41-2702. Retailer's license; application; notice; fee; state stamp; license nontransferable.
41-2702
41-2702. Retailer's license; application; notice;fee; state stamp; license nontransferable.(a) No retailer shall sell any cereal malt beverage without havingfirst secured a license for each place of business as herein provided.In case such place of business is located within the corporate limits ofa city, the application for license shall be made to the governingbody of such city. In all other cases, the application for license shallbe made to the board of county commissioners in the county in which suchplace of business is to be located, except that the application forlicense to sell on railway cars shall be made to the directoras hereinafter provided.
(b) A board of county commissioners shall not issue or renew a retailer'slicense without giving the clerk of thetownship where theplace of business is to be locatedwritten notice by registered mail of the filing of theapplication for licensure or renewal.The township board may within 10 days file advisoryrecommendations as to the granting of such license or renewal and such advisoryrecommendations shall be considered by the board of countycommissioners before such license is issued. If an originallicense is granted and issued, the board of county commissioners shallgrant and issue renewals thereof upon application of the license holder, if thelicense holder is qualified to receive the same and the license has not beenrevoked as provided by law.
(c) An application for a retailer's license shall be verified and upona form prepared by the attorney general of thestate and shall contain:
(1) The name and residence of the applicant;
(2) the length of time that the applicant hasresided within the state of Kansas;
(3) the particular place of business for which a license is desired;
(4) the name of the owner of the premises upon which the place ofbusiness is located; and
(5) a statement that the applicant is a citizen of the United Statesand not less than 21 years of age and that the applicant has notwithin two years immediately preceding the date of makingapplication been convicted of a felony, any crime involving moralturpitude, drunkenness, driving a motorvehicle while under the influence of intoxicating liquor orviolation of any other intoxicating liquor law of any state or of theUnited States.
(d) In addition to the fee provided by subsection (e), eachapplication for a retailer's license to sell cereal malt beverages forconsumption on the licensed premises shall be accompanied bya fee as follows:
(1) For licensure of a place of businessother than a railway car, a feeof not less than $25nor more than $200,as prescribed by the board of county commissioners or the governingbody of the city, as the case may be; and
(2) for licensure to sell on railway cars, a fee of $100.
(e) Each applicant for a retailer'slicense or renewal of such a license shall submit to the directora copy of the completed applicationfor such license or license renewal, together with a fee of $25.Upon receipt of such application, the director shall authorize a statestamp to be affixed to thelicense.No such stamp shall be affixed to any license except such stamps as provided bythedirector and no retailer's license shall be issued or renewed unless suchstamp has first been affixed thereto.
(f) The director shall remit all fees collected by the director to thestate treasurer in accordance with theprovisions of K.S.A. 75-4215, and amendments thereto. Upon receipt ofeach such remittance, the state treasurershalldeposit the entire amount in the state treasury to the credit of thestate general fund,except that the directormay provide for the deposit in the cereal malt beverage tax refund fund of suchamounts as necessary for the refund of any license fees collected hereunder.
(g) The board of county commissioners of the several counties or thegoverning body of a city shall issue a license upon application dulymade as otherwise provided for herein, to any retailer engaged in businessin such county or city and qualified to receivesuch license, to sellonly cereal malt beverages in original and unopenedcontainers, and not for consumption on the premises. The annuallicense fee for such license, which shall be in addition to the feeprovided by subsection (e), shallbe not less than $25 nor more than $50.
(h) No license issued under this act shall be transferable.
History: L. 1937, ch. 214, § 2; L. 1949, ch. 244, § 4;L. 1953, ch. 240, § 1;L. 1970, ch. 188, § 1; L. 1978, ch. 189, § 2;L. 1987, ch. 182, § 98;L. 1988, ch. 165, § 6;L. 2001, ch. 5, § 133; July 1.