As Amended by House Commettee
         

          Session of 1998
                   
HOUSE BILL No. 2740
         
By Committee on Federal and State Affairs
         
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          10             AN ACT concerning intoxicating liquors; relating to sales by retailers;
11             amending K.S.A. 1997 Supp. 41-712 and repealing the existing section.
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13       Be it enacted by the Legislature of the State of Kansas:
14           New Section 1. (a) Sales of alcoholic liquor by retailers licensed un-
15       der the Kansas liquor control act shall be permitted on Memorial Day,
16       Independence Day, except when such day is a Sunday, and Labor
17       Day, between the hours of 1 p.m. and 11 p.m., in any county where, in
18       accordance with this section, the board of county commissioners by res-
19       olution has permitted such sales or where the qualified voters of the
20       county have voted to permit such sales.
21           (b) The board of county commissioners of any county, by resolution,
22       may permit sales provided for by subsection (a) within the county. Such
23       resolution shall be published once each week for two consecutive weeks
24       in the official county newspaper and shall take effect 60 days after final
25       publication unless within such time a valid petition if filed requesting
26       submission to the qualified voters of the county of a proposition to permit
27       the sales provided for by subsection (a).
28           (c) Whether or not a resolution is adopted under subsection (b), a A
29       petition may be filed at any time requesting submission to the qualified
30       voters of a county of a proposition to permit sales provided for by sub-
31       section (a) within the county.
32           (d) (c) To be valid, a petition provided for by this section shall be
33       filed with the county election officer of the county and shall be signed by
34       qualified voters of the county equal in number to not less than 5% 15%
35       of the qualified voters of the county who voted for all candidates for the
36       office of secretary of state at the last preceding general election at which
37       such office was elected. The following shall appear at the top of each page
38       of the petition: ``We request an election to determine whether sales of
39       alcoholic liquor shall be permitted on Memorial Day, Independence Day
40       and Labor Day in ________ county.''
41           (e) (d) Upon the filing of a valid petition under this section, the
42       county election officer shall cause the following proposition to be placed
43       on the ballot at the next countywide election which occurs more than 60

HB 2740--Am.

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  1       days after the petition is filed with the county election officer: ``Shall the
  2       sale of alcoholic liquor be permitted on Memorial Day, Independence
  3       Day and Labor Day in ________ county?''
  4           (f) (e) If a majority of the votes cast and counted at an election under
  5       this section is in favor of the proposition, sales of alcoholic liquor provided
  6       for the subsection (a) shall be permitted in the county.
  7           (g) (f) The election provided for by this section shall be conducted,
  8       and the votes counted and canvassed, in the manner provided by law for
  9       question submitted elections of the county.
10           Sec. 2. K.S.A. 1997 Supp. 41-712 is hereby amended to read as fol-
11       lows: 41-712. No person shall sell at retail any alcoholic liquor: (1) On
12       Sunday; (2) except as provided in section 1, and amendments thereto, on
13       Memorial Day, Independence Day or Labor Day; (3) on Thanksgiving
14       Day or Christmas Day; or (3) (4) before 9 a.m. or after 11 p.m. on any
15       day when the sale is permitted, except that the governing body of any
16       city by ordinance may require closing prior to 11 p.m., but such ordinance
17       shall not require closing prior to 8 p.m.
18           Sec. 3. K.S.A. 1997 Supp. 41-712 is hereby repealed.
19           Sec. 4. This act shall take effect and be in force from and after its
20       publication in the Kansas register.
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