Current through Register Vol. 43, No. 39, September 26, 2024
Each application for a class A club license shall be made upon
forms prepared by the director and shall contain all information the director
deems necessary. Any application which does not contain the required
information may be returned to the applicant without the application being
considered on its merits.
(a) General
requirements. Each application for a class A club license shall be accompanied
by the following documents and all other documents the director deems
necessary:
(1) A copy of a written lease,
with at least nine months remaining in its term from the date the license is
issued, or proof of ownership by the applicant of the premises sought to be
licensed;
(2) a copy of any
management or catering contract in force or a proposed management or catering
contract, if applicable;
(3) a
description of the club premises. The description may include those areas
outside the main service area that are in close proximity to the main service
area and are located upon property subject to legal occupation by the
applicant, as approved by the director. The description shall state the
location of the licensed premises, the approximate dimensions of the licensed
premises, enough detail to identify the licensed premises and a depiction of
the liquor storage area;
(4) a
certified statement from the applicant that the licensed premises are located:
(A) in an area where the zoning regulations
of either the city, township or county allow the operation of a club; or
(B) in an area where no zoning
regulations have been adopted;
(5) the registration fee in the form of a
certified check, cashier's check, money order or cash. Personal or business
checks shall not be accepted;
(6)
the license fee in the form of a certified check, cashier's check, money order
or cash. Personal or business checks shall not be accepted;
(7) a disclosure statement listing each
owner, officer, manager, trustee, director, stockholder owning in the aggregate
more than 5% of the common or preferred stock, grantor or beneficiary, and the
spouses of each of these individuals. The disclosure statement shall certify
that all the individuals listed are not disqualified from obtaining a club
license as provided in K.A.R. 14-19-16; and
(8) a disclosure statement listing all
personnel who will be mixing or dispensing alcoholic liquor.
(b) Corporations. In addition to
the documents required by subsection (a), each application on behalf of a
corporation shall include:
(1) a certified
copy of the articles of incorporation as a Kansas domestic not-for-profit
corpora-tion;
(2) a copy of the
corporate bylaws; and
(3) an
appointment of process agent together with a power of attorney authorizing that
agent to conduct the business of the club and receive all service of process on
behalf of the club. The process agent shall be an individual.
(c) Business trusts or
associations. In addition to the documents required by subsection (a), each
application on behalf of an unincorporated business trust or association shall
include a copy of the constitution, articles of association, declaration of
trust, or other documents setting forth the aims and purposes of the business
trust or association, setting forth the membership requirements and declaring
the county in which the business trust or association is to be located.
(d) Partnerships. In addition to
the documents required by subsection (a), each application on behalf of a
partnership shall include a copy of the partnership agreement.
