State Codes and Statutes

Statutes > Kansas > Chapter41 > Article27 > Statutes_18632

41-2708

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

      41-2708.   Revocation or suspension of license;grounds; appeal.(a) The board of county commissioners or the governing body of any city, uponfive days' notice to the persons holding a license, mayrevoke or suspend thelicense for any one of the following reasons:

      (1)   The licensee has violated any of the provisions of K.S.A.41-2701 etseq., and amendments thereto, or any rules or regulations made by the board orthe city, as the case may be;

      (2)   drunkenness of the licensee or permitting any intoxicatedperson toremain in or upon the licensee's place of business;

      (3)   the sale of cereal malt beverages to any person underthe legal age forconsumption of cereal malt beverage;

      (4)   permitting any person to mix drinks with materialspurchased in orupon the placeof business or brought in for that purpose;

      (5)   the sale or possession of, or permitting any person touse or consume onthe licensed premises, any alcoholic liquor as defined by K.S.A. 41-102,and amendments thereto; or

      (6)   the licensee has been convicted of a violation of thebeer and cerealmalt beverage keg registration act.

      (b)   The provisions of subsections (a)(4) and(5) shall not apply if theplace of business or premises also are currently licensed asa club or drinking establishment pursuant to the club and drinkingestablishment act.

      (c)   The board of county commissioners or the governing body of any city,uponfivedays' notice to the persons holding a license, shall revoke or suspend thelicense forany one of the following reasons:

      (1)   The licensee has fraudulently obtained the license by giving false information in the application therefor;

      (2)   the licensee has become ineligible to obtain a license under this act;

      (3)   the nonpayment of any license fees;

      (4)   permitting any gambling in or upon the licensee's place of business;

      (5)   the employment of persons under 18 years of age in dispensing or sellingcereal maltbeverages;

      (6)   the employment or continuation in employment of a person in connectionwith the sale,serving or dispensing of cereal malt beverages if the licensee knows suchperson hasbeen, within the preceding two years, adjudged guilty of a felony or of anyviolation of theintoxicating liquor laws of this state, another state or the United States; or

      (7)   there has been a violation of K.S.A. 21-4106 or 21-4107, and amendmentsthereto, inor upon the licensee's place of business.

      (d)   Within 20 days after the order of the board revoking orsuspending anylicense, the licensee may appeal to the district court and the district courtshall proceed to hear such appeal as though such court had originaljurisdiction of the matter. Any appeal taken from an order revoking orsuspending the license shall not suspend the order of revocation orsuspension during the pendency of any such appeal.

      History:   L. 1937, ch. 214, § 6;L. 1949, ch. 245, § 1;L. 1951, ch. 302, § 2;L. 1965, ch. 316, § 37;L. 1973, ch. 202, § 2;L. 1976, ch. 145, § 195;L. 1985, ch. 171, § 7;L. 1987, ch. 182, § 104;L. 1995, ch. 258, § 5;L. 2002, ch. 44, § 8;L. 2004, ch. 1, § 2;L. 2009, ch. 87, § 2; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter41 > Article27 > Statutes_18632

41-2708

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

      41-2708.   Revocation or suspension of license;grounds; appeal.(a) The board of county commissioners or the governing body of any city, uponfive days' notice to the persons holding a license, mayrevoke or suspend thelicense for any one of the following reasons:

      (1)   The licensee has violated any of the provisions of K.S.A.41-2701 etseq., and amendments thereto, or any rules or regulations made by the board orthe city, as the case may be;

      (2)   drunkenness of the licensee or permitting any intoxicatedperson toremain in or upon the licensee's place of business;

      (3)   the sale of cereal malt beverages to any person underthe legal age forconsumption of cereal malt beverage;

      (4)   permitting any person to mix drinks with materialspurchased in orupon the placeof business or brought in for that purpose;

      (5)   the sale or possession of, or permitting any person touse or consume onthe licensed premises, any alcoholic liquor as defined by K.S.A. 41-102,and amendments thereto; or

      (6)   the licensee has been convicted of a violation of thebeer and cerealmalt beverage keg registration act.

      (b)   The provisions of subsections (a)(4) and(5) shall not apply if theplace of business or premises also are currently licensed asa club or drinking establishment pursuant to the club and drinkingestablishment act.

      (c)   The board of county commissioners or the governing body of any city,uponfivedays' notice to the persons holding a license, shall revoke or suspend thelicense forany one of the following reasons:

      (1)   The licensee has fraudulently obtained the license by giving false information in the application therefor;

      (2)   the licensee has become ineligible to obtain a license under this act;

      (3)   the nonpayment of any license fees;

      (4)   permitting any gambling in or upon the licensee's place of business;

      (5)   the employment of persons under 18 years of age in dispensing or sellingcereal maltbeverages;

      (6)   the employment or continuation in employment of a person in connectionwith the sale,serving or dispensing of cereal malt beverages if the licensee knows suchperson hasbeen, within the preceding two years, adjudged guilty of a felony or of anyviolation of theintoxicating liquor laws of this state, another state or the United States; or

      (7)   there has been a violation of K.S.A. 21-4106 or 21-4107, and amendmentsthereto, inor upon the licensee's place of business.

      (d)   Within 20 days after the order of the board revoking orsuspending anylicense, the licensee may appeal to the district court and the district courtshall proceed to hear such appeal as though such court had originaljurisdiction of the matter. Any appeal taken from an order revoking orsuspending the license shall not suspend the order of revocation orsuspension during the pendency of any such appeal.

      History:   L. 1937, ch. 214, § 6;L. 1949, ch. 245, § 1;L. 1951, ch. 302, § 2;L. 1965, ch. 316, § 37;L. 1973, ch. 202, § 2;L. 1976, ch. 145, § 195;L. 1985, ch. 171, § 7;L. 1987, ch. 182, § 104;L. 1995, ch. 258, § 5;L. 2002, ch. 44, § 8;L. 2004, ch. 1, § 2;L. 2009, ch. 87, § 2; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter41 > Article27 > Statutes_18632

41-2708

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

      41-2708.   Revocation or suspension of license;grounds; appeal.(a) The board of county commissioners or the governing body of any city, uponfive days' notice to the persons holding a license, mayrevoke or suspend thelicense for any one of the following reasons:

      (1)   The licensee has violated any of the provisions of K.S.A.41-2701 etseq., and amendments thereto, or any rules or regulations made by the board orthe city, as the case may be;

      (2)   drunkenness of the licensee or permitting any intoxicatedperson toremain in or upon the licensee's place of business;

      (3)   the sale of cereal malt beverages to any person underthe legal age forconsumption of cereal malt beverage;

      (4)   permitting any person to mix drinks with materialspurchased in orupon the placeof business or brought in for that purpose;

      (5)   the sale or possession of, or permitting any person touse or consume onthe licensed premises, any alcoholic liquor as defined by K.S.A. 41-102,and amendments thereto; or

      (6)   the licensee has been convicted of a violation of thebeer and cerealmalt beverage keg registration act.

      (b)   The provisions of subsections (a)(4) and(5) shall not apply if theplace of business or premises also are currently licensed asa club or drinking establishment pursuant to the club and drinkingestablishment act.

      (c)   The board of county commissioners or the governing body of any city,uponfivedays' notice to the persons holding a license, shall revoke or suspend thelicense forany one of the following reasons:

      (1)   The licensee has fraudulently obtained the license by giving false information in the application therefor;

      (2)   the licensee has become ineligible to obtain a license under this act;

      (3)   the nonpayment of any license fees;

      (4)   permitting any gambling in or upon the licensee's place of business;

      (5)   the employment of persons under 18 years of age in dispensing or sellingcereal maltbeverages;

      (6)   the employment or continuation in employment of a person in connectionwith the sale,serving or dispensing of cereal malt beverages if the licensee knows suchperson hasbeen, within the preceding two years, adjudged guilty of a felony or of anyviolation of theintoxicating liquor laws of this state, another state or the United States; or

      (7)   there has been a violation of K.S.A. 21-4106 or 21-4107, and amendmentsthereto, inor upon the licensee's place of business.

      (d)   Within 20 days after the order of the board revoking orsuspending anylicense, the licensee may appeal to the district court and the district courtshall proceed to hear such appeal as though such court had originaljurisdiction of the matter. Any appeal taken from an order revoking orsuspending the license shall not suspend the order of revocation orsuspension during the pendency of any such appeal.

      History:   L. 1937, ch. 214, § 6;L. 1949, ch. 245, § 1;L. 1951, ch. 302, § 2;L. 1965, ch. 316, § 37;L. 1973, ch. 202, § 2;L. 1976, ch. 145, § 195;L. 1985, ch. 171, § 7;L. 1987, ch. 182, § 104;L. 1995, ch. 258, § 5;L. 2002, ch. 44, § 8;L. 2004, ch. 1, § 2;L. 2009, ch. 87, § 2; July 1.