41-208. Power to regulate alcoholic liquor.
41-208
41-208. Power to regulate alcoholic liquor.(a) Except as specifically provided in the Kansas liquor control act,the power to regulate all phases of the manufacture,distribution, sale, possession, transportation and traffic in alcoholicliquor and the manufacture of beer regardless of its alcoholic content,is vestedexclusivelyin the state and shall be exercised as provided inthe Kansas liquor control act. No city or county shall enact any ordinanceor resolution which is inconflict with the provisions of the Kansas liquor controlact and any such ordinance or resolution shall be null and void.
(b) Nothing contained in thissection shall be construed as preventing any city from enacting ordinancesdeclaring acts prohibited or made unlawful by this act as unlawful orprohibited in such city and prescribing penalties for violation thereof,but the minimum penalty in any such ordinance shall not beless than the minimumpenalty prescribed by this act for the same violation, nor shall themaximum penalty in any such ordinance exceed the maximum penalty prescribedby this act for the same violation.
(c) The provisions of this act are severable. If any provision of this actis held to beinvalid or unconstitutional, it shall be presumed conclusively that thelegislature would haveenacted the remainder of this act without such invalid or unconstitutionalprovision.
History: L. 1949, ch. 242, § 13;L. 2005, ch. 201, § 2; Nov. 15.