41-311. Persons and entities ineligible for licensure.
41-311
41-311. Persons and entities ineligible forlicensure.(a) No license of any kind shall be issued pursuant to the liquor control actto a person:
(1) Who has not been a citizen of the United States for at least 10 years,except that thespouse of a deceased retail licensee may receive and renew a retail licensenotwithstanding theprovisions of this subsection (a)(1) if such spouse is otherwise qualified tohold a retail license andis a United States citizen or becomes a United States citizen within one yearafter the deceasedlicensee's death;
(2) who has been convicted of a felony under the laws of this state, anyother state or theUnited States;
(3) who has had a license revoked for cause under the provisions of theliquor control act,the beer and cereal malt beverage keg registration act or who has had anylicense issued under thecereal malt beverage laws of any state revoked for cause except that a licensemay be issued to aperson whose license was revoked for the conviction of a misdemeanor at anytime after the lapseof 10 years following the date of the revocation;
(4) who has been convicted of being the keeper or is keeping a house ofprostitution or hasforfeited bond to appear in court to answer charges of being a keeper of ahouse of prostitution;
(5) who has been convicted of being a proprietor of a gambling house,pandering or anyother crime opposed to decency and morality or has forfeited bond to appear incourt to answercharges for any of those crimes;
(6) who is not at least 21 years of age;
(7) who, other than as a member of the governing body of a city or county,appoints orsupervises any law enforcement officer, who is a law enforcement official orwho is an employeeof the director;
(8) who intends to carry on the business authorized by the license as agentof another;
(9) who at the time of application for renewal of any license issued underthis act would notbe eligible for the license upon a first application, except as provided bysubsection (a)(12);
(10) who is the holder of a valid and existing license issued under article27 of chapter 41of the Kansas Statutes Annotated unless the person agrees to and does surrenderthe license to theofficer issuing the same upon the issuance to the person of a license underthis act, except that aretailer licensed pursuant to K.S.A. 41-2702, and amendments thereto, shall beeligible to receivea retailer's license under the Kansas liquor control act;
(11) who does not own the premises for which a license is sought, or does nothave a writtenlease thereon for at least 3/4 of the period for which the license is to beissued;
(12) whose spouse would be ineligible to receive a license under this act forany reason otherthan citizenship, residence requirements or age, except that this subsection(a)(12) shall not applyin determining eligibility for a renewal license;
(13) whose spouse has been convicted of a felony or other crime which woulddisqualify aperson from licensure under this section and such felony or other crime wascommitted during thetime that the spouse held a license under this act; or
(14) who does not provide any data or information required by K.S.A. 2009Supp. 41-311b,and amendments thereto.
(b) No retailer's license shall be issued to:
(1) A person who is not a resident of this state;
(2) a person who has not been a resident of this state for at least fouryears immediatelypreceding the date of application;
(3) a person who has a beneficial interest in a manufacturer,distributor, farm winery or microbrewery licensed under this act;
(4) a person who has a beneficial interest in any other retail establishmentlicensed under thisact, except that the spouse of a licensee may own and hold a retailer's licensefor another retail establishment;
(5) a copartnership, unless all of the copartners are qualified to obtain alicense;
(6) a corporation; or
(7) a trust, if any grantor, beneficiary or trustee would be ineligible toreceive a license underthis act for any reason, except that the provisions of subsection (a)(6) shallnot apply in determiningwhether a beneficiary would be eligible for a license.
(c) No manufacturer's license shall be issued to:
(1) A corporation, if any officer or director thereof, or any stockholderowning in theaggregate more than 25% of the stock of the corporation would be ineligible toreceive amanufacturer's license for any reason other than citizenship and residencerequirements;
(2) a copartnership, unless all of the copartners shall have been residentsof this state for atleast five years immediately preceding the date of application and unless allthe members of the copartnership would be eligible to receive a manufacturer'slicense under this act;
(3) a trust, if any grantor, beneficiary or trustee would be ineligible toreceive a license underthis act for any reason, except that the provisions of subsection (a)(6) shallnot apply in determiningwhether a beneficiary would be eligible for a license;
(4) an individual who is not a resident of this state;
(5) an individual who has not been a resident of this state for at least fiveyears immediatelypreceding the date of application; or
(6) a person who has a beneficial interest in a distributor, retailer, farmwinery ormicrobrewery licensed under this act.
(d) No distributor's license shall be issued to:
(1) A corporation, if any officer, director or stockholder of the corporationwould beineligible to receive a distributor's license for any reason. It shall beunlawful for any stockholder ofa corporation licensed as a distributor to transfer any stock in thecorporation to any person whowould be ineligible to receive a distributor's license for any reason, and anysuch transfer shall benull and void, except that: (A) If any stockholder owning stock in thecorporation dies and an heiror devisee to whom stock of the corporation descends by descent anddistribution or by will isineligible to receive a distributor's license, the legal representatives of thedeceased stockholder'sestate and the ineligible heir or devisee shall have 14 months from the date ofthe death of thestockholder within which to sell the stock to a person eligible to receive adistributor's license, any such sale by a legal representative to be made inaccordance with the provisions of the probate code;or (B) if the stock in any such corporation is the subject of any trust and anytrustee or beneficiaryof the trust who is 21 years of age or older is ineligible to receive adistributor's license, the trustee,within 14 months after the effective date of the trust, shall sell the stock toa person eligible toreceive a distributor's license and hold and disburse the proceeds inaccordance with the terms of thetrust. If any legal representatives, heirs, devisees or trustees fail, refuseor neglect to sell any stockas required by this subsection, the stock shall revert to and become theproperty of the corporation,and the corporation shall pay to the legal representatives, heirs, devisees ortrustees the book valueof the stock. During the period of 14 months prescribed by this subsection, thecorporation shall notbe denied a distributor's license or have its distributor's license revoked ifthe corporation meets allof the other requirements necessary to have a distributor's license;
(2) a copartnership, unless all of the copartners are eligible to receive adistributor's license;
(3) a trust, if any grantor, beneficiary or trustee would be ineligible toreceive a license underthis act for any reason, except that the provisions of subsection (a)(6) shallnot apply in determiningwhether a beneficiary would be eligible for a license; or
(4) a person who has a beneficial interest in a manufacturer, retailer, farmwinery ormicrobrewery licensed under this act.
(e) No nonbeverage user's license shall be issued to a corporation, if anyofficer, manageror director of the corporation or any stockholder owning in the aggregate morethan 25% of the stockof the corporation would be ineligible to receive a nonbeverage user's licensefor any reason otherthan citizenship and residence requirements.
(f) No microbrewery license or farm winery license shall be issued to a:
(1) Person who is not a resident of this state;
(2) person who has not been a resident of this state for at least four yearsimmediately preceding the date of application;
(3) person who has a beneficial interest in a manufacturer ordistributorlicensed under this act or a person who currently has a beneficial interestin a farm winery;
(4) person, copartnership or association which has a beneficial interestin any retailerlicensed under this act or under K.S.A. 41-2702, and amendments thereto;
(5) copartnership, unless all of the copartners arequalified to obtain a license;
(6) corporation, unless stockholders owning in theaggregate 50% or more of the stock ofthe corporation would be eligible to receive such license and all otherstockholders would be eligibleto receive such license except for reason of citizenship or residency; or
(7) a trust, if any grantor, beneficiary or trustee wouldbe ineligible to receive a license underthis act for any reason, except that the provisions of subsection (a)(6) shallnot apply in determiningwhether a beneficiary would be eligible for a license.
(g) The provisions of subsections (b)(1), (b)(2), (c)(3), (c)(4), (d)(3),(f)(1), (f)(2) and K.S.A.2009 Supp. 41-311b, and amendments thereto, shall not apply in determiningeligibility for the 10th,or a subsequent, consecutive renewal of a license if the applicant hasappointed a citizen of theUnited States who is a resident of Kansas as the applicant's agent and filedwith the director a dulyauthenticated copy of a duly executed power of attorney, authorizing the agentto accept service ofprocess from the director and the courts of this state and to exercise fullauthority, control andresponsibility for the conduct of all business and transactions within thestate relative to alcoholicliquor and the business licensed. The agent must be satisfactory to andapproved by the director,except that the director shall not approve as an agent any person who:
(1) Has been convicted of a felony under the laws of this state, any otherstate or the United States;
(2) has had a license issued under the alcoholic liquor or cereal maltbeverage laws of thisor any other state revoked for cause, except that a person may be appointed asan agent if the person'slicense was revoked for the conviction of a misdemeanor and 10 years havelapsed since the date of the revocation;
(3) has been convicted of being the keeper or is keeping a house ofprostitution or hasforfeited bond to appear in court to answer charges of being a keeper of ahouse of prostitution;
(4) has been convicted of being a proprietor of a gambling house, panderingor any othercrime opposed to decency and morality or has forfeited bond to appear in courtto answer chargesfor any of those crimes; or
(5) is less than 21 years of age.
History: L. 1949, ch. 242, § 27;L. 1953, ch. 238, § 3;L. 1963, ch. 266, § 1;L. 1970, ch. 186, § 1;L. 1973, ch. 199, § 1;L. 1975, ch. 249, § 1;L. 1982, ch. 210, § 1;L. 1983, ch. 161, § 5;L. 1985, ch. 171, § 9;L. 1985, ch. 170, § 27;L. 1987, ch. 182, § 21;L. 1987, ch. 182, § 22;L. 1992, ch. 201, § 5;L. 1995, ch. 258, § 2;L. 1996, ch. 154, § 4;L. 2001, ch. 55, § 1;L. 2001, ch. 189, § 3;L. 2002, ch. 44, § 7;L. 2007, ch. 178, § 4;L. 2008, ch. 126, § 2; July 1.