41-320. Application of Kansas administrative procedure act to proceedings; hearings; director as presiding officer. (a) The provisions of the Kansas administrative procedure act shall apply to all proceedings involving the following:
(1) Denial of an application for any license to be issued pursuant to the Kansas liquor control act;
(2) suspension of any license issued pursuant to the Kansas liquor control act;
(3) involuntary cancellation of any license issued pursuant to the Kansas liquor control act;
(4) revocation of any license issued pursuant to the Kansas liquor control act; and
(5) assessment of any civil fine pursuant to K.S.A. 41-328, and amendments thereto.
(b) Except as provided in subsection (c), no license shall be suspended, involuntarily canceled or revoked unless there is an opportunity for a hearing before the director.
(c) When proceedings for the suspension, involuntary cancellation or revocation of a distributor's license are filed and the distributor has been issued more than one license for distributing places of business in this state, any order of the director suspending or revoking the license at any one place of business shall suspend or revoke all licenses issued to the distributor. When one person is the holder of stock or an ownership interest in two or more corporations licensed as distributors under the provisions of this act, any order of the director suspending or revoking the license of any such corporation shall operate as a suspension or revocation of the license of all corporations licensed as distributors in which the person is a stockholder.
(d) Notwithstanding any provision of the law to the contrary, the secretary may designate the director to be the presiding officer in any proceeding conducted pursuant to this section.
History: L. 1949, ch. 242, § 36; L. 1953, ch. 238, § 5; L. 1983, ch. 161, § 11; L. 1985, ch. 170, § 5; L. 1987, ch. 182, § 28; L. 1988, ch. 356, § 133; L. 2012, ch. 144, § 19; L. 2015, ch. 82, § 13; 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.