Article 3.--LICENSING AND RELATED PROVISIONS; CITY OPTION
41-302.Same; election; licensees' rights.(a) The question of licensing the sale at retail ofalcoholic liquor in the original package shall be submitted by thegoverning body of a city at anyregular general city election occurring in such city whenever a petitionrequesting such submission has been filed with the city clerk of any suchcity as provided in this section.Such petition shall besigned byqualified voters of such city equal in number to not less than30% of thetotal votecast in such city at the last general election for the office of secretary ofstate. Each sheet of each petition shall comply with the provisions ofK.S.A. 25-3601 through 25-3607, and amendments thereto. No signature on suchpetition shall be valid unless appended to the petition within the last 90 daysprior to the date of filing the petition with the city clerk.Such petition shall be filed not less than 40 nor more than 60 days priorto the date of the election. After any such petition has been filed nosignature shall be withdrawn and no signature shall be added. The governingbody of the city shall have the power to determine the sufficiency of anysuch petition.
Any person who signs a petition authorized bythis section and who knowingly is not a qualified voter of the city wheresubmissionof the question is sought, or who aids or abets any other in sodoing, or any person whobribes, gives or pays anymoney or thing of value to any person directly orindirectly to induce such person to sign such petition shallbeguilty of a misdemeanor. Upon conviction thereof suchperson shall be punished bya fine of not more than $300 or by imprisonment of not more than 90days, orby both such fine and imprisonment in the discretion of the court.
(b) Upon the filing of a sufficient petition, the governingbody shallcall an election required by this section. Such election shall becalled and held inthe manner provided by law for question-submitted elections.
(c) The governing body of the city shall transmit to the director a copyofthe results ofany election held pursuant to this section. The director shall issue or refuseto issue licenses to sell at retail alcoholic liquor in the original package insuch city in accordance with the resultsofsuch election.
(d) If a majority of the votersvotingat any electionpursuant to this section votesagainst licensing the sale at retail of alcoholicliquor in the original package, theholder of any valid existing retailer's license for premises in suchcity shall have the right to continue to operate under such license for aperiod of 90 days after the result of such electionis canvassedor until the expiration of such license, whichever period of time isshorter. If such period of time expires before theexpiration of the term for which the retailer's license was issued,the licensee shall be entitled to a refund ofthe licensee fee for the unexpired portion of the licenseperiod which remains, inaccordance with rules andregulations adopted by the secretary of revenue.
Article 3.--LICENSING AND RELATED PROVISIONS; CITY OPTION
41-302.Same; election; licensees' rights.(a) The question of licensing the sale at retail ofalcoholic liquor in the original package shall be submitted by thegoverning body of a city at anyregular general city election occurring in such city whenever a petitionrequesting such submission has been filed with the city clerk of any suchcity as provided in this section.Such petition shall besigned byqualified voters of such city equal in number to not less than30% of thetotal votecast in such city at the last general election for the office of secretary ofstate. Each sheet of each petition shall comply with the provisions ofK.S.A. 25-3601 through 25-3607, and amendments thereto. No signature on suchpetition shall be valid unless appended to the petition within the last 90 daysprior to the date of filing the petition with the city clerk.Such petition shall be filed not less than 40 nor more than 60 days priorto the date of the election. After any such petition has been filed nosignature shall be withdrawn and no signature shall be added. The governingbody of the city shall have the power to determine the sufficiency of anysuch petition.
Any person who signs a petition authorized bythis section and who knowingly is not a qualified voter of the city wheresubmissionof the question is sought, or who aids or abets any other in sodoing, or any person whobribes, gives or pays anymoney or thing of value to any person directly orindirectly to induce such person to sign such petition shallbeguilty of a misdemeanor. Upon conviction thereof suchperson shall be punished bya fine of not more than $300 or by imprisonment of not more than 90days, orby both such fine and imprisonment in the discretion of the court.
(b) Upon the filing of a sufficient petition, the governingbody shallcall an election required by this section. Such election shall becalled and held inthe manner provided by law for question-submitted elections.
(c) The governing body of the city shall transmit to the director a copyofthe results ofany election held pursuant to this section. The director shall issue or refuseto issue licenses to sell at retail alcoholic liquor in the original package insuch city in accordance with the resultsofsuch election.
(d) If a majority of the votersvotingat any electionpursuant to this section votesagainst licensing the sale at retail of alcoholicliquor in the original package, theholder of any valid existing retailer's license for premises in suchcity shall have the right to continue to operate under such license for aperiod of 90 days after the result of such electionis canvassedor until the expiration of such license, whichever period of time isshorter. If such period of time expires before theexpiration of the term for which the retailer's license was issued,the licensee shall be entitled to a refund ofthe licensee fee for the unexpired portion of the licenseperiod which remains, inaccordance with rules andregulations adopted by the secretary of revenue.
Article 3.--LICENSING AND RELATED PROVISIONS; CITY OPTION
41-302.Same; election; licensees' rights.(a) The question of licensing the sale at retail ofalcoholic liquor in the original package shall be submitted by thegoverning body of a city at anyregular general city election occurring in such city whenever a petitionrequesting such submission has been filed with the city clerk of any suchcity as provided in this section.Such petition shall besigned byqualified voters of such city equal in number to not less than30% of thetotal votecast in such city at the last general election for the office of secretary ofstate. Each sheet of each petition shall comply with the provisions ofK.S.A. 25-3601 through 25-3607, and amendments thereto. No signature on suchpetition shall be valid unless appended to the petition within the last 90 daysprior to the date of filing the petition with the city clerk.Such petition shall be filed not less than 40 nor more than 60 days priorto the date of the election. After any such petition has been filed nosignature shall be withdrawn and no signature shall be added. The governingbody of the city shall have the power to determine the sufficiency of anysuch petition.
Any person who signs a petition authorized bythis section and who knowingly is not a qualified voter of the city wheresubmissionof the question is sought, or who aids or abets any other in sodoing, or any person whobribes, gives or pays anymoney or thing of value to any person directly orindirectly to induce such person to sign such petition shallbeguilty of a misdemeanor. Upon conviction thereof suchperson shall be punished bya fine of not more than $300 or by imprisonment of not more than 90days, orby both such fine and imprisonment in the discretion of the court.
(b) Upon the filing of a sufficient petition, the governingbody shallcall an election required by this section. Such election shall becalled and held inthe manner provided by law for question-submitted elections.
(c) The governing body of the city shall transmit to the director a copyofthe results ofany election held pursuant to this section. The director shall issue or refuseto issue licenses to sell at retail alcoholic liquor in the original package insuch city in accordance with the resultsofsuch election.
(d) If a majority of the votersvotingat any electionpursuant to this section votesagainst licensing the sale at retail of alcoholicliquor in the original package, theholder of any valid existing retailer's license for premises in suchcity shall have the right to continue to operate under such license for aperiod of 90 days after the result of such electionis canvassedor until the expiration of such license, whichever period of time isshorter. If such period of time expires before theexpiration of the term for which the retailer's license was issued,the licensee shall be entitled to a refund ofthe licensee fee for the unexpired portion of the licenseperiod which remains, inaccordance with rules andregulations adopted by the secretary of revenue.
