As Amended by House Committee
Session of 2000
HOUSE BILL No. 2637
By Representative Jenkins
1-13
10 AN ACT
concerning the location of retail liquor stores,
microbreweries
11 and farm
wineries; amending K.S.A. 41-710 and repealing the
existing
12
section.
13 AN ACT concerning
the location of retail liquor stores, micro-
14 breweries and farm
wineries; concerning the location of clubs
15 and drinking
establishments; amending K.S.A. 41-710 and 41-
16 2608 and repealing
the existing sections.
17
18 Be it enacted by the Legislature of the
State of Kansas:
19 Section
1. K.S.A. 41-710 is hereby amended to read as follows: 41-
20 710. (a) No retailer's license shall be
issued for premises which are located
21 in areas not zoned for general commercial
or business purposes, if the
22 city or township in which the premises are
located is zoned or are not
23 approved by the director, if the premises
sought to be licensed are located
24 outside an incorporated city in a township
which is not zoned.
25 (b) No
microbrewery license or farm winery license shall be issued
26 for premises which are zoned for any
purpose except agricultural, com-
27 mercial or business purposes.
28 (c) The
provisions of this subsection (c) shall apply to premises
for
29 which an original license was issued
prior to the effective date of this act.
30 No retailer's, microbrewery or farm winery
license shall be issued for
31 premises which:
32 (1) Are located
within 200 feet of any public or parochial school or
33 college or church, except that if any such
school, college or church is
34 established within 200 feet of any licensed
premises after the premises
35 have been licensed, the premises shall be
an eligible location for retail
36 licensing; and
or
37 (2) do not
conform to the building ordinances or laws of the state or
38 city or, in the absence of such ordinances
or laws, are not structurally in
39 good condition or are in a dilapidated
condition.
40
(d) The provisions of this subsection (d) shall
apply to premises for
41 which an original license was
issued on or after the effective date of this
42 act.
(d) The provisions of this subsection (d) shall not apply
to
43 premises located on property on which a
licensed premise is or has
2
1 been located prior to the
effective date of this act.
2 No
retailer's, microbrewery or farm winery license shall be issued
for
3 premises:
4
(1) Unless the property line of the property on which such
premises
5 are located is at least 200 yards
from the property line of property on
6 which is located any public or
parochial school or college or church. If
7 any such school, college or church
is established on property located
8 within the area described in this
paragraph after the premises have been
9 licensed, the premises shall be an
eligible location for retail licensing; or
10 (2) not
conforming to the building ordinance or laws of the state
or
11 city or, in the absence of such
ordinances or laws, are not structurally in
12 good condition or are in a dilapidated
condition.
13 Sec. 2. K.S.A. 41-710 is
hereby repealed. Sec. 2. K.S.A.
41-2608
14 is hereby amended to read as follows:
41-2608. (a) Any club or
15 drinking establishment license issued
pursuant to this act shall be
16 for one particular premises which shall
be stated in the application
17 and in the license. No license shall be
issued for a club or drinking
18 establishment unless the city, township
or county zoning code al-
19 lows a club or drinking establishment at
that location.
20 (b) The
provisions of this subsection (b) shall not apply to
premises
21 located on property on which a licensed
premise is or has been located
22 prior to the effective date of this
act.
23 In addition to the
limitations and requirements imposed by subsection
24 (a), no license for a club or drinking
establishment shall be issued for
25 premises:
26 (1) Unless the
property line of the property on which such premises
27 are located is at least 200 yards from
the property line of property on
28 which is located any public or parochial
school or college or church. If
29 any such school, college or church is
established on property located
30 within the area described in this
paragraph after the premises have been
31 licensed, the premises shall be an
eligible location for licensing as a club
32 or drinking establishment; or
33 (2) not
conforming to the building ordinance or laws of the state
or
34 city or, in the absence of such
ordinances or laws, are not structurally in
35 good condition or are in a dilapidated
condition.
36 Sec. 3. K.S.A. 41-710
and 41-2608 are hereby repealed.
37 Sec. 3.
4. This act shall take effect and be in force from and
after its
38 publication in the Kansas register.