41-326. Licenses; term; assignability; refund of fees, when. (a) A license shall be purely a personal privilege, valid for not to exceed two years after issuance, except as otherwise provided by law, unless sooner suspended, involuntarily canceled or revoked, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. A license shall not descend by the laws of testate or intestate devolution but shall cease and expire upon the death of the licensee except that executors, administrators or representatives of the estate of any deceased licensee and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale, distribution or manufacture of alcoholic liquor under order of the appropriate court and may exercise the privilege of the deceased, insolvent or bankrupt licensee after the death of such decedent, or after such insolvency or bankruptcy, until the expiration of such license but not longer than one year after the death, bankruptcy or insolvency of such licensee.
(b) When the licensee pays the full amount of the license fee upon application and is prevented from operating under such license in accordance with the provisions of this act for the entire second year of the license term, a refund shall be made of one-half of the license fee paid by such licensee. The secretary of revenue may adopt rules and regulations pursuant to K.S.A. 41-210, and amendments thereto, which provide for the authorization of refunds of one-half of the license fee paid when the licensee does not use such license for the entire second year of the license term as a result of the cancellation of the license upon the request of the licensee for voluntary reasons.
History: L. 1949, ch. 242, § 42; L. 1985, ch. 170, § 7; L. 2010, ch. 142, § 9; L. 2015, ch. 82, § 15; 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.