Current through Register Vol. 43, No. 39, September 26, 2024
Each application for a drinking establishment 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 all required
information may be returned to the applicant without the application being
considered on its merits.
(a) General
requirements. Each application for a drinking establishment 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
description of the drinking establishment premises, which shall clearly
identify the licensed premises. The description may include those areas outside
the main service area that are within close proximity to the main service area
and are located within or upon property subject to legal occupation by the
applicant, as approved by the director. If the applicant is also a hotel, the
applicant may include guest rooms, banquet rooms or other facilities as part of
its licensed premises. For the purpose of determining the fee to be paid by an
applicant which is also a hotel, the director shall consider the following:
(A) If the hotel describes its licensed
premises as a part of the hotel premises that is located on one level, within a
single building and contiguous, the license fee shall be $1,000.00 per year; or
(B) If the hotel describes its
licensed premises as more than the area described in paragraph (1) above, the
license fee shall be $3,000.00 per year;
(3) a certified statement from the applicant
that the licensed premises are located:
(A)
in an area where the zoning regulations of either the city, county or township
allow the operation of a drinking establishment; or
(B) in an area where no zoning regulations
have been adopted;
(4)
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;
(5) 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;
(6)
a disclosure statement listing each officer, manager, director, trustee,
grantor, beneficiary, owner, stockholder owning a beneficial interest in a
corporation, partner, and the spouses of these individuals. The disclosure
statement shall certify that all the individuals listed are not disqualified
from obtaining a drinking establishment license as provided in K.A.R. 14-21-3;
(7) a disclosure statement listing
all personnel who will be mixing or dispensing alcoholic liquor; and
(8) a statement of gross receipts showing the
ratio of food sales to alcoholic beverage sales is not less than 30%, when
applicable.
(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 for-profit corporation;
(2) a copy of the corporate bylaws; and
(3) an appointment of process
agent together with a power of attorney authorizing said agent to conduct the
business of the drinking establishment and receive all service of process on
behalf of the drinking establishment. The process agent shall be an individual.
(c) 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.
(d) Trusts. In addition to the
documents required by subsection (a), each application on behalf of a trust
shall include a copy of the declaration of trust or other documents setting
forth the aims and purposes of the trust.
