41-201. Law enforcement powers of director, agents and employees; attorney, appointment and compensation.

41-201

Chapter 41.--INTOXICATING LIQUORS AND BEVERAGES
Article 2.--DIVISION OF ALCOHOLIC BEVERAGE CONTROL

      41-201.   Law enforcement powers of director, agents and employees;attorney, appointment and compensation.(a) The director of alcoholic beverage control and agents and employeesof the director designated by the director, with the approvalof the secretary of revenue, are hereby vested with the power and authorityof peace and police officers, in the execution of the duties imposed uponthe director of alcoholic beverage control by this act and in enforcing theprovisions of this act.

      (b)   The director and each agent and employee designated by thedirector under subsection (a), with the approval of the secretary ofrevenue, shall have the authority to make arrests, conduct searches andseizures and carry firearms while investigating violations of this act andduring the routine conduct of their duties as determined by the director ordesignee. In addition to the above, the director and such agents andemployees shall have the authority to make arrests, conduct searches andseizures and generally to enforce all the criminal laws of the state asviolations of those laws are encountered by such employees or agents duringthe routine performance of their duties.In additionto or in lieu of theabove, the director and the director's agents and employees shall have theauthority to issue notices to appear pursuant to K.S.A. 22-2408, andamendments thereto. No agent or employee of thedirector shall be certified to carry firearms under the provisions of thissection without having first successfully completed the firearm trainingcourse or courses prescribed for law enforcement officers under subsection(a) of K.S.A. 74-5604a, and amendments thereto. The director may adoptrules and regulations prescribing other training required for such agents oremployees.

      (c)   The attorney general shall appoint, with the approval of the secretaryof revenue, an assistant attorney general who shall be the attorney for thedirector of alcoholic beverage control and the division of alcoholicbeverage control, and who shall receive an annual salary fixed by theattorney general with the approval of the director of alcoholic beveragecontrol and the state finance council.

      History:   L. 1949, ch. 242, § 6; L. 1953, ch. 239, § 1; L. 1961,ch. 409, § 1;L. 1965, ch. 458, § 2; L. 1967, ch. 443, § 2; L. 1972, ch. 342, § 57;L. 1985, ch. 169, § 1;L. 1994, ch. 353, § 14;L. 1999, ch. 153, § 1; May 20.