Violations of act by persons required to be licensed; penalties; revocation of license; forfeiture and sale of liquor

41-901. Violations of act by persons required to be licensed; penalties; revocation of license; forfeiture and sale of liquor. (a) No person shall manufacture, import for distribution as a distributor at wholesale or distribute or sell alcoholic liquor or cereal malt beverage at any place within the state without having first obtained a valid license therefor under the provisions of this act or under K.S.A. 41-2702, and amendments thereto. No person shall obtain a license to carry on the business authorized by the license as agent for another, obtain a license by fraud or make any false statement or otherwise violate any of the provisions of this act in obtaining any license hereunder. No person having obtained a license hereunder shall violate any of the provisions of this act with respect to the manufacture, possession, distribution or sale of alcoholic liquor or cereal malt beverage; or with respect to the maintenance of the licensed premises. (b) Violation of subsection (a) shall be punishable as follows, except where other penalties are specifically provided by law: (1) For a first offense, by a fine of not more than $500; and (2) for a second or subsequent offense, by a fine of not more than $1,000 or by imprisonment for not more than six months, or both. (c) Each day any person engages in business as a manufacturer, distributor, microbrewery, microdistillery, farm winery or retailer in violation of the provisions of this act shall constitute a separate offense. (d) Any license obtained to carry on the business as agent for another or any license obtained by fraud or by false statements shall be revoked by the director. When a license has been revoked for obtaining a license to carry on the business authorized by the license as agent for another, or obtained a license by fraud or by any false statement, all alcoholic liquor in the possession of the person who procured the license shall be forfeited and sold and the proceeds of the sale shall be paid to the county treasurer of the county where the alcoholic liquor was located. During the pendency of any appeal from any order revoking a license, the director may obtain an order from the district court of the county where the alcoholic liquor is located, restraining the sale or disposal of the alcoholic liquor. When an order revoking any license is issued by the director, the director shall forthwith forward by registered mail a certified copy of the order revoking the license under the seal of the director to the county attorney of the county where the alcoholic liquor is located. Within 15 days after the order of revocation becomes final, the county attorney shall institute, against the person who procured the license, a civil action under the code of civil procedure in the district court of the county in the name of the state of Kansas on the relation of the county attorney to forfeit all alcoholic liquor. Summons shall be served as provided by the code of civil procedure upon the person who procured the license. Upon the return day of the summons issued or as soon after as convenient to the court, an order shall be entered by the court forfeiting the alcoholic liquor to the state of Kansas and ordering it to be sold by the sheriff of the county in which the forfeiture occurred. The order shall fix the time and place of sale and the method and manner in which the sale shall be held, together with notice of the sale as the court directs. After payment of all costs of the action, including a reasonable fee for the county attorney, the balance remaining shall be paid to the state treasurer pursuant to K.S.A. 20-2801, and amendments thereto. History: L. 1949, ch. 242, § 96; L. 1953, ch. 238, § 8; L. 1973, ch. 106, § 8; L. 1978, ch. 105, § 13; L. 1983, ch. 161, § 20; L. 1987, ch. 182, § 57; L. 2012, ch. 144, § 31; July 1. Law Review and Bar Journal References: Illegal use and alienation of homestead, Daniel C. Sullivan, 5 W.L.J. 296, 297 (1966). "Recovery of Attorney Fees in Kansas," Mark A. Furney, 18 W.L.J. 535, 559 (1979). Attorney General's Opinions: Prohibited acts and penalties; sale of intoxicating liquors on credit. 84-68. Beer distributors cannot sell cereal malt beverages or furnish equipment to a person holding a license that was not issued on an annual basis or for the calendar year; cities may impose reasonable licensure requirements. 2010-12. CASE ANNOTATIONS 1. Conviction for second offense; record examined; sentence not excessive; information sufficient. State v. Thomas, 177 Kan. 230, 232, 277 P.2d 577. 2. Applied; injunction to abate common nuisance; who may maintain action. State, ex rel., v. Hines, 178 Kan. 142, 145, 283 P.2d 472. 3. Evidence of other sales and packages of liquor held admissible. State v. Cook, 180 Kan. 648, 649, 305 P.2d 851. 4. Proof of possession of federal tax stamp authorizing liquor sales makes prima facie case of violation hereof. State v. Nesbitt, 191 Kan. 142, 143, 379 P.2d 318. 5. Mentioned; state cannot padlock homestead. State, ex rel., v. Mitchell, 194 Kan. 463, 464, 399 P.2d 556. 6. Mentioned; action by passenger train corporation (Amtrak) to enjoin enforcement of state liquor laws. National Railroad Passenger Corporation v. Miller, 358 F. Supp. 1321, 1323, 1325. 7. Missouri corporate retailer seeking injunction against director of alcoholic beverage control. Cellarmaster Wines of Missouri v. 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