As Amended by House Commettee
Session of 1998
HOUSE BILL No. 2740
By Committee on Federal and State Affairs
1-29
10
AN ACT concerning intoxicating liquors; relating to
sales by retailers;
11 amending K.S.A. 1997
Supp. 41-712 and repealing the existing section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 New Section 1. (a)
Sales of alcoholic liquor by retailers licensed un-
15 der the Kansas liquor control act shall be
permitted on Memorial Day,
16 Independence Day, except when such day
is a Sunday, and Labor
17 Day, between the hours of 1 p.m.
and 11 p.m., in any county where, in
18 accordance with this section, the
board of county commissioners by res-
19 olution has permitted such sales or
where the qualified voters of the
20 county have voted to permit such sales.
21 (b) The board of
county commissioners of any county, by resolution,
22 may permit sales provided for by
subsection (a) within the county. Such
23 resolution shall be published once
each week for two consecutive weeks
24 in the official county newspaper
and shall take effect 60 days after final
25 publication unless within such time
a valid petition if filed requesting
26 submission to the qualified voters
of the county of a proposition to permit
27 the sales provided for by
subsection (a).
28 (c) Whether or
not a resolution is adopted under subsection (b), a
A
29 petition may be filed at any time
requesting submission to the qualified
30 voters of a county of a proposition to
permit sales provided for by sub-
31 section (a) within the county.
32 (d)
(c) To be valid, a petition provided for by this
section shall be
33 filed with the county election officer of
the county and shall be signed by
34 qualified voters of the county equal in
number to not less than 5% 15%
35 of the qualified voters of the county who
voted for all candidates for the
36 office of secretary of state at the last
preceding general election at which
37 such office was elected. The following
shall appear at the top of each page
38 of the petition: ``We request an election
to determine whether sales of
39 alcoholic liquor shall be permitted on
Memorial Day, Independence Day
40 and Labor Day in ________ county.''
41 (e)
(d) Upon the filing of a valid petition under this
section, the
42 county election officer shall cause the
following proposition to be placed
43 on the ballot at the next countywide
election which occurs more than 60
HB 2740--Am.
2
1 days after the petition is filed with
the county election officer: ``Shall the
2 sale of alcoholic liquor be permitted
on Memorial Day, Independence
3 Day and Labor Day in ________
county?''
4 (f)
(e) If a majority of the votes cast and counted at an
election under
5 this section is in favor of the
proposition, sales of alcoholic liquor provided
6 for the subsection (a) shall be
permitted in the county.
7 (g)
(f) The election provided for by this section shall be
conducted,
8 and the votes counted and canvassed,
in the manner provided by law for
9 question submitted elections of the
county.
10 Sec. 2. K.S.A. 1997
Supp. 41-712 is hereby amended to read as fol-
11 lows: 41-712. No person shall sell at
retail any alcoholic liquor: (1) On
12 Sunday; (2) except as provided in
section 1, and amendments thereto, on
13 Memorial Day, Independence Day or
Labor Day; (3) on Thanksgiving
14 Day or Christmas Day; or
(3) (4) before 9 a.m. or after 11 p.m. on
any
15 day when the sale is permitted, except that
the governing body of any
16 city by ordinance may require closing prior
to 11 p.m., but such ordinance
17 shall not require closing prior to 8
p.m.
18 Sec. 3. K.S.A. 1997
Supp. 41-712 is hereby repealed.
19 Sec. 4. This act
shall take effect and be in force from and after its
20 publication in the Kansas register.
21
22