K.S.A. » Chapter 41
Kansas Statutes Annotated

K.S.A. § 41-904 (2026)

Violation by agent or employee of licensee; deemed act of licensee, when

✓ current as of May 2026
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41-904. Violation by agent or employee of licensee; deemed act of licensee, when. Every act or omission of whatsoever nature constituting a violation of any of the provisions of this act, by any officer, director, manager or other agent or employee of any licensee, if such act is committed or omission is made with the authorization, knowledge or approval of the licensee, shall be deemed and held to be the act of such employer or licensee, and such employer or licensee shall be punishable in the same manner as if such act or omission had been done or omitted by him personally.

History: L. 1949, ch. 242, § 99; March 9.

CASE ANNOTATIONS

1. Section applies only to criminal prosecutions; responsibility rule for licensee upheld. Chambers v. Herrick, 172 Kan. 510, 515, 516, 518, 519, 241 P.2d 748.

2. To sustain vicarious criminal liability of club owner for violation by employees, showing of authorization, knowledge or approval of owner required. State v. Sleeth, 8 Kan. App. 2d 652, 655, 657, 658, 664 P.2d 883 (1983).


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Notes of Decisions
Cited in 3 cases, 1952–1993 · leading case: Chambers v. Herrick, 241 P.2d 748 (Kan. 1952).
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Chambers v. Herrick, 241 P.2d 748 (Kan. 1952). · cites it 8× “And neither do we see any application of section 41-904, supra, to the question before us.”
State v. Sleeth, 664 P.2d 883 (Kan. Ct. App. 1983). · cites it 8× “41-2615 is neither purely penal in nature, nor purely regulatory, but is a hybrid of the two. The first full sentence of the statute prohibits the commission of certain acts by minors and of the commission of other acts by licensed clubs.”
State v. JC Sports Bar, Inc., 861 P.2d 1334 (Kan. 1993). “In view of the result reached, it is not necessary that we consider the other arguments of the defendants, including the effect, if any, of K.S.A. 41-904 on the statute under consideration.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.