Citation of act

41-101. Citation of act. This act may be cited as the "Kansas liquor control act." History: L. 1949, ch. 242, § 1; March 9. Revisor's Note: Prior 41-101 transferred to 16-201. Law Review and Bar Journal References: "Fifteen Years of Home Rule in Kansas Municipalities," Murray E. Anderson, 16 W.L.J. 360, 367 (1977). Mentioned in article concerning validity of 1978 restaurant-club law (K.S.A. 41-2637), Barkley Clark, 47 J.B.A.K. 63, 66 (1978). "Liquor by the Book in Kansas: The Ghost of Temperance Past," Kevin Wendell Swain, 35 W.L.J. 322, 341 (1996). Attorney General's Opinions: Retail liquor license; licensure of Kansas limited liability companies. 94-90. Club or drinking establishment license may not be issued to person who does not own or lease premises. 2003-26. CASE ANNOTATIONS 1. Purpose of act to stop illegal sale of and traffic in intoxicating liquors. State v. Coleman, 168 Kan. 159, 161, 164, 211 P.2d 81. 2. Act not inconsistent with provisions of G.S. 1949, 60-1511. Taylor v. Taylor, 174 Kan. 21, 22, 23, 25, 254 P.2d 301. 3. Kansas Liquor Control Act considered in upholding constitutionality of the private club act (K.S.A. 41-2601 et seq.). Tri-State Hotel Co. v. Londerholm, 195 Kan. 748, 752, 408 P.2d 877. 4. Transportation or possession of unstamped alcoholic liquor unlawful; intent immaterial. State v. Logan, 198 Kan. 211, 424 P.2d 565. 5. Cited in case holding liquor dealer not prohibited from storage of beer under conditions of controlled refrigeration. Willcott v. Murphy, 204 Kan. 640, 465 P.2d 959. 6. Ordinance regulating cereal malt beverage consumption and possession does not conflict with K.S.A. 41-804; subject not specifically pre-empted. City of Lyons v. Suttle, 209 Kan. 735, 739, 740, 744, 498 P.2d 9. 7. Referred to; city ordinance regulating private clubs not in conflict with state law; valid. Garten Enterprises, Inc. v. City of Kansas City, 219 Kan. 620, 623, 549 P.2d 864. 8. Referred to in holding 1978 amendments to club law and liquor control act authorized "open saloon"; unconstitutional. State, ex rel. Schneider v. Kennedy, 225 Kan. 13, 17, 587 P.2d 844. 9. 1979 amendments hereto declared constitutional; various constitutional objections to exclusive franchising and price fixing by distributors considered and discussed. Colby Distributing Co. v. Lennen, 227 Kan. 179, 180, 606 P.2d 102. 10. Considered and applied on appeal from license denial; director may not establish additional qualifications or restrictions. Cray v. Kennedy, 230 Kan. 663, 667, 676, 640 P.2d 1219 (1982). 11. Missouri corporate retailer seeking injunction against director of alcoholic beverage control. Cellarmaster Wines of Missouri v. Kennedy, 603 F. Supp. 793, 795, 800 (1985). 12. Act is comprehensive plan to regulate liquor from manufacture until sale for use or consumption. Ling v. Jan's Liquors, 237 Kan. 629, 637, 703 P.2d 731 (1985). 13. Noted where statutes prohibiting and regulating sale of liquor to minors held to not impose civil liability. Mills v. City of Overland Park, 251 Kan. 434, 440, 837 P.2d 370 (1992). 14. City had authority to exempt from ban on Sunday liquor sales prohibition. State ex rel. Kline v. Board of Comm'rs of Unified Gov't of Wyandotte Co./KC, 277 Kan. 516, 85 P.3d 1237 (2004). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026