41-2651. Application for licensure, renewal, suspension or revocation; notice to governing body of city or county; power of such governing body to request suspension or revocation hearing; hearings.
41-2651
41-2651. Application for licensure, renewal,suspension or revocation; notice to governing body ofcity or county; power of such governing body to request suspension orrevocation hearing; hearings.(a) When application for licensure or renewal oflicensure as a club or drinking establishment is received by the director, thedirectorshall notify the governing body ofthe city or county where the premises to be licensed are located, if suchgoverning body requests such notification.
(b) No such license or renewal shall be granted by the director until theexpiration ofat least 10 days from the time of filing the application for licensure orrenewal with the director,during which period the governing body ofany city or county notified pursuant to subsection (a) may request the directorto hold a hearing on the granting or refusalto grant such license or renewal.
(c) At any time, the governing body of any city or county mayrequest the director to hold a hearing on whether any license issuedpursuant to this act should be revoked or suspended. The governingbody shall provide the director reasonable cause to believe a hearingis necessary based upon factors included in rules and regulations bythe secretary. The director may refuse the governing body's requestabsent such reasonable cause.
(d) Anyhearing held pursuant to this section shall beconducted inaccordance with the provisions of the Kansas administrative procedure act asprovided in K.S.A. 41-2609, and amendments thereto.
(e) At any hearing held pursuant tothis section the governing body of such city or county shall have the rightto appear before the director and present testimony and evidence andmake recommendations regarding the granting or refusal to grant such license orrenewal, or whether such license should be revoked or suspended. Indetermining whether to grant or to refuse to grant suchlicense or renewal, or to revoke or suspend such license, the directorshall take into consideration the testimonyand evidenceand recommendations of the governing body of such city or county. Thedirector may refuse to grant such license or renewal, or may revoke orsuspend such license based on the evidencegathered atsuch hearing, in the interest of protecting the public welfare, and inaccordance with rules and regulations adopted by the secretary.
(f) This section shall be part of and supplemental to theclub and drinking establishment act.
History: L. 1991, ch. 142, § 2;L. 2009, ch. 114, § 11; July 1.