AGO 1989-036.

• Case Date: March 28, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-036. March 28, 1989ATTORNEY GENERAL OPINION NO. 89-36Tom Hanna Director Alcoholic Beverage Control Division 512 S.W. 6th Street, 2nd Floor Topeka, Kansas 66603 Re: Intoxicating Liquors and Beverages--Licensure and Regulation of Sale of Liquor by the Drink--Qualifications for License; Municipal CorporationsConstitution of the State of Kansas--Corporations--Cities' Powers of Home Rule Synopsis: The City of Salina, as a municipal corporation, is not specifically precluded from obtaining a license to operate a drinking establishment as long as it is otherwise qualified and meets relevant requirements. The City may only hold such license to further a public purpose, such as operating the concession at the Bicentennial Center. Cited herein: K.S.A. 17-6004; K.S.A. 1988 Supp. 41-2608; 41-2613; 41-2619; 41-2622; 41-2625; Kan. Const., Art. 12, s5; K.A.R. 14-21-2. * * * Dear Director Hanna: You have requested our opinion regarding whether the City of Salina may hold a drinking establishment license. You advise that the club and drinking establishment act, K.S.A. 41-2601 et seq., contemplates issuance of licenses to corporations in general, but question the appropriateness of issuing a corporate license to a city in its capacity as a municipal corporation. References to corporate applicants in the club and drinking establishment act, while apparently geared toward corporations organized under the general corporation code, K.S.A. 17-6001 et seq., do not specifically or by operation preclude the issuance of such a license to a municipal corporation. Thus, as long as the City of Salina can meet statutory qualifications and requirements, the act itself does not preclude the city from holding a drinking establishment license. In this regard, the question has arisen whether a city can comply with the requirements of K.S.A. 1988 Supp. 41-2625 which provides in part:

"(a) No corporation shall be issued a license as a club, drinking establishment or caterer unless such corporation first appoints a citizen of the United States, and resident of Kansas, as its agent and files with the director a duly authenticated copy of a duly executed power of attorney authorizing such agent to: (1) Accept service of process from the director and the courts of this state; and (2) exercise full authority of

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