Session of 1999
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.