Power to regulate alcoholic liquor

41-208. Power to regulate alcoholic liquor. (a) Except as specifically provided in the Kansas liquor control act, the power to regulate all phases of the manufacture, distribution, sale, possession, transportation and traffic in alcoholic liquor and the manufacture of beer regardless of its alcoholic content, is vested exclusively in the state and shall be exercised as provided in the Kansas liquor control act. No city or county shall enact any ordinance or resolution which is in conflict with the provisions of the Kansas liquor control act and any such ordinance or resolution shall be null and void. (b) Nothing contained in this section shall be construed as preventing any city from enacting ordinances declaring acts prohibited or made unlawful by this act as unlawful or prohibited in such city and prescribing penalties for violation thereof, but the minimum penalty in any such ordinance shall not be less than the minimum penalty prescribed by this act for the same violation, nor shall the maximum penalty in any such ordinance exceed the maximum penalty prescribed by this act for the same violation. (c) The provisions of this act are severable. If any provision of this act is held to be invalid or unconstitutional, it shall be presumed conclusively that the legislature would have enacted the remainder of this act without such invalid or unconstitutional provision. History: L. 1949, ch. 242, § 13; L. 2005, ch. 201, § 2; November 15. Law Review and Bar Journal References: "Fifteen Years of Home Rule in Kansas Municipalities," Murray E. Anderson, 16 W.L.J. 360, 367, 371 (1977). "Municipal Corporations: Home Rule—The Power of Local Self-Government and the Effect of State Enabling Legislation [Blevins v. Hiebert, 247 Kan. 1, 795 P.2d 325 (1990)]," Tonya L. O'Hern, 30 W.L.J. 554, 562 (1991). Attorney General's Opinions: Cereal malt beverages; local regulations. 93-143. Cities' powers to legislate licensure and sale of liquor by the drink. 93-147. Alcoholic liquor; city authority to issue and revoke a local city retail license. 96-55. Ordinance requiring two forms of identification for service of alcohol in club or drinking establishment; exercise of city home rule. 98-18. Changing status of city from "dry" to "wet" requires petition and election pursuant to K.S.A. 41-302. 2007-36. CASE ANNOTATIONS 1. City ordinance setting specific hours for closing of private club does not conflict with statute. Blue Star Supper Club, Inc. v. City of Wichita, 208 Kan. 731, 733, 735, 495 P.2d 524. 2. Mentioned; ordinance regulating cereal malt beverage consumption and possession in public areas constitutional; pre-emption does not include consumption. City of Lyons v. Suttle, 209 Kan. 735, 738, 498 P.2d 9. 3. Cited in case determining uniform applicability of statutes with regard to home rule power of cities. Claflin v. Walsh, 212 Kan. 1, 8, 509 P.2d 1130. 4. City ordinance regulating private clubs not in conflict with statute held valid. Garten Enterprises, Inc. v. City of Kansas City, 219 Kan. 620, 623, 624, 549 P.2d 864. 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