Session of 2000
SENATE BILL No. 608
By Joint Committee on State-Tribal Relations
2-9
9 AN ACT
concerning the club and drinking establishment act; relating to
10 class clubs; amending
K.S.A. 1999 Supp. 41-2641 and repealing the
11 existing section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 1999 Supp. 41-2641 is hereby amended to read as
15 follows: 41-2641. (a) A license for a class
B club shall allow the licensee
16 to offer for sale, sell and serve alcoholic
liquor for consumption on the
17 licensed premises by members of such club
and guests accompanying
18 them.
19 (b)
(1) Subject to the provisions of subsection (b)(2), any two or
more
20 class A or class B clubs may permit, by an
agreement filed with and
21 approved by the director, the members of
each such club to have access
22 to all other clubs which are parties to
such agreement. The privileges
23 extended to the visiting members of other
clubs under such an agreement
24 shall be determined by the agreement and,
if the agreement so provides,
25 any club which is a party to such agreement
may sell, offer for sale and
26 serve, to any person who is a member of
another club which is a party to
27 such agreement, alcoholic liquor for
consumption on the licensed prem-
28 ises by such person and such person's
family, and guests accompanying
29 them.
30 (2) A class B
club may enter into a reciprocal agreement authorized
31 by subsection (b)(1) only if the class B
club is a restaurant.
32 (c) Except as
provided by subsection (d), an applicant for member-
33 ship in a class B club shall, before
becoming a member of such club:
34 (1) Be screened
by the club for good moral character;
35 (2) pay an annual
membership fee of not less than $10; and
36 (3) wait for a
period of 10 days after completion of the application
37 form and payment of the membership fee.
38
(d) Notwithstanding the membership fee and waiting period
require-
39 ment of subsection (c):
40 (1) Any class B
club located on the premises of a hotel or RV resort
41 may establish rules whereby a guest, who
registered at the hotel or RV
42 resort and who is not a resident of the
county in which the club is located,
43 may file application for temporary
membership in such club. The mem-
2
1 bership, if granted, shall be valid
only for the period of time that the guest
2 is a bona fide registered guest at
the hotel or RV resort and such tem-
3 porary membership shall not be
subject to the waiting period or fee re-
4 quirement of this section.
5 (2) Any
class B club located on property which is owned or operated
6 by a municipal airport authority and
upon which consumption of alcoholic
7 liquor is authorized by law may
establish rules whereby an air traveler
8 who is a holder of a current airline
ticket may file application for tem-
9 porary membership in such club for
the day such air traveler's ticket is
10 valid, and such temporary membership shall
not be subject to the waiting
11 period or fee requirement of this
section.
12 (3) Any class B
club may establish rules whereby military personnel
13 of the armed forces of the United States on
temporary duty and housed
14 at or near any military installation
located within the exterior boundaries
15 of the state of Kansas may file application
for temporary membership in
16 such club. The membership, if granted,
shall be valid only for the period
17 of the training, not to exceed 20 weeks.
Any person wishing to make
18 application for temporary membership in a
class B club under this sub-
19 section (d)(3) shall present the temporary
duty orders to the club. Tem-
20 porary membership issued under this
subsection (d)(3) shall not be sub-
21 ject to the waiting period or fee
requirements of this section.
22 (4) Any class B
club may enter into a written agreement with a hotel
23 or RV resort whereby a guest who is
registered at the hotel or RV resort
24 and who is not a resident of the county in
which the club is located may
25 file application for temporary membership
in such club. The temporary
26 membership, if granted, shall be valid only
for the period of time that the
27 guest is a bona fide registered guest at
the hotel or RV resort and shall
28 not be subject to the waiting period or
dues requirement of this section.
29 A club may enter into a written agreement
with a hotel or RV resort
30 pursuant to this provision only if (A) the
hotel or RV resort is located in
31 the same county as the club, (B) there is
no class B club located on the
32 premises of the hotel or RV resort and (C)
no other club has entered into
33 a written agreement with the hotel or RV
resort pursuant to this section.
34 (5) Any class B
club located in a racetrack facility where races with
35 parimutuel wagering are conducted under the
Kansas parimutuel racing
36 act may establish rules whereby persons
attending such races may file an
37 application for temporary membership in
such club for the day such per-
38 son is attending such races, and such
temporary membership shall not be
39 subject to the waiting period or fee
requirement of this section.
40 (6) Any class
B club located on the premises of an Indian gaming
41 facility operated by a Native American
Indian tribe which has entered
42 into a gaming compact with the state of
Kansas pursuant to K.S.A. 46-
43 2302, and amendments thereto, may
establish rules whereby persons us-
3
1 ing such facility may file an
application for temporary membership in
2 such club for the day such person
is using such facility. Such temporary
3 membership shall not be subject to
the waiting period or fee requirement
4 of this section.
5 Sec. 2. K.S.A. 1999 Supp.
41-2641 is hereby repealed.
6 Sec. 3. This act
shall take effect and be in force from and after its
7 publication in the statute book.