41-2623. Persons and entities ineligible for licensure.
41-2623
41-2623. Persons and entities ineligible forlicensure.(a) No license shall be issued under the provisions ofthis act to:
(1) Any person described in subsection (a)(1), (2), (4), (5), (6), (7), (8),(9), (12) or (13) ofK.S.A. 41-311, and amendments thereto, except that the provisions of subsection(a)(7) of suchsection shall not apply to nor prohibit the issuance of a license for a class Aclub to an officer of apost home of a congressionally chartered service or fraternal organization, ora benevolentassociation or society thereof.
(2) A person who has had the person's license revoked for cause under theprovisions of thisact.
(3) A person who has not been a resident of this state for a period of atleast one yearimmediately preceding the date of application.
(4) A person who has a beneficial interest in the manufacture, preparation orwholesalingor the retail sale of alcoholic liquors or a beneficial interest in any otherclub, drinking establishmentor caterer licensed hereunder, except that:
(A) A license for premises located in a hotel may be granted to a person whohas a beneficialinterest in one or more other clubs or drinking establishments licensedhereunder if such other clubsor establishments are located in hotels.
(B) A license for a club or drinking establishment which is a restaurant maybe issued to aperson who has a beneficial interest in other clubs or drinking establishmentswhich are restaurants.
(C) A caterer's license may be issued to a person who has a beneficialinterest in a club ordrinking establishment and a license for a club or drinking establishment maybe issued to a personwho has a beneficial interest in a caterer.
(D) A license for a class A club may be granted to an organization of whichan officer,director or board member is a distributor or retailer licensed under the liquorcontrol act if suchdistributor or retailer sells no alcoholic liquor to such club.
(E) Any person who has a beneficial interest in a microbreweryor farm winery licensed pursuant to the Kansas liquor control act may be issuedany or all of thefollowing: (1) Class B club license; (2) drinking establishment license; and(3) caterer's license.
(5) A copartnership, unless all of the copartners are qualified to obtain alicense.
(6) A corporation, if any officer, manager or director thereof, or anystockholder owning inthe aggregate more than 5% of the common or preferred stock of such corporationwould beineligible to receive a license hereunder for any reason other than citizenshipand residencerequirements.
(7) A corporation, if any officer, manager or director thereof, or anystockholder owning inthe aggregate more than 5% of the common or preferred stock of suchcorporation, has been anofficer, manager or director, or a stockholder owning in the aggregate morethan 5% of the commonor preferred stock, of a corporation which:
(A) Has had a license revoked under the provisions of the club and drinkingestablishmentact; or
(B) has been convicted of a violation of the club and drinking establishmentact or the cerealmalt beverage laws of this state.
(8) A corporation organized under the laws of any state other than thisstate.
(9) A trust, if any grantor, beneficiary or trustee would be ineligible toreceive a licenseunder this act for any reason, except that the provisions of subsection (a)(6)of K.S.A. 41-311, andamendments thereto shall not apply in determining whether a beneficiary wouldbe eligible for alicense.
(b) No club or drinking establishment license shall be issued under theprovisions of the cluband drinking establishment act to:
(1) A person described in subsection (a)(11) of K.S.A. 41-311, and amendmentsthereto.
(2) A person who is not a resident of the county in which the premises soughtto be licensedare 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;L. 2007, ch. 178, § 1; May 24.