41-303. Retailer's license, premises outside city. (a) The director may issue to qualified applicants licenses to sell at retail alcoholic liquor in the original package on premises not located in an incorporated city for use or consumption off the premises. No such license shall be issued to any applicant unless the applicant possesses all the qualifications required of other applicants for retailers' licenses except the qualification of residency within a city.
No such license shall be issued to any applicant under this section unless the board of county commissioners of the county in which the premises for which licensure is sought are located adopts a resolution approving the issuance of such license. A certified copy of such resolution shall accompany the application for a license authorized by this section.
(b) If a license has been issued under the provisions of this section in the unincorporated area of a county and thereafter the premises so licensed are annexed to a city wherein retail liquor licenses may be issued, such license shall continue to be valid and may be renewed at the appropriate time even though the licensee does not reside in the city to which the area is annexed if the licensee otherwise is qualified and resides in the township in which the premises were located prior to annexation or in the city to which the premises have been annexed.
(c) Any retail license issued prior to the effective date of this act for premises not located in an incorporated city shall continue to be valid and such premises shall continue to be eligible for licensure if the board of county commissioners of the county in which the premises are located has adopted a resolution approving the issuance of such license. A certified copy of such resolution shall accompany the application for a license authorized by this subsection.
History: L. 1949, ch. 242, § 19; L. 1965, ch. 315, § 1; L. 1967, ch. 275, § 1; L. 2000, ch. 166, § 1; L. 2004, ch. 94, § 2; L. 2005, ch. 201, § 5; L. 2008, ch. 126, § 5; July 1.
Structure Kansas Statutes
Chapter 41 - Intoxicating Liquors And Beverages
Article 3 - Licensing And Related Provisions; City Option
41-301 Retailer's license, premises within city.
41-302 Same; election; licensees' rights.
41-303 Retailer's license, premises outside city.
41-305 Manufacturer's license; rights of licensee; samples; other.
41-306 Spirits distributor's license; rights of licensee.
41-306a Wine distributor's license; rights of licensee.
41-307 Beer distributor's license; rights of licensee.
41-308 Retailer's license; rights of licensee.
41-308d Retailer's license; wine, beer and spirits tastings; rules and regulations.
41-309 Nonbeverage user's license; rights of licensee.
41-310 License fees; term; city or township taxes.
41-311 Persons and entities ineligible for licensure.
41-311b Licensure of nonresidents.
41-311c Licensure qualifications for limited liability company.
41-315 Retail license; applies only to premises described; removal; procedure.
41-317 License applications; forms; fees; bonds.
41-319 Time limit on grant or denial of license.
41-320a Suspension, involuntary cancellation or revocation of license; grounds.
41-321 Refusal, suspension, involuntary cancellation or revocation of license; appeal to secretary.
41-322 Same; powers of secretary; subpoenas.
41-323 Same; judicial review of secretary's decision.
41-324 Same; duty of county or district attorney.
41-326 Licenses; term; assignability; refund of fees, when.
41-328 Violations of act; civil penalties.
41-328b Administrative orders; civil fines; time limit on orders.
41-330 Denial or revocation of license for alcohol-related convictions; notice and hearing.
41-331 Suppliers; annual permit; brand registration.
41-332 Same; temporary permit to import certain liquor.
41-342 Nonalcoholic malt beverages; title of act.
41-344 Same; sales by certain licensees.
41-345 Same; distribution; sales and taxation.
41-346 Administrative action for offenses involving minors; defense.
41-351 Farm winery; bona fide farmers' market sales permit; rules and regulations.
41-352 Packaging and warehousing facility permit; rights of permit holder.
41-355 Producer's license; rights of licensee; maintenance of records.