Persons and entities ineligible for licensure

41-2623. Persons and entities ineligible for licensure. (a) No license shall be issued under the provisions of this act to: (1) Any person described in K.S.A. 41-311(a)(1), (2), (4), (5), (6), (7), (8), (9), (12), (13) or (15), and amendments thereto, except that the provisions of K.S.A. 41-311(a)(7), and amendments thereto, shall not apply to nor prohibit the issuance of a license for a class A club to an officer of a post home of a congressionally chartered service or fraternal organization, or a benevolent association or society thereof. (2) A person who has had the person's license revoked for cause under the provisions of this act. (3) A person who has a beneficial interest in the manufacture, preparation or wholesaling or the retail sale of alcoholic liquor or cereal malt beverage or a beneficial interest in any other club, drinking establishment or caterer licensed hereunder, except that: (A) A license for premises located in a hotel may be granted to a person who has a beneficial interest in one or more other clubs or drinking establishments licensed hereunder if such other clubs or establishments are located in hotels. (B) A license for a club or drinking establishment that is a restaurant may be issued to a person who has a beneficial interest in other clubs or drinking establishments that are restaurants. (C) A caterer's license may be issued to a person who has a beneficial interest in a club or drinking establishment and a license for a club or drinking establishment may be issued to a person who has a beneficial interest in a caterer. (D) A license for a class A club may be granted to an organization of which an officer, director or board member is a distributor or retailer licensed under the liquor control act if such distributor or retailer sells no alcoholic liquor to such club. (E) Any person who has a beneficial interest in a microbrewery, microdistillery or farm winery licensed pursuant to the Kansas liquor control act may be issued any or all of the following: (1) Class B club license; (2) drinking establishment license; and (3) caterer's license. (F) Any person who has a beneficial interest in a manufacturer licensed pursuant to the Kansas liquor control act may be issued one drinking establishment license. (4) A copartnership, unless all of the copartners are qualified to obtain a license. (5) A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than 5% of the common or preferred stock of such corporation would be ineligible to receive a license hereunder for any reason other than citizenship requirements. (6) A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than 5% of the common or preferred stock of such corporation, has been an officer, manager or director, or a stockholder owning in the aggregate more than 5% of the common or preferred stock, of a corporation that: (A) Has had a license revoked under the provisions of the club and drinking establishment act; or (B) has been convicted of a violation of the club and drinking establishment act or the cereal malt beverage laws of this state. (7) A trust, if any grantor, beneficiary or trustee would be ineligible to receive a license under this act for any reason, except that the provisions of K.S.A. 41-311(a)(6), and amendments thereto, shall not apply in determining whether a beneficiary would be eligible for a license. (b) No club or drinking establishment license shall be issued under the provisions of the club and drinking establishment act to a person who does not own the premises for which a license is sought, or does not, at the time the application is submitted, have a written lease thereon, except that an applicant seeking a license for a premises that is owned by a city or county, or is a stadium, arena, convention center, theater, museum, amphitheater or other similar premises may submit an executed agreement to provide alcoholic beverage services at the premises listed in the application in lieu of a lease. History: L. 1965, ch. 316, § 23; L. 1969, ch. 245, § 1; L. 1978, ch. 186, § 7; L. 1985, ch. 170, § 32; L. 1987, ch. 182, § 75; L. 1992, ch. 201, § 6; L. 2001, ch. 189, § 4; L. 2007, ch. 178, § 1; L. 2010, ch. 142, § 16; L. 2012, ch. 144, § 39; L. 2015, ch. 82, § 7; L. 2021, ch. 107, § 25; May 27. Attorney General's Opinions: City option; licensure qualifications; residency requirement for corporations seeking microbrewery license. 95-57. Limited liability company is not precluded from holding a club or drinking establishment license. 2001-19. Club or drinking establishment license may not be issued to person who does not own or lease premises. 2003-26. Conviction not necessary to initiate disciplinary action against licensee of Division of Alcoholic Beverage Control. 2003-31. Residency requirement likely unconstitutional under the dormant commerce clause. 2020-11. 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