36-515. Violation of standards; denial, suspension, revocation or refusal to renew or modify license; violation of act declared to be misdemeanor; injunctive relief.

36-515

Chapter 36.--HOTELS, LODGINGHOUSES AND RESTAURANTS
Article 5.--FOOD SERVICE AND LODGING ESTABLISHMENTS

      36-515.   Violation of standards; denial, suspension,revocation or refusal to renew or modify license;violation of act declared to be misdemeanor; injunctive relief.(a) After notice and opportunity for a hearing in accordance with theprovisions of the Kansas administrative procedure act, thesecretary may deny, suspend, revoke, refuse to renew or modifythe license to operate a food service establishment, a lodgingestablishment or food vending machines if the licensee has:

      (1)   Failed to comply with the standards established pursuantto this act; or

      (2)   failed to comply with any provision or requirement ofthe Kansas food service and lodging act, and amendments thereto, orany rule or regulation adopted thereunder.

      (b)   Upon conviction, any person who violates any provision of this actshall be guilty of a class C misdemeanor, except that upon any subsequentconviction such person shall be guilty of a class B misdemeanor.

      (c)   The secretary may seek injunctive relief from the appropriate districtcourt to enjoin any operator of a food service establishment, lodgingestablishmentor food vending machine company from conducting business when such operatorhas failed to make application for or to obtain a license for such purposeas required by the food service and lodging act or when such license hasbeen suspended or revoked.

      History:   L. 1975, ch. 314, § 19; L. 1982, ch. 181, § 2;L. 2009, ch. 59, § 7; July 1.