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Minutes for HB2239 - Committee on Local Government

Short Title

Liquor sales by licensees in common consumption areas.

Minutes Content for Mon, Feb 18, 2019

Hearing on: HB2239 - Liquor sales by licensees in common consumption areas.

The Chair opened the hearing on HB2239.

Mr. Heim provided a history of the legislation, 2017 Substitute for HB 2277, that enabled  cities and counties to create common consumption areas (CCA) for the sale and consumption of liquor;. Mr. Heim explained HB 2239 would allow an establishment participating in a CCA to establish a non-contiguous service area within the CCA for sale and consumption of alcohol.  Responding to a question, he replied that multiple vendors would be allowed in the area.

Mike Nolan, Assistant to the City Manager, City of Lenexa, testified in support of the bill (Attachment 3).  He stated that the City has numerous events throughout the year with two restaurants that serve alcohol.  The bill will allow a satellite area within the same building.   Responding to questions, Mr. Nolan replied that the designated area allows minors, and he noted that there are currently five CCA’s in five different counties, but he does not believe the other CCA have multiple or daily events.

Trey Cocking, Deputy Director, Kansas League of Municipalities, spoke as a proponent (Attachment 4).  He said that the bill provides a slight update on the present statute.  Responding to a question, he replied that a 20-block area could qualify as a consumption area if all the streets were cordoned off.  It is the responsibility of local officials to apply for a permit.

Philip Bradley, CEO, Kansas Licensed Beverage Association, also spoke as a proponent (Attachment 5).  He noted that the area in Lenexa is unique in that the building contains two floors; the bill will make is simpler for patrons to move about the building. 

Debbi Beavers, Director, Alcoholic Beverage Control, testified as neutral (Attachment 5).  She recommended that cities or counties check their resolution or ordinance to ensure that sales by the licensees are authorized in the permitted area, and she suggested the bill to include language so that the approval from the common-consumption area permit holder be kept on the licensed premises and be available for inspection.  Responding to a question, Ms. Beavers replied that a city or county or another entity may hold the permit.

The Chair closed the hearing on HB2239 and requested Revisor staff to prepare the recommended amendment for the Committee meeting on Wednesday, February 20.

The meeting was adjourned at 9:33 a.m.  The next meeting is scheduled for 9:00 a.m. on Wednesday, February 20.