41-2629. Class B club, drinking establishment or caterer's license; nature of; term; transfer limited; refund of fees.

41-2629

Chapter 41.--INTOXICATING LIQUORS AND BEVERAGES
Article 26.--LICENSURE AND REGULATION OF SALE OF LIQUOR BY THE DRINK

      41-2629.   Class B club, drinking establishment or caterer's license;nature of; term; transfer limited;refund of fees.A class B club license, drinking establishment license orcaterer's licenseshall be purely a personal privilege, good fornot to exceed one year after issuance unless sooner suspended or revokedas provided in this act and shall not constitute property, nor shall itbe subject to attachment, garnishment or execution, nor shall it bealienable or transferable, voluntarily or involuntarily, or subject tobeing encumbered or hypothecated. A class B clublicense, drinking establishment license or caterer's license shall notdescend by the laws of testate or intestate devolution but shallcease or expire upon the death of the licensee subject to the followingprovision. An executor, administrator or representative of the estate ofany deceased holder of a class B club, drinkingestablishment or caterer's license or thetrustee of any insolvent or bankruptclass B club, drinking establishment orcaterer's license may continue thelicensee's business under order of the appropriate court and may exercise the privilegeof the deceased, insolvent or bankrupt licensee after the death of suchlicensee or after such insolvency or bankruptcy until the expiration ofsuch license, but in no case longer than one year after the death, insolvencyor bankruptcy of such licensee. A refund shall be madeof that portion of the license fee paid for any period in which thelicensee shall be prevented from operating under such license inaccordance with the provisions of this act, other than that caused bysuspension or revocation. The secretary shall adopt, inaccordance with K.S.A. 41-210 and amendmentsthereto, rules and regulationsproviding for the authorization of refunds of the license fees paid forany period in which the licensee does not use such license beingcanceled upon the request of the licensee and forvoluntary reasons.

      History:   L. 1965, ch. 316, § 29; L. 1977, ch. 169, § 2;L. 1985, ch. 170, § 21;L. 1987, ch. 182, § 80; April 30.