36-502. License for lodging establishment required; application, form; inspection; denial, hearing; designation of type of unit; display; duplicate; fees; existing licenses continued in effect.
36-502
36-502. License for lodging establishment required;application,form; inspection; denial, hearing; designation of type of unit; display;duplicate; fees; existing licenses continued in effect.(a) It shall be unlawful for any person to engage in the business ofconducting a lodging establishment unless such person shall have ineffect a valid license therefor issued by the secretary of agriculture.Applications for such licenses shall bemade on formsprescribed by the secretary, and each such application shall beaccompanied by the appropriate license fee required by subsection (c) ofthis section. Prior to the issuance of any such license, the secretaryshall inspect or cause to be inspected the lodging establishmentdesignated in the application, to determine that it complies with thestandards for lodging establishments promulgated pursuant to this act.If such lodging establishment is found to be in compliance, thesecretary shall issue the license. If the application for license isdenied, the secretary shall give written notice thereof to theapplicant, stating also that the applicant is entitled to a hearingthereon if a written request therefor is filed with the secretary within20 days of the date such notice is sent. Such hearing shall beheld in accordance with the provisions of the Kansasadministrative procedure act.
(b) Each license shall designate whether the licensed lodging unitis a hotel, rooming house or boarding house. Any person obtaining alicense to engage in the business of conducting a rooming house orboarding house shall not have the right to use the name "hotel" inconnection with such business. Every license issued hereunder shall bedisplayed conspicuously in the lodging establishment for which it isissued, and no such license shall be transferable to any other person orlocation. Whenever any such license is lost, destroyed or mutilated, aduplicate license shall be issued to any otherwise qualified licenseeupon application therefor and the payment of a fee in the amount of $3.
(c) The fee for a license to conduct a lodging establishment in thisstate for all or any part of any calendar year shall be $30, exceptthat the fee for any lodging establishment containing 10 sleeping rooms shallbe$35 and for everyadditional 10 rooms therein, an additional fee of $5 shall be charged.All lodging establishments which are new, newlyconstructed or have a change of ownership shall pay an application feewhich may be adjusted in accordance with the type of establishment orbased on other criteria as determined by the secretary, but in no eventshall any application fee exceed $100 in additionto the license fee.
(d) Any person who, on the effective date of this act, has a validlicense to operate a hotel or rooming house shall be a licensee underthe provisions of this act, and any such license is hereby deemed to bea license to operate a lodging establishment issued under the provisionsof this act.
History: L. 1975, ch. 314, § 6; L. 1978, ch. 154, § 1;L. 1984, ch. 313, § 55;L. 2008, ch. 84, § 10; Oct. 1.