41-2623. Persons and entities ineligible for licensure.

689 words·~3 min read·/ks/chapter-41/41-2623

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)No license shall be issued under the provisions of this act to:

(1)Any person described in K.S.A. 41-311 (a)(1), (2), (4), (5), (6), (7), (8), (9), (12),

(13)or (15), and amendments thereto, except that the provisions of K.S.A. 41-311 (a)(7), and amendments thereto, shall not apply to nor prohibit the issuance of a license for a class A club to an officer of a post home of a congressionally chartered service or fraternal organization, or a benevolent association or society thereof.

(2)A person who has had the person's license revoked for cause under the provisions of this act.

(3)A person who has a beneficial interest in the manufacture, preparation or wholesaling or the retail sale of alcoholic liquor or cereal malt beverage or a beneficial interest in any other club, drinking establishment or caterer licensed hereunder, except that:

(A)A license for premises located in a hotel may be granted to a person who has a beneficial interest in one or more other clubs or drinking establishments licensed hereunder if such other clubs or establishments are located in hotels.

(B)A license for a club or drinking establishment that is a restaurant may be issued to a person who has a beneficial interest in other clubs or drinking establishments that are restaurants.

(C)A caterer's license may be issued to a person who has a beneficial interest in a club or drinking establishment and a license for a club or drinking establishment may be issued to a person who has a beneficial interest in a caterer.

(D)A license for a class A club may be granted to an organization of which an officer, director or board member is a distributor or retailer licensed under the liquor control act if such distributor or retailer sells no alcoholic liquor to such club.

(E)Any person who has a beneficial interest in a microbrewery, microdistillery or farm winery licensed pursuant to the Kansas liquor control act may be issued any or all of the following:

(1)Class B club license;

(2)drinking establishment license; and

(3)caterer's license.

(F)Any person who has a beneficial interest in a manufacturer licensed pursuant to the Kansas liquor control act may be issued one drinking establishment license.

(4)A copartnership, unless all of the copartners are qualified to obtain a license.

(5)A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than 5% of the common or preferred stock of such corporation would be ineligible to receive a license hereunder for any reason other than citizenship requirements.

(6)A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than 5% of the common or preferred stock of such corporation, has been an officer, manager or director, or a stockholder owning in the aggregate more than 5% of the common or preferred stock, of a corporation that:

(A)Has had a license revoked under the provisions of the club and drinking establishment act; or

(B)has been convicted of a violation of the club and drinking establishment act or the cereal malt beverage laws of this state.

(7)A trust, if any grantor, beneficiary or trustee would be ineligible to receive a license under this act for any reason, except that the provisions of K.S.A. 41-311 (a)(6), and amendments thereto, shall not apply in determining whether a beneficiary would be eligible for a license.

(b)No club or drinking establishment license shall be issued under the provisions of the club and drinking establishment act to a person who does not own the premises for which a license is sought, or does not, at the time the application is submitted, have a written lease thereon, except that an applicant seeking a license for a premises that is owned by a city or county, or is a stadium, arena, convention center, theater, museum, amphitheater or other similar premises may submit an executed agreement to provide alcoholic beverage services at the premises listed in the application in lieu of a lease.