41-2641. Class B club license; rights of licensee; storing customer wine.
41-2641
41-2641. Class B club license; rights of licensee;storing customer wine.(a) A license for a class B club shall allow thelicensee to offer for sale, sell and serve alcoholic liquorfor consumption on the licensed premises by members of suchclub and guests accompanying them.
(b) (1) Subject to the provisions of subsection (b)(2), any two or moreclass Aorclass B clubsmaypermit, by an agreement filed with and approved by the director, themembers of each such club to have access to all otherclubs which are parties to such agreement. The privileges extendedto the visiting members of other clubs under such an agreementshall be determined by the agreement and, if the agreement so provides, anyclub which is a party to such agreement may sell, offer for saleand serve, to any person who is a member of another club which isa party to such agreement, alcoholic liquor for consumption on the licensedpremises by such person and such person's family, and guests accompanying them.
(2) A class B club may enter into a reciprocal agreement authorized bysubsection (b)(1) only if the class B club is a restaurant.
(c) Except as provided by subsection (d), an applicant for membership ina class B club shall, before becoming a member of such club:
(1) Be screened by the club for good moral character;
(2) pay an annual membership fee of not less than $10; and
(3) wait for a period of 10 days after completion of the applicationform and payment of the membership fee.
(d) Notwithstanding the membership fee and waiting period requirement ofsubsection (c):
(1) Any class B club located on the premises ofa hotel or RV resort may establish ruleswhereby a guest, who registered at the hotel or RV resort and who isnot a resident of thecounty in which the club is located, may file application for temporarymembership in such club. The membership, if granted, shall bevalid only for the period of time that the guest is a bona fide registeredguestat the hotel or RV resort and such temporary membership shall not be subject tothewaiting period or fee requirement of this section.
(2) Any class B club located on property which is owned or operatedby a municipal airport authority and upon which consumption of alcoholicliquor is authorized by law may establish rules whereby an air travelerwho is a holder of a current airline ticket may file application for temporarymembership in such club for the day such air traveler's ticket is valid,and such temporary membership shall not be subject to the waiting periodor fee requirement of this section.
(3) Any class B club mayestablish rules whereby military personnel of the armed forces of theUnited States on temporary duty and housed at or near any militaryinstallation located within the exterior boundaries of the state of Kansasmay file application for temporary membership in such club. Themembership, if granted, shall be valid only for theperiod of the training, not to exceed 20 weeks. Any person wishing to makeapplication for temporary membership in a class B club under thissubsection (d)(3) shall present the temporary duty orders to the club.Temporary membership issued under this subsection (d)(3) shall not be subjectto the waiting period or fee requirements of this section.
(4) Any class B club may enter into a written agreement with ahotel or RV resort whereby a guest who isregistered at the hotel or RV resort and who is not a resident of the county inwhichthe club is located may file application for temporary membership in such club.The temporary membership, if granted, shall be valid only for theperiod of time that the guest is a bona fide registered guest at the hotelor RV resort and shall not be subject to the waiting period or duesrequirement of thissection. A club may enter into a written agreement with a hotel or RV resortpursuant to thisprovision only if (A) the hotel or RV resort is located in the samecounty as the club,(B) there is no class B club located on the premises of the hotelor RV resort and (C) no otherclub has entered into a written agreement with the hotelor RV resort pursuant to this section.
(5) Any class B club located in a racetrack facility where races withparimutuel wagering are conducted under the Kansas parimutuel racing actmay establish rules whereby persons attending such races may file anapplication for temporary membership in such club for the day such personis attending such races, and such temporary membership shall not be subjectto the waiting period or fee requirement of this section.
(e) A licensee may store on its premises wine sold to acustomer for consumption at a later date on its premises in the unopenedcontainer. Such wine must be kept separate from all other alcohol stock and ina secure locked area separated by customer. Such wine shall not be removed fromthe licensed premises in its unopened condition.
History: L. 1987, ch. 182, § 87;L. 1990, ch. 179, § 6;L. 1994, ch. 300, § 5;L. 2009, ch. 114, § 8; July 1.