Kansas Statutes Annotated

K.S.A. § 41-301 (2026)

Retailer's license, premises within city

✓ current as of May 2026

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41-301. Retailer's license, premises within city. (a) Except as provided by subsection (b), the director shall issue to qualified applicants, who have filed the bond and paid the registration and license fees required by this act, licenses to sell at retail alcoholic liquor in the original package on premises within the corporate limits of cities and outside the corporate limits of any city.

(b) No retailer's license shall be issued for premises within a city if the governing body of such city, on or before February 15, 2006, adopts an ordinance prohibiting the licensing of the sale at retail of alcoholic liquor in the original package within such city. Upon adoption of such ordinance, the city clerk promptly shall transmit a copy of such ordinance to the director and the director shall refuse to issue licenses to sell at retail alcoholic liquor in the original package in such city. If the governing body adopts such an ordinance, the holder of any valid existing retailer's license for premises in such city shall have the right to continue to operate under such license for a period of 90 days after the effective date of the ordinance or until the expiration of such license, whichever period of time is shorter. If such period of time expires before the expiration of the term for which the retailer's license was issued, the licensee shall be entitled to a refund of the license fee for the unexpired portion of the license period which remains, in accordance with rules and regulations adopted by the secretary.

(c) No retailer's license shall be issued for premises within a city if, after November 15, 2005, a majority of the qualified voters of such city voting at an election held as provided by K.S.A. 41-302, and amendments thereto, votes against the licensing of the sale at retail of alcoholic liquor in the original package within such city unless, at a subsequent election, a majority of the qualified voters of such city voting at such election votes in favor of the licensing of the sale at retail of alcoholic liquor in the original package within such city.

History: L. 1949, ch. 242, § 17; L. 2005, ch. 201, § 3; November 15.

Notes of Decisions

Cited in 3 cases, 1985–2004 · leading case: State Ex Rel. Kline v. Bd. of Comm'rs of Unified Gov't of Wyandotte Cty., 85 P.3d 1237 (Kan. 2004).

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State Ex Rel. Kline v. Bd. of Comm'rs of Unified Gov't of Wyandotte Cty., 85 P.3d 1237 (Kan. 2004). “" The district court concluded that at least three sections of the Liquor Control Act do not apply uniformly to all cities: "K.S.A. 41-301 differentiates between cities of the first and second class on the one hand and cities of the third class on the other as to who will be…”

State ex rel. Kline v. Unified Bd. of Commissioners, 85 P.3d 1237 (Kan. 2004). “” The district court concluded that at least three sections of the Liquor Control Act do not apply uniformly to all cities: “K.S.A. 41-301 differentiates between cities of the first and second class on the one hand and cities of the third class on the other as to who will be…”

Cellarmaster Wines of Missouri, Inc. v. Kennedy, 603 F. Supp. 793 (D. Kan. 1985). “41-104, K.S.A. 41-301, K.S.A. 41-308 and K.S.A. 41-901; that Cellarmaster was selling untaxed liquor in violation of K.”

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