[As Amended by Senate on Final Action]
         

         
As Amended by Senate Committee
         

          Session of 1998
                   
SENATE BILL No. 694
         
By Committee on Federal and State Affairs
         
4-29
          12             AN ACT concerning state facilities; relating to assignment of space and
13             facilities in the state capitol; relating to the operation of the Hiram
14             Price Dillon house; amending K.S.A. 75-3765a and K.S.A. 1997 Supp.
15             41-719, as amended by section 8 of 1998 House Bill No. 2899 and
16             repealing the existing sections.
17             AN ACT concerning public property and facilities; relating to the
18             use thereof; amending K.S.A. 41-330, 41-2610, 41-2623 and 75-
19             3765a and K.S.A. 1997 Supp. 41-311, 41-719, as amended by
20             section 8 of 1998 House Bill No. 2899 and repealing the existing
21             sections.
22             [AN ACT concerning alcoholic beverages; relating to the regulation
23             and consumption thereof; amending K.S.A. 41-330, 41-2610 and
24             41-2623 and K.S.A. 1997 Supp. 41-311, 41-719, as amended by
25             section 8 of 1998 House Bill No. 2899, and repealing the existing
26             sections.]
27            
28       Be it enacted by the Legislature of the State of Kansas:
29           Section 1. K.S.A. 1997 Supp. 41-719, as amended by section 8 of
30       1998 House Bill No. 2899, is hereby amended to read as follows: 41-719.
31       (a) No person shall drink or consume alcoholic liquor on the public
32       streets, alleys, roads or highways or inside vehicles while on the public
33       streets, alleys, roads or highways.
34           (b) No person shall drink or consume alcoholic liquor on private
35       property except:
36           (1) On premises where the sale of liquor by the individual drink is
37       authorized by the club and drinking establishment act;
38           (2) upon private property by a person occupying such property as an
39       owner or lessee of an owner and by the guests of such person, if no charge
40       is made for the serving or mixing of any drink or drinks of alcoholic liquor
41       or for any substance mixed with any alcoholic liquor and if no sale of
42       alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
43       takes place;

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  1           (3) in a lodging room of any hotel, motel or boarding house by the
  2       person occupying such room and by the guests of such person, if no
  3       charge is made for the serving or mixing of any drink or drinks of alcoholic
  4       liquor or for any substance mixed with any alcoholic liquor and if no sale
  5       of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
  6       takes place;
  7           (4) in a private dining room of a hotel, motel or restaurant, if the
  8       dining room is rented or made available on a special occasion to an in-
  9       dividual or organization for a private party and if no sale of alcoholic liquor
10       in violation of K.S.A. 41-803, and amendments thereto, takes place; or
11           (5) on the premises of a microbrewery or farm winery, if authorized
12       by K.S.A. 41-308a or 41-308b, and amendments thereto.
13           (c) No person shall drink or consume alcoholic liquor on public prop-
14       erty except:
15           (1) On real property leased by a city to others under the provisions
16       of K.S.A. 12-1740 through 12-1749, and amendments thereto, if such real
17       property is actually being used for hotel or motel purposes or purposes
18       incidental thereto.
19           (2) In any state-owned or operated building or structure, and on the
20       surrounding premises, which is furnished to and occupied by any state
21       officer or employee as a residence.
22           (3) On premises licensed as a club or drinking establishment and
23       located on property owned or operated by an airport authority created
24       pursuant to chapter 27 of the Kansas Statutes Annotated or established
25       by a city having a population of more than 200,000.
26           (4) On the state fair grounds on the day of any race held thereon
27       pursuant to the Kansas parimutuel racing act.
28           (5) On the state fairgrounds, if such liquor is domestic wine or wine
29       imported under subsection (e) of K.S.A. 41-308a, and amendments
30       thereto, and is consumed only for purposes of judging competitions.
31           (6) In the state historical museum provided for by K.S.A. 76-2036,
32       and amendments thereto, on the surrounding premises and in any other
33       building on such premises, as authorized by rules and regulations of the
34       state historical society.
35           (7) On the premises of any state-owned historic site under the juris-
36       diction and supervision of the state historical society, on the surrounding
37       premises and in any other building on such premises, as authorized by
38       rules and regulations of the state historical society.
39           (8) In a lake resort within the meaning of K.S.A. 32-867, and amend-
40       ments thereto, on state-owned or leased property.
41           (9) On property exempted from this subsection (c) pursuant to sub-
42       section (d), (e), (f), (g) or (h).
43           (d) Any city may exempt, by ordinance, from the provisions of sub-

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  1       section (c) specified property the title of which is vested in such city.
  2           (e) The board of county commissioners of any county may exempt,
  3       by resolution, from the provisions of subsection (c) specified property the
  4       title of which is vested in such county.
  5           (f) The state board of regents may exempt from the provisions of
  6       subsection (c) specified property which is under the control of such board
  7       and which is not used for classroom instruction, where alcoholic liquor
  8       may be consumed in accordance with policies adopted by such board.
  9           (g) The board of regents of Washburn university may exempt from
10       the provisions of subsection (c) the Mulvane art center and the Bradbury
11       Thompson alumni center on the campus of Washburn university, and
12       other specified property the title of which is vested in such board and
13       which is not used for classroom instruction, where alcoholic liquor may
14       be consumed in accordance with policies adopted by such board.
15           (h) Any city may exempt, by ordinance, from the provisions of sub-
16       section (c) any national guard armory in which such city has a leasehold
17       interest, if the Kansas military board consents to the exemption.
18           (i) The provisions of subsection (c) shall not apply to functions or
19       activities held in the Hiram Price Dillon house or on its surrounding
20       premises, except to the extent limitations are established in policies
21       adopted by the legislative coordinating council, as provided by K.S.A. 75-
22       3682, and amendments thereto.
23           (i) (j) Violation of any provision of this section is a misdemeanor pun-
24       ishable by a fine of not less than $50 or more than $200 or by impris-
25       onment for not more than six months, or both.
26           Sec. 2. K.S.A. 75-3765a is hereby amended to read as follows: 75-
27       3765a. Assignment of space and facilities in the state capitol building shall
28       be made by a vote of five (5) of the members of the legislative coordi-
29       nating council. Except as otherwise provided by this section, space and
30       facilities in the state capitol building shall be permanently assigned only
31       to the governor, lieutenant governor, secretary of state, and the legislature
32       and staff offices, departments and agencies thereof. The rooms designated
33       as 240-N and 241-N in the state capitol building shall be permanently
34       assigned to the secretary of state to be used by the secretary of state and
35       other state officials for ceremonial and other purposes. Except as other-
36       wise provided by this section, space and facilities in the state capitol build-
37       ing occupied on the effective date of this act by the supreme court, at-
38       torney general secretary of state, department of administration, state
39       library and agencies, offices and departments thereof are temporarily as-
40       signed in accordance with such occupancy, but such occupancies shall be
41       modified in accordance with this section from time to time as other offices
42       and facilities become available. The secretary of administration shall pro-
43       vide offices and facilities outside of the state capitol building at the earliest

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  1       practicable time for occupants of the state capitol building other than the
  2       foregoing permanent and temporary assignments. At the beginning of the
  3       1999 regular session of the legislature, a plan for the renovation and the
  4       assignment and use of space and facilities in the state capitol building,
  5       including cost estimates, shall be prepared and included in legislation
  6       introduced and considered by the legislature during the 1999 regular
  7       session.
  8           Sec. 3. [2.] K.S.A. 1997 Supp. 41-311 is hereby amended to
  9       read as follows: 41-311. (a) No license of any kind shall be issued
10       pursuant to the liquor control act to a person:
11           (1) Who has not been a citizen of the United States for at least
12       10 years, except that the spouse of a deceased retail licensee may
13       receive and renew a retail license notwithstanding the provisions of
14       this subsection (a)(1) if such spouse is otherwise qualified to hold
15       a retail license and is a United States citizen or becomes a United
16       States citizen within one year after the deceased licensee's death;
17           (2) who has been convicted of a felony under the laws of this
18       state, any other state or the United States;
19           (3) who has had a license revoked for cause under the provisions
20       of this act or who has had any license issued under the cereal malt
21       beverage laws of any state revoked for cause except that a license
22       may be issued to a person whose license was revoked for the con-
23       viction of a misdemeanor at any time after the lapse of 10 years
24       following the date of the revocation;
25           (4) who has been convicted of being the keeper or is keeping a
26       house of prostitution or has forfeited bond to appear in court to
27       answer charges of being a keeper of a house of prostitution;
28           (5) who has been convicted of being a proprietor of a gambling
29       house, pandering or any other crime opposed to decency and mo-
30       rality or has forfeited bond to appear in court to answer charges
31       for any of those crimes;
32           (6) who is not at least 21 years of age;
33           (7) who, other than as a member of the governing body of a city
34       or county, appoints or supervises any law enforcement officer, who
35       is a law enforcement official or who is an employee of the director
36       department;
37           (8) who intends to carry on the business authorized by the li-
38       cense as agent of another;
39           (9) who at the time of application for renewal of any license
40       issued under this act would not be eligible for the license upon a
41       first application, except as provided by subsection (a)(12);
42           (10) who is the holder of a valid and existing license issued un-
43       der article 27 of chapter 41 of the Kansas Statutes Annotated unless

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  1       the person agrees to and does surrender the license to the officer
  2       issuing the same upon the issuance to the person of a license under
  3       this act, except that a retailer licensed pursuant to K.S.A. 41-2702,
  4       and amendments thereto, shall be eligible to receive a retailer's li-
  5       cense under the Kansas liquor control act;
  6           (11) who does not own the premises for which a license is
  7       sought, or does not have a written lease thereon for at least 3/4 of
  8       the period for which the license is to be issued; or
  9           (12) whose spouse would be ineligible to receive a license under
10       this act for any reason other than citizenship, residence require-
11       ments or age, except that this subsection (a)(12) shall not apply in
12       determining eligibility for a renewal license; or
13           (13) who [willfully] has failed to file any tax return or [willfully]
14       is not current in filing all applicable tax returns and in payment of all
15       taxes, interest and penalties owed to the state of Kansas, excluding items
16       under formal appeal pursuant to applicable statutes or items under a
17       formal repayment schedule entered into with the secretary or the secre-
18       tary's designee. Except as provided by federal or state law or any appli-
19       cable gaming compact, nothing in this paragraph shall be construed to
20       enhance or diminish the state's authority to impose any tax, fee, charge
21       or assessment upon any native american tribe or any agent thereof.
22           (b) No retailer's license shall be issued to:
23           (1) A person who is not a resident of this state;
24           (2) a person who has not been a resident of this state for at least
25       four years immediately preceding the date of application;
26           (3) a person who has beneficial interest in the manufacture,
27       preparation or wholesaling of alcoholic beverages;
28           (4) a person who has beneficial interest in any other retail es-
29       tablishment licensed under this act, except that the spouse of a li-
30       censee may own and hold a retailer's license for another retail es-
31       tablishment;
32           (5) a copartnership, unless all of the copartners are qualified to
33       obtain a license;
34           (6) a corporation; or
35           (7) a trust, if any grantor, beneficiary or trustee would be in-
36       eligible to receive a license under this act for any reason, except
37       that the provisions of subsection (a)(6) shall not apply in determin-
38       ing whether a beneficiary would be eligible for a license.
39           (c) No manufacturer's license shall be issued to:
40           (1) A corporation, if any officer or director thereof, or any
41       stockholder owning in the aggregate more than 25% of the stock of
42       the corporation would be ineligible to receive a manufacturer's li-
43       cense for any reason other than citizenship and residence require-

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  1       ments;
  2           (2) a copartnership, unless all of the copartners shall have been
  3       residents of this state for at least five years immediately preceding
  4       the date of application and unless all the members of the copart-
  5       nership would be eligible to receive a manufacturer's license under
  6       this act;
  7           (3) a trust, if any grantor, beneficiary or trustee would be in-
  8       eligible to receive a license under this act for any reason, except
  9       that the provisions of subsection (a)(6) shall not apply in determin-
10       ing whether a beneficiary would be eligible for a license;
11           (4) an individual who is not a resident of this state; or
12           (5) an individual who has not been a resident of this state for at
13       least five years immediately preceding the date of application.
14           (d) No distributor's license shall be issued to:
15           (1) A corporation, if any officer, director or stockholder of the
16       corporation would be ineligible to receive a distributor's license for
17       any reason. It shall be unlawful for any stockholder of a corporation
18       licensed as a distributor to transfer any stock in the corporation to
19       any person who would be ineligible to receive a distributor's license
20       for any reason, and any such transfer shall be null and void, except
21       that: (A) If any stockholder owning stock in the corporation dies
22       and an heir or devisee to whom stock of the corporation descends
23       by descent and distribution or by will is ineligible to receive a dis-
24       tributor's license, the legal representatives of the deceased stock-
25       holder's estate and the ineligible heir or devisee shall have 14
26       months from the date of the death of the stockholder within which
27       to sell the stock to a person eligible to receive a distributor's license,
28       any such sale by a legal representative to be made in accordance
29       with the provisions of the probate code; or (B) if the stock in any
30       such corporation is the subject of any trust and any trustee or ben-
31       eficiary of the trust who is 21 years of age or older is ineligible to
32       receive a distributor's license, the trustee, within 14 months after
33       the effective date of the trust, shall sell the stock to a person eligible
34       to receive a distributor's license and hold and disburse the proceeds
35       in accordance with the terms of the trust. If any legal representa-
36       tives, heirs, devisees or trustees fail, refuse or neglect to sell any
37       stock as required by this subsection, the stock shall revert to and
38       become the property of the corporation, and the corporation shall
39       pay to the legal representatives, heirs, devisees or trustees the book
40       value of the stock. During the period of 14 months prescribed by
41       this subsection, the corporation shall not be denied a distributor's
42       license or have its distributor's license revoked if the corporation
43       meets all of the other requirements necessary to have a distributor's

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  1       license;
  2           (2) a copartnership, unless all of the copartners are eligible to
  3       receive a distributor's license;
  4           (3) a trust, if any grantor, beneficiary or trustee would be in-
  5       eligible to receive a license under this act for any reason, except
  6       that the provisions of subsection (a)(6) shall not apply in determin-
  7       ing whether a beneficiary would be eligible for a license;
  8           (4) an individual who is not a resident of this state; or
  9           (5) an individual who has not been a resident of this state for at
10       least 10 years immediately preceding the date of application, except
11       that:
12           (A) A wholesaler of cereal malt beverages properly licensed on
13       September 1, 1948, shall be eligible for a beer distributor's license;
14       and
15           (B) a person who has been a resident of the state for at least one
16       year immediately preceding the date of application shall be eligible
17       for a beer distributor's license.
18           (e) No nonbeverage user's license shall be issued to a corpora-
19       tion, if any officer, manager or director of the corporation or any
20       stockholder owning in the aggregate more than 25% of the stock of
21       the corporation would be ineligible to receive a nonbeverage user's
22       license for any reason other than citizenship and residence require-
23       ments.
24           (f) No microbrewery license or farm winery license shall be is-
25       sued to a:
26           (1) Person who is not a resident of this state;
27           (2) person who has not been a resident of this state for at least
28       four years immediately preceding the date of application;
29           (3) person who has beneficial interest in the manufacture, prep-
30       aration or wholesaling of alcoholic beverages other than that pro-
31       duced by such brewery or winery;
32           (4) person, copartnership or association which has beneficial
33       interest in any retailer licensed under this act or under K.S.A. 41-
34       2702, and amendments thereto;
35           (5) copartnership, unless all of the copartners are qualified to
36       obtain a license;
37           (6) corporation, unless stockholders owning in the aggregate
38       50% or more of the stock of the corporation would be eligible to
39       receive such license and all other stockholders would be eligible to
40       receive such license except for reason of citizenship or residency;
41       or
42           (7) a trust, if any grantor, beneficiary or trustee would be in-
43       eligible to receive a license under this act for any reason, except

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  1       that the provisions of subsection (a)(6) shall not apply in determin-
  2       ing whether a beneficiary would be eligible for a license.
  3           (g) The provisions of subsections (b)(1), (b)(2), (c)(3), (c)(4),
  4       (d)(3), (d)(4), (f)(1) and (f)(2) shall not apply in determining eligi-
  5       bility for the 10th, or a subsequent, consecutive renewal of a license
  6       if the applicant has appointed a citizen of the United States who is
  7       a resident of Kansas as the applicant's agent and filed with the di-
  8       rector secretary or the secretary's designee a duly authenticated copy
  9       of a duly executed power of attorney, authorizing the agent to ac-
10       cept service of process from the director secretary or the secretary's
11       designee and the courts of this state and to exercise full authority,
12       control and responsibility for the conduct of all business and trans-
13       actions within the state relative to alcoholic liquor and the business
14       licensed. The agent must be satisfactory to and approved by the
15       director, except that the director secretary or the secretary's designee.
16       The secretary or the secretary's designee shall not approve as an agent
17       any person who:
18           (1) Has been convicted of a felony under the laws of this state,
19       any other state or the United States;
20           (2) has had a license issued under the alcoholic liquor or cereal
21       malt beverage laws of this or any other state revoked for cause,
22       except that a person may be appointed as an agent if the person's
23       license was revoked for the conviction of a misdemeanor and 10
24       years have lapsed since the date of the revocation;
25           (3) has been convicted of being the keeper or is keeping a house
26       of prostitution or has forfeited bond to appear in court to answer
27       charges of being a keeper of a house of prostitution;
28           (4) has been convicted of being a proprietor of a gambling
29       house, pandering or any other crime opposed to decency and mo-
30       rality or has forfeited bond to appear in court to answer charges
31       for any of those crimes; or
32           (5) is less than 21 years of age.
33           Sec. 4. [3.] K.S.A. 41-330 is hereby amended to read as follows:
34       41-330. After notice and an opportunity for hearing in accordance
35       with the provisions of the Kansas administrative procedure act, the
36       director secretary or the secretary's designee may refuse to issue or
37       renew or may revoke any license provided for by the Kansas liquor
38       control act if:
39           (a) The licensee or the licensee's spouse has been convicted of
40       a violation of intoxicating liquor laws of any state or the alcoholic
41       beverage control laws of the United States or has forfeited of bond
42       to appear in court to answer charges for any such violation, within
43       the 10 years immediately preceding the date of application for is-

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  1       suance or renewal of the license or the date of revocation; or
  2           (b) the licensee or the licensee's spouse has been convicted of a
  3       violation of any of the laws of any state relating to cereal malt bev-
  4       erages, within 10 years immediately preceding the date of appli-
  5       cation for issuance or renewal of the license or the date of revoca-
  6       tion.; or
  7           (c) the licensee [willfully] has failed to file any tax return or [will-
  8       fully] is not current in filing all applicable tax returns and in payment of
  9       all taxes, interest and penalties owed to the state of Kansas, excluding
10       items under formal appeal pursuant to applicable statutes or items under
11       a formal repayment schedule entered into with the secretary or the sec-
12       retary's designee. Except as provided by federal or state law or any ap-
13       plicable gaming compact, nothing in this subsection shall be construed to
14       enhance or diminish the state's authority to impose any tax, fee, charge
15       or assessment upon any native american tribe or any agent thereof.
16           Sec. 5. [4.] K.S.A. 41-2610 is hereby amended to read as fol-
17       lows: 41-2610. It shall be unlawful for any licensee or holder of a
18       temporary permit under this act to:
19           (a) Employ any person under the age of 18 years in connection
20       with the serving of alcoholic liquor.
21           (b) Employ knowingly or continue in employment any person
22       in connection with the dispensing or serving of alcoholic liquor or
23       the mixing of drinks containing alcoholic liquor who has been ad-
24       judged guilty of a felony or of any crime involving a morals charge
25       in this or any other state, or of the United States.
26           (c) Employ knowingly or to continue in employment any person
27       in connection with the dispensing or serving of alcoholic liquor or
28       mixing of drinks containing alcoholic liquor who has been adjudged
29       guilty of a violation of any intoxicating liquor law of this or any
30       other state, or of the United States, during the two-year period im-
31       mediately following such adjudging.
32           (d) In the case of a club, fail to maintain at the licensed premises
33       a current list of all members and their residence addresses or refuse
34       to allow the director, any of the director's secretary or the secretary's
35       authorized agents or any law enforcement officer to inspect such
36       list.
37           (e) Purchase alcoholic liquor from any person except from a
38       person authorized by law to sell such alcoholic liquor to such li-
39       censee or permit holder.
40           (f) Permit any employee of the licensee or permit holder who is
41       under the age of 21 years to work on premises where alcoholic liq-
42       uor is sold by such licensee or permit holder at any time when not
43       under the on-premises supervision of either the licensee or permit

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  1       holder, or an employee who is 21 years of age or over.
  2           (g) Employ any person under 21 years of age in connection with
  3       the mixing or dispensing of drinks containing alcoholic liquor.
  4           (h) Fail [willfully fail] to file any tax return or [willfully] is not
  5       current in filing all applicable tax returns and in payment of all taxes,
  6       interest and penalties owed to the state of Kansas, excluding items under
  7       formal appeal pursuant to applicable statutes or items under a formal
  8       repayment schedule entered into with the secretary or the secretary's des-
  9       ignee. Except as provided by federal or state law or any applicable gaming
10       compact, nothing in this subsection shall be construed to enhance or di-
11       minish the state's authority to impose any tax, fee, charge or assessment
12       upon any native american tribe or any agent thereof.
13           Sec. 6. [5.] K.S.A. 41-2623 is hereby amended to read as fol-
14       lows: 41-2623. (a) No license shall be issued under the provisions
15       of this act to:
16           (1) Any person described in subsection (a)(1), (2), (4), (5), (6),
17       (7), (8), (9) or (12) of K.S.A. 41-311, and amendments thereto, except
18       that the provisions of subsection (a)(7) of such section shall not
19       apply to nor prohibit the issuance of a license for a class A club to
20       an officer of a post home of a congressionally chartered service or
21       fraternal organization, or a benevolent association or society
22       thereof.
23           (2) A person who has had the person's license revoked for cause
24       under the provisions of this act.
25           (3) A person who has not been a resident of this state for a pe-
26       riod of at least one year immediately preceding the date of appli-
27       cation.
28           (4) A person who has a beneficial interest in the manufacture,
29       preparation or wholesaling or the retail sale of alcoholic liquors or
30       a beneficial interest in any other club, drinking establishment or
31       caterer licensed hereunder, except that:
32           (A) A license for premises located in a hotel may be granted to
33       a person who has a beneficial interest in one or more other clubs
34       or drinking establishments licensed hereunder if such other clubs
35       or establishments are located in hotels.
36           (B) A license for a club or drinking establishment which is a
37       restaurant may be issued to a person who has a beneficial interest
38       in other clubs or drinking establishments which are restaurants.
39           (C) A caterer's license may be issued to a person who has a
40       beneficial interest in a club or drinking establishment and a license
41       for a club or drinking establishment may be issued to a person who
42       has a beneficial interest in a caterer.
43           (D) A license for a class A club may be granted to an organi-

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  1       zation of which an officer, director or board member is a distributor
  2       or retailer licensed under the liquor control act if such distributor
  3       or retailer sells no alcoholic liquor to such club.
  4           (E) On and after January 1, 1988, a license for a class B club
  5       or drinking establishment may be granted to a person who has a
  6       beneficial interest in a microbrewery or farm winery licensed pur-
  7       suant to the Kansas liquor control act.
  8           (5) A copartnership, unless all of the copartners are qualified
  9       to obtain a license.
10           (6) A corporation, if any officer, manager or director thereof,
11       or any stockholder owning in the aggregate more than 5% of the
12       common or preferred stock of such corporation would be ineligible
13       to receive a license hereunder for any reason other than citizenship
14       and residence requirements.
15           (7) A corporation, if any officer, manager or director thereof,
16       or any stockholder owning in the aggregate more than 5% of the
17       common or preferred stock of such corporation, has been an officer,
18       manager or director, or a stockholder owning in the aggregate more
19       than 5% of the common or preferred stock, of a corporation which:
20           (A) Has had a license revoked under the provisions of the club
21       and drinking establishment act; or
22           (B) has been convicted of a violation of the club and drinking
23       establishment act or the cereal malt beverage laws of this state.
24           (8) A corporation organized under the laws of any state other
25       than this state.
26           (9) A trust, if any grantor, beneficiary or trustee would be in-
27       eligible to receive a license under this act for any reason, except
28       that the provisions of subsection (a)(6) of K.S.A. 41-311, and amend-
29       ments thereto, shall not apply in determining whether a beneficiary
30       would be eligible for a license.
31           (10) A person who [willfully] has failed to file any tax return or
32       [willfully] is not current in filing all applicable tax returns and in pay-
33       ment of all taxes, interest and penalties owed to the state of Kansas, ex-
34       cluding items under formal appeal pursuant to applicable statutes or items
35       under a formal repayment schedule entered into with the secretary or the
36       secretary's designee. Except as provided by federal or state law or any
37       applicable gaming compact, nothing in this paragraph shall be construed
38       to enhance or diminish the state's authority to impose any tax, fee, charge
39       or assessment upon any native american tribe or any agent thereof.
40           (b) No club or drinking establishment license shall be issued
41       under the provisions of the club and drinking establishment act to:
42           (1) A person described in subsection (a)(11) of K.S.A. 41-311,
43       and amendments thereto.

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  1           (2) A person who is not a resident of the county in which the
  2       premises sought to be licensed are located.
  3           Sec. 3. 7. [6.] K.S.A. 41-330, 41-2610, 41-2623 and 75-3765a
  4       [and 41-2623] and K.S.A. 1997 Supp. 41-311 and 41-719, as amended
  5       by section 8 of 1998 House Bill No. 2899, are hereby repealed.
  6           Sec. 4. 8. [7.] This act shall take effect and be in force from and
  7       after its publication in the statute book.
  8