Session of 2000
         
SENATE BILL No. 608
         
By Joint Committee on State-Tribal Relations
         
2-9
         

  9             AN  ACT concerning the club and drinking establishment act; relating to
10             class clubs; amending K.S.A. 1999 Supp. 41-2641 and repealing the
11             existing section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 41-2641 is hereby amended to read as
15       follows: 41-2641. (a) A license for a class B club shall allow the licensee
16       to offer for sale, sell and serve alcoholic liquor for consumption on the
17       licensed premises by members of such club and guests accompanying
18       them.
19             (b)  (1) Subject to the provisions of subsection (b)(2), any two or more
20       class A or class B clubs may permit, by an agreement filed with and
21       approved by the director, the members of each such club to have access
22       to all other clubs which are parties to such agreement. The privileges
23       extended to the visiting members of other clubs under such an agreement
24       shall be determined by the agreement and, if the agreement so provides,
25       any club which is a party to such agreement may sell, offer for sale and
26       serve, to any person who is a member of another club which is a party to
27       such agreement, alcoholic liquor for consumption on the licensed prem-
28       ises by such person and such person's family, and guests accompanying
29       them.
30             (2) A class B club may enter into a reciprocal agreement authorized
31       by subsection (b)(1) only if the class B club is a restaurant.
32             (c) Except as provided by subsection (d), an applicant for member-
33       ship in a class B club shall, before becoming a member of such club:
34             (1) Be screened by the club for good moral character;
35             (2) pay an annual membership fee of not less than $10; and
36             (3) wait for a period of 10 days after completion of the application
37       form and payment of the membership fee.
38             (d) Notwithstanding the membership fee and waiting period require-
39       ment of subsection (c):
40             (1) Any class B club located on the premises of a hotel or RV resort
41       may establish rules whereby a guest, who registered at the hotel or RV
42       resort and who is not a resident of the county in which the club is located,
43       may file application for temporary membership in such club. The mem-


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  1       bership, if granted, shall be valid only for the period of time that the guest
  2       is a bona fide registered guest at the hotel or RV resort and such tem-
  3       porary membership shall not be subject to the waiting period or fee re-
  4       quirement of this section.
  5             (2) Any class B club located on property which is owned or operated
  6       by a municipal airport authority and upon which consumption of alcoholic
  7       liquor is authorized by law may establish rules whereby an air traveler
  8       who is a holder of a current airline ticket may file application for tem-
  9       porary membership in such club for the day such air traveler's ticket is
10       valid, and such temporary membership shall not be subject to the waiting
11       period or fee requirement of this section.
12             (3) Any class B club may establish rules whereby military personnel
13       of the armed forces of the United States on temporary duty and housed
14       at or near any military installation located within the exterior boundaries
15       of the state of Kansas may file application for temporary membership in
16       such club. The membership, if granted, shall be valid only for the period
17       of the training, not to exceed 20 weeks. Any person wishing to make
18       application for temporary membership in a class B club under this sub-
19       section (d)(3) shall present the temporary duty orders to the club. Tem-
20       porary membership issued under this subsection (d)(3) shall not be sub-
21       ject to the waiting period or fee requirements of this section.
22             (4) Any class B club may enter into a written agreement with a hotel
23       or RV resort whereby a guest who is registered at the hotel or RV resort
24       and who is not a resident of the county in which the club is located may
25       file application for temporary membership in such club. The temporary
26       membership, if granted, shall be valid only for the period of time that the
27       guest is a bona fide registered guest at the hotel or RV resort and shall
28       not be subject to the waiting period or dues requirement of this section.
29       A club may enter into a written agreement with a hotel or RV resort
30       pursuant to this provision only if (A) the hotel or RV resort is located in
31       the same county as the club, (B) there is no class B club located on the
32       premises of the hotel or RV resort and (C) no other club has entered into
33       a written agreement with the hotel or RV resort pursuant to this section.
34             (5) Any class B club located in a racetrack facility where races with
35       parimutuel wagering are conducted under the Kansas parimutuel racing
36       act may establish rules whereby persons attending such races may file an
37       application for temporary membership in such club for the day such per-
38       son is attending such races, and such temporary membership shall not be
39       subject to the waiting period or fee requirement of this section.
40             (6) Any class B club located on the premises of an Indian gaming
41       facility operated by a Native American Indian tribe which has entered
42       into a gaming compact with the state of Kansas pursuant to K.S.A. 46-
43       2302, and amendments thereto, may establish rules whereby persons us-


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  1       ing such facility may file an application for temporary membership in
  2       such club for the day such person is using such facility. Such temporary
  3       membership shall not be subject to the waiting period or fee requirement
  4       of this section. 
  5       Sec.  2. K.S.A. 1999 Supp. 41-2641 is hereby repealed.
  6        Sec.  3. This act shall take effect and be in force from and after its
  7       publication in the statute book.