Session of 1999
HOUSE BILL No. 2512
By Committee on Federal and State Affairs
9 AN ACT concerning intoxicating liquors; relating to sales by retailers;
10 amending K.S.A. 1998 Supp. 41-712 and repealing the existing section.
12 Be it enacted by the Legislature of the State of Kansas:
13 New Section 1. (a) Sales of alcoholic liquor by retailers licensed un-
14 der the Kansas liquor control act shall be permitted on Memorial Day,
15 Independence Day and Labor Day, between the hours of 1 p.m. and 11
16 p.m., in any county where, in accordance with this section, the board of
17 county commissioners by resolution has permitted such sales or where
18 the qualified voters of the county have voted to permit such sales.
19 (b) (1) The board of county commissioners of any county, by reso-
20 lution, may permit sales as provided by subsection (a) within the county.
21 Such resolution shall be published at least once each week for two con-
22 secutive weeks in the official county newspaper. Such resolution shall take
23 effect 60 days following the date of the last publication unless within such
24 time a valid petition is filed with the county election officer requesting
25 the submission of the proposition to the qualified voters of the county.
26 (2) An election on the proposition to permit sales as provided by
27 subsection (a) may be initiated by the filing of a valid petition requesting
28 an election to be called for the submission of such proposition to the
29 qualified voters of a county.
30 (c) No petition shall be valid unless signed by qualified voters of the
31 county equal in number to not less than 5% of the qualified voters of the
32 county who voted for all candidates for the office of secretary of state at
33 the last preceding general election at which such office was elected. The
34 following shall appear at the top of each page of the petition:
35 "We request an election to determine whether sales of alcoholic liquor
36 shall be permitted on Memorial Day, Independence Day and Labor Day
37 in ________ county."
38 (d) Upon the filing of a valid petition, the county election officer shall
39 cause the following proposition to be placed on the ballot at the next
40 countywide election which occurs more than 60 days after the date the
41 petition is filed:
42 "Shall the sale of alcoholic liquor be permitted on Memorial Day, In-
43 dependence Day and Labor Day in ________ county?"
44 (e) If a majority of the voters voting at such election vote in favor of
45 the proposition, sales of alcoholic liquor as provided by subsection (a)
46 shall be permitted in the county.
47 (f) The election provided for by this section shall be conducted, and
48 the votes counted and canvassed, in the manner provided by law for
49 question submitted elections of the county.
50 Sec. 2. K.S.A. 1998 Supp. 41-712 is hereby amended to read as fol-
51 lows: 41-712. Except as provided by section 1, and amendments thereto,
52 no person shall sell at retail any alcoholic liquor: (1) On Sunday; (2) on
53 Memorial Day, Independence Day or Labor Day; (3) on Thanksgiving
54 Day or Christmas Day; or
(3) (4) before 9 a.m. or after 11 p.m. on any
55 day when the sale is permitted, except that the governing body of any
56 city by ordinance may require closing prior to 11 p.m., but such ordinance
57 shall not require closing prior to 8 p.m.
58 Sec. 3. K.S.A. 1998 Supp. 41-712 is hereby repealed.
59 Sec. 4. This act shall take effect and be in force from and after its
60 publication in the Kansas register.