2006 Kansas Code - 41-2623

      41-2623.   Qualifications for license. (a) No license shall be issued under the provisions of this act to:

      (1)   Any person described in subsection (a)(1), (2), (4), (5), (6), (7), (8), (9), (12) or (13) of K.S.A. 41-311, and amendments thereto, except that the provisions of subsection (a)(7) of such section 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 not been a resident of this state for a period of at least one year immediately preceding the date of application.

      (4)   A person who has a beneficial interest in the manufacture, preparation or wholesaling or the retail sale of alcoholic liquors 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 which is a restaurant may be issued to a person who has a beneficial interest in other clubs or drinking establishments which 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)   On and after January 1, 1988, a license for a class B club or drinking establishment may be granted to a person who has a beneficial interest in a microbrewery or farm winery licensed pursuant to the Kansas liquor control act.

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

      (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 would be ineligible to receive a license hereunder for any reason other than citizenship and residence requirements.

      (7)   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 which:

      (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.

      (8)   A corporation organized under the laws of any state other than this state.

      (9)   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 subsection (a)(6) of K.S.A. 41-311, 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:

      (1)   A person described in subsection (a)(11) of K.S.A. 41-311, and amendments thereto.

      (2)   A person who is not a resident of the county in which the premises sought to be licensed are located.

      History:   L. 1965, ch. 316, § 23; L. 1969, ch. 245, § 1; L. 1978, ch. 186, § 7; L. 1985, ch. 170, § 32; L. 1987, ch. 182, § 75; L. 1992, ch. 201, § 6; L. 2001, ch. 189, § 4; May 24.