Alcohol Sales: Allowing Sunday Sales

CHARTER RESOLUTION NO. 2003-3

 

A CHARTER RESOLUTION EXEMPTING THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS, FROM THE PROVISIONS OF K.S.A. 41-712, PROHIBITING ALCOHOLIC LIQUOR SALE ON SUNDAY AND CERTAIN HOLIDAYS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT ALLOWING ALCOHOLIC LIQUOR SALES ON SUNDAY AND ON HOLIDAYS

 

WHEREAS, K.S.A. 41-712 is part of an enactment commonly known as the Kansas Liquor Control Act, as enacted in Chapter 242 of the Sessions Laws of 1949, which enactment prohibits alcoholic liquor sales on Sunday and certain holidays.

WHEREAS, The Kansas Liquor Control Act has been determined to be non-uniform in its application to cities by the District Court of Wyandotte County, Kansas in State of Kansas Ex rel. Kline V. The Unified Board of Commissioners of the Unified Government of Wyandotte County/Kansas City, Kansas, Case no. 277 Kan. 516 (2004)

WHEREAS, The Kansas Liquor Control Act is also non-uniform in its application to counties because K.S.A. 41-304 differentiates between counties having townships with populations of more than 5,000 and counties only having townships of 5,000 or less.

NOW, THEREFORE, The Board of County Commissioners of the County of Shawnee, Kansas, meeting in regular session this 21st day of July, 2003, and intending to exercise its powers of charter home rule pursuant to K.S.A.19-101b, does hereby resolve as follows:

 

  1. The following is hereby substituted for the provisions of K.S.A. 41-712, as amended:

Sale at retail; hours of sale.  No person shall sell at retail any alcoholic liquor:

(1)    before 9:00 a.m. or after 11:00 p.m. Monday through Saturday; or

(2)    before 12:00 noon or after 7:00 p.m. on Sunday.

  1. This resolution supersedes any other resolution in conflict herewith.
  2. This Charter resolution shall be published once each week for two consecutive weeks in the official County newspaper and shall become effective according to the terms of K.S.A. 19-101b. If this Charter Resolution is not approved by all of the County Commissioners, it shall be submitted to a vote of the people pursuant to K.S.A. 19-101B. If this Charter Resolution is approved by all of the County Commissioners, it shall be subject to a referendum, if within sixty (60) days of the final publication, two percent (2%) of the number of electors who voted at the last preceding November general election shall sign a petition requesting that this Charter Resolution be submitted to a referendum and approved by the electors. An election, if called shall be called within thirty (30) days and held within ninety (90) days after the filing of the petition.

 

BOARD OF COUNTY COMMISSIONERS

SHAWNEE COUNTY, KANSAS

 

SEAL,

ATTEST: Cynthia A. Beck, County Clerk