41-301. Retailer's license, premises within city.
41-301
41-301. Retailer's license, premises withincity.(a) Except as provided by subsection (b), the director shall issue toqualified applicants, who have filed thebond and paid the registration and license fees required by this act,licenses to sell at retail alcoholic liquor in theoriginalpackage on premiseswithin the corporate limits of cities and outside the corporate limitsof any city.
(b) No retailer's license shall be issued for premises within a city ifthe governing body ofsuch city, on or before February 15, 2006, adopts anordinance prohibiting thelicensing of the sale at retail of alcoholic liquor in the original packagewithin such city. Uponadoption of such ordinance, the city clerk promptly shall transmit a copy ofsuch ordinance to thedirector and the director shall refuse to issue licenses to sell at retailalcoholic liquor in theoriginal package in such city. If the governing body adopts such an ordinance,the holder of anyvalid existing retailer's license for premises in such city shall have theright to continue tooperate under such license for a period of 90 days after the effective date ofthe ordinance or untilthe expiration of such license, whichever period of time is shorter. If suchperiod of time expiresbefore the expiration of the term for which the retailer's license was issued,the licensee shall beentitled to a refund of the license fee for the unexpired portion of thelicense period whichremains, in accordance with rules and regulations adopted by the secretary.
(c) No retailer's license shall be issued for premises within a city if,after November 15, 2005, a majority of the qualified voters of such city votingat anelection held asprovided by K.S.A. 41-302, and amendments thereto, votes against the licensingof the sale atretail of alcoholic liquor in the original package within such city unless, ata subsequent election,a majority of the qualified voters of such city voting at such election votesin favor of thelicensing of the sale at retail of alcoholic liquor in the original packagewithin such city.
History: L. 1949, ch. 242, § 17;L. 2005, ch. 201, § 3; Nov. 15.