41-803.
Open saloon; definition; prohibition.
(a) It shall be unlawful for any person to own, maintain, operate or conduct, either directly or indirectly, an open saloon.
(b) As used in this section, "open saloon" means any place, public or private, where alcoholic liquor is sold or offered or kept for sale by the drink or in any quantity of less than 100 milliliters (3.4 fluid ounces) or sold or offered or kept for sale for consumption on the premises where sold, but does not include any premises where the sale of liquor is authorized by the club and drinking establishment act or, on and after January 1, 1988, any manufacturer, microbrewery, microdistillery or farm winery, if authorized by K.S.A. 41-305, 41-308a, 41-308b or K.S.A. 41-354, and amendments thereto.
(c) Any violation of the provisions of this section is a misdemeanor punishable by a fine of not more than $500 and by imprisonment for not more than 90 days.
History:
L. 1949, ch. 242, § 92; L. 1978, ch. 187, § 2; L. 1978, ch. 189, § 13; L. 1979, ch. 152, § 4; L. 1986, ch. 185, § 6; L. 1987, ch. 182, § 56; L. 2012, ch. 144, § 30; July 1.
Notes of Decisions
State Ex Rel. Schneider v. Kennedy, 587 P.2d 844 (Kan. 1978).
· cites it 21× “, and K.S.A. 41-803, authorize the maintenance of an "open saloon" in violation of article 15, section 10 of the Kansas constitution.”
Nat'l R.R. Passenger Corp. v. Miller, 358 F. Supp. 1321 (D. Kan. 1973).
· cites it 6× “Murphy, Director of Alcoholic Beverage Control of the State of Kansas, boarded the train at Kansas City, Missouri, and rode in the lounge car to Newton, Kansas, where the train made a regularly scheduled stop, at which time defendant Vern Miller boarded the train, and he and…”
State v. Tague, 363 P.2d 454 (Kan. 1961).
· cites it 2× “Section 41-803 defines the misdemeanor of operating an “open saloon.”
State v. Larkin, 244 P.2d 686 (Kan. 1952).
· cites it 2× “Section 41-803 defines “open saloon” as prohibited by article 15, section 10 of the constitution and provides: “It shall be unlawful for any person to own, maintain, operate or conduct either directly or indirectly, an open saloon.”
State v. Thomas, 277 P.2d 577 (Kan. 1954).
· cites it 2× “There was an abundance of evidence that the defendant was in charge of the place of business and operating the same, and that he mixed the drinks and filled the bottles of liquor which were sold to one of the State’s witnesses.”
State Ex Rel. Schneider v. Kennedy, 586 P.2d 276 (Kan. 1978).
· cites it 2× “, and K.S.A. 41-803, authorize the maintenance of an “open saloon” in violation of Article 15, Section 10 of the Kansas Constitution.”
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