2006 Kansas Code - 41-2651

      41-2651.   Application for licensure or renewal; notice to governing body of city or county; hearing. (a) When application for licensure or renewal of licensure as a club or drinking establishment is received by the director, the director shall notify the governing body of the city or county where the premises to be licensed are located, if such governing body requests such notification.

      (b)   No such license or renewal shall be granted by the director until the expiration of at least 10 days from the time of filing the application for licensure or renewal with the director, during which period the governing body of any city or county notified pursuant to subsection (a) may request the director to hold a hearing on the granting or refusal to grant such license or renewal. The hearing on the application shall be conducted in accordance with the provisions of the Kansas administrative procedure act as provided in K.S.A. 41-2609 and amendments thereto.

      (c)   At such hearing the governing body of such city or county shall have the right to appear before the director and present testimony and evidence and make recommendations regarding the granting or refusal to grant such license or renewal. In determining whether to grant or to refuse to grant such license or renewal, the director shall take into consideration the testimony and evidence and recommendations of the governing body of such city or county. The director may refuse to grant such license or renewal based on the evidence gathered at such hearing.

      (d)   This section shall be part of and supplemental to the club and drinking establishment act.

      History:   L. 1991, ch. 142, § 2; July 1.