41-901. Violations of act by persons required to be licensed; penalties; revocation of license; forfeiture and sale of liquor.
41-901
41-901. Violations of act by persons required to be licensed; penalties;revocation of license; forfeiture and sale of liquor.(a) No person shall manufacture, import for distribution as a distributorat wholesale or distribute or sell alcoholic liquor or cereal maltbeverage at any place withinthe state without having first obtained a valid licensetherefor under theprovisions of this act or under K.S.A. 41-2702 and amendments thereto. Noperson shall obtain a license to carry on thebusiness authorized by the license as agent for another, obtain a licenseby fraud or make any false statement or otherwise violate any of the provisionsof this act in obtaining any license hereunder. No personhaving obtained a license hereunder shall violate any of the provisionsof this act with respect to the manufacture, possession, distribution orsale of alcoholic liquor or cereal maltbeverage; or with respect to themaintenance of the licensed premises.
(b) Violation of subsection (a) shall be punishable as follows, exceptwhere other penalties are specifically provided by law:
(1) For a first offense, by a fine of not more than $500; and
(2) for a second or subsequent offense, by a fine of not more than $1,000or by imprisonment for not more than six months, or both.
(c) Each day any person engages in business as a manufacturer, distributor,microbrewery, farm winery or retailer in violation of the provisions of this act shallconstitute a separate offense.
(d) Any license obtained to carry on the business as agent for anotheror any license obtained by fraud or by false statements shall be revokedby the director. When a license has been revoked for obtaining a licenseto carry on the business authorized by the license as agent for another,or obtained a license by fraud or by any false statement, all alcoholicliquor in the possession of the person who procured the license shall beforfeited and sold and the proceeds of thesale shall be paid to the county treasurer of the county wherethe alcoholic liquor was located. During the pendencyof any appeal fromany order revoking a license, the director may obtain an order from thedistrict court of the countywhere the alcoholic liquor is located, restraining the sale or disposalof the alcoholic liquor. When an order revoking anylicense is issued by the director, the director shall forthwith forwardby registered mail a certified copy of the order revoking the license underthe seal of the director to the county attorney of the county where thealcoholic liquor is located.
Within 15 days after the order of revocation becomes final, the countyattorney shall institute, against the person who procured the license,a civil action under the code of civil procedurein the district court of the county in the name of the state of Kansas onthe relation of the county attorney to forfeit all alcoholic liquor. Summons shallbe served as provided by the code of civil procedure upon the person whoprocured the license. Upon the return day of the summons issued or as soonafter as convenient to the court, an order shall beentered by the court forfeiting the alcoholic liquor to thestate of Kansasand ordering it to be sold by the sheriff of the county inwhich the forfeitureoccurred. The order shall fix the time and place of sale and the methodand manner in which thesale shall be held, together with notice of the sale as the court directs.After payment of all costs of the action,including a reasonable fee for the county attorney, the balance remainingshall be paid to the state treasurer pursuant to K.S.A.20-2801 and amendments thereto.
History: L. 1949, ch. 242, § 96; L. 1953, ch. 238, § 8; L. 1973,ch. 106, § 8; L. 1978, ch. 105, § 13; L. 1983, ch. 161, § 20;L. 1987, ch. 182, § 57; Jan. 1, 1988.