By Amelia Arvesen
KU Statehouse Wire Service
TOPEKA — Law enforcement officers who witness a liquor law violation would be required by a bill to provide written notice on the spot in order for state liquor regulators to prosecute.
House Bill 2088, which passed in the Federal and State Affairs Committee on Tuesday, would prevent licensees from denying an alleged liquor law violation.
In a June 2014 case, Kite’s Bar & Grill v. Kansas Department of Revenue, an officer offered a verbal notice after finding a minor in possession of alcohol at the restaurant. The liquor license was suspended until the court found the citation void because it wasn’t in writing.
The bill states a write up must include details about time and place, in addition to the name of the licensee. Discussion explored whether a signature of the employee who received the notice should be required and whether it would place too much burden upon the liquor license holder.
Dean Reynoldson, director of Alcoholic Beverage Control, said a signature shouldn’t be required because only in rare cases does the citation receiver not give the citation directly to the licensee.
“If an employee refused to sign, it may put the validity of the citation in jeopardy,” Reynoldson said.
As of right now, ABC cannot issue citations based on notices from local law enforcement, Reynoldson said.
In the bill’s hearing on Feb. 3, Jason P. Watkins representing the Kansas Restaurant and Hospitality Association, presented testimony opposing the bill saying it served little purpose beyond tax collecting.
“The KRHA is not opposed at all to ABC being allowed to issue fines and engage in administrative action against a licensee,” Watkins said in written testimony. “We are against such a soft enforcement mechanism which allows an undefined notice to a ‘licensee, a licensee’s agent, or an employee.’”
A copy of the officer’s citation would be sent to the director of ABC, who would then follow up in 30 days, keeping the establishment accountable.
In 2014, ABC issued 558 violations against liquor licensees. The annual average is between 550 and 650. Punishment includes suspending or revoking liquor licenses.
The committee passed several other alcohol-related bills that will be scheduled for a hearing before the full House this session.
• HB 2189 would increase the manufacturing cap of domestic beer from 30,000 to 60,000 barrels during one year. The bill would allow the licensee to sell beer directly to licensed beer distributors, retailers, public venues, clubs, holders of temporary permits, and caterers.
• HB 2089 would prohibit individuals discovered to have fraudulent liquor licenses from obtaining licenses in the future.
• HB 2125 would organize current ABC practices related to issuing liquor licenses to limited liability corporations and taking legal action against licensees for liquor law violations.
Amelia Arvesen is a University of Kansas senior from San Ramon, Calif. majoring in Journalism.