Kansas Statutes Annotated

K.S.A. § 41-2623 (2026)

Persons and entities ineligible for licensure

✓ current as of May 2026

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41-2623. Persons and entities ineligible for licensure. (a) No license shall be issued under the provisions of this act to:

(1) Any person described in K.S.A. 41-311(a)(1), (2), (4), (5), (6), (7), (8), (9), (12), (13) or (15), and amendments thereto, except that the provisions of K.S.A. 41-311(a)(7), and amendments thereto, shall not apply to nor prohibit the issuance of a license for a class A club to an officer of a post home of a congressionally chartered service or fraternal organization, or a benevolent association or society thereof.

(2) A person who has had the person's license revoked for cause under the provisions of this act.

(3) A person who has a beneficial interest in the manufacture, preparation or wholesaling or the retail sale of alcoholic liquor or cereal malt beverage or a beneficial interest in any other club, drinking establishment or caterer licensed hereunder, except that:

(A) A license for premises located in a hotel may be granted to a person who has a beneficial interest in one or more other clubs or drinking establishments licensed hereunder if such other clubs or establishments are located in hotels.

(B) A license for a club or drinking establishment that is a restaurant may be issued to a person who has a beneficial interest in other clubs or drinking establishments that are restaurants.

(C) A caterer's license may be issued to a person who has a beneficial interest in a club or drinking establishment and a license for a club or drinking establishment may be issued to a person who has a beneficial interest in a caterer.

(D) A license for a class A club may be granted to an organization of which an officer, director or board member is a distributor or retailer licensed under the liquor control act if such distributor or retailer sells no alcoholic liquor to such club.

(E) Any person who has a beneficial interest in a microbrewery, microdistillery or farm winery licensed pursuant to the Kansas liquor control act may be issued any or all of the following: (1) Class B club license; (2) drinking establishment license; and (3) caterer's license.

(F) Any person who has a beneficial interest in a manufacturer licensed pursuant to the Kansas liquor control act may be issued one drinking establishment license.

(4) A copartnership, unless all of the copartners are qualified to obtain a license.

(5) A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than 5% of the common or preferred stock of such corporation would be ineligible to receive a license hereunder for any reason other than citizenship requirements.

(6) A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than 5% of the common or preferred stock of such corporation, has been an officer, manager or director, or a stockholder owning in the aggregate more than 5% of the common or preferred stock, of a corporation that:

(A) Has had a license revoked under the provisions of the club and drinking establishment act; or

(B) has been convicted of a violation of the club and drinking establishment act or the cereal malt beverage laws of this state.

(7) A trust, if any grantor, beneficiary or trustee would be ineligible to receive a license under this act for any reason, except that the provisions of K.S.A. 41-311(a)(6), and amendments thereto, shall not apply in determining whether a beneficiary would be eligible for a license.

(b) No club or drinking establishment license shall be issued under the provisions of the club and drinking establishment act to a person who does not own the premises for which a license is sought, or does not, at the time the application is submitted, have a written lease thereon, except that an applicant seeking a license for a premises that is owned by a city or county, or is a stadium, arena, convention center, theater, museum, amphitheater or other similar premises may submit an executed agreement to provide alcoholic beverage services at the premises listed in the application in lieu of a lease.

History: L. 1965, ch. 316, § 23; L. 1969, ch. 245, § 1; L. 1978, ch. 186, § 7; L. 1985, ch. 170, § 32; L. 1987, ch. 182, § 75; L. 1992, ch. 201, § 6; L. 2001, ch. 189, § 4; L. 2007, ch. 178, § 1; L. 2010, ch. 142, § 16; L. 2012, ch. 144, § 39; L. 2015, ch. 82, § 7; L. 2021, ch. 107, § 25; May 27.

Notes of Decisions

Cited in 2 cases, 1998–2001 · leading case: Glazer's Wholesale Drug Co., Inc. v. Kansas, 145 F. Supp. 2d 1234 (D. Kan. 2001).

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Glazer's Wholesale Drug Co., Inc. v. Kansas, 145 F. Supp. 2d 1234 (D. Kan. 2001). · cites it 2× “1999); K.S.A. 41-2623 (emphasis added). B. Facts Related to Conducting Background Investigations The ABC has access to the Kansas Criminal Justice Information System (KCJIS) 7 , which contains criminal history information from the State of Kansas.”

DPR, INC. v. City of Pittsburg, 953 P.2d 231 (Kan. Ct. App. 1998). “We have examined the statutes in question and find nothing to indicate that the State intended to preempt the regulation of private clubs.”

— K.S.A. § 41-2623(a)(6) — 1 case

Glazer's Wholesale Drug Co., Inc. v. Kansas, 145 F. Supp. 2d 1234 (D. Kan. 2001). “1999); K.S.A. 41-2623 (emphasis added). B. Facts Related to Conducting Background Investigations The ABC has access to the Kansas Criminal Justice Information System (KCJIS) 7 , which contains criminal history information from the State of Kansas.”

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