orviolation of any other intoxicating liquor law of any state or of theUnited States.

      (6)   A partnership, unless all the membersof the partnershipare otherwisequalified to obtain a license.

      (7)   A corporation, if any manager, officer or director thereof, orany stockholder owning in the aggregate more than 25% ofthe stock of such corporation, would be ineligible to receive a licensehereunder for any reason other thanthe citizenship and residency requirements.

      (8)   A person whose place of business is conducted by a manageroragent unless the manager or agent possesses all thequalifications of a licensee.

      (9)   A person whose spouse would be ineligible to receive aretailer'slicense for any reason other than citizenship, residence requirements orage, except that this subsection (b) (9) shall not apply indeterminingeligibility for a renewal license.

      (10)   A person whose spouse has been convicted of a felonyorother crimewhich would disqualify a person from licensure under this section and suchfelony or other crime was committed during the time that the spouse held alicense under this act.

      (c)   After examination of an application for a retailer's license, theboard ofcounty commissioners or the governing body of a city may deny a license to aperson, partnership or corporation if any manager, officer or director thereof,or any stockholder owning in the aggregate more than 25% of the stock of suchcorporation, has been an officer, manager, director or a stockholder owning inthe aggregate more than 25% of the stock, of a corporation which has:

      (1)   Had a retailer's license revoked under K.S.A. 41-2708, and amendmentsthereto; or

      (2)   been convicted of a violation of the club and drinking establishment actor the cereal malt beverage laws of this state.

      (d)   Retailers' licenses shall be issued eitheron an annual basis or for thecalendar year. If such licenses are issued on an annualbasis, the board ofcounty commissioners or the governing body of the city shall notify thedistributors supplying the county or city on orbefore April 1 of the year if a retailer's license is not renewed.

      History:   L. 1937, ch. 214, § 3;L. 1949, ch. 244, § 5;L. 1973, ch. 201, § 1;L. 1973, ch. 202, § 1; L. 1978, ch. 189, § 3;L. 1987, ch. 182, § 99;L. 2001, ch. 189, § 5;L. 2009, ch. 87, § 1; July 1.