41-326. Licenses; term; assignability; refund of fees, when.
41-326
41-326. Licenses; term; assignability; refund of fees, when.A license shall be purely a personal privilege, valid for not to exceedone year after issuance, unless sooner suspended or revoked, and shallnot constitute property, nor shall it besubject to attachment, garnishment or execution, nor shall it be alienable ortransferable, voluntarily or involuntarily, or subject to being encumberedor hypothecated. A license shall not descend by the laws oftestate or intestate devolution but shall cease and expire uponthe death of the licensee except that executors,administrators orrepresentatives of the estate of any deceased licensee and the trustee ofany insolvent or bankrupt licensee, when such estate consists in part ofalcoholic liquor, may continue the business of the sale, distributionor manufacture ofalcoholic liquor under order of the appropriate court and may exercisethe privilege of the deceased, insolvent or bankrupt licensee after thedeath of such decedent, or after such insolvency or bankruptcy, until theexpiration of such license but not longer than one year after the death,bankruptcy or insolvency of such licensee.
A refund shall be made of that portion of the license fee paid for anyperiod in which the licensee shall be prevented from operating under suchlicense in accordance with the provisions of this section. The secretaryof revenue may adopt rules andregulations pursuant to K.S.A.41-210 and amendments thereto which provide for the authorization ofrefunds of that portion ofthe license fees paid for any period in which the licenseedoes not use such license as a result of the cancellation ofthe license upon the request of the licensee for voluntary reasons.
History: L. 1949, ch. 242, § 42;L. 1985, ch. 170, § 7; July 1.