Willcott v. Murphy

The opinion of the court was delivered by

Kaul, J.:

Plaintiff-appellant, a retail liquor dealer, licensed under the Kansas Liquor Control Act (K. S. A. 41-101, et seq.), instituted this action to obtain a declaratory judgment determining the validity of a memorandum issued by the State Director of Alcoholic Beverage Control.

The controversy concerns the sale of beer as an alcoholic beverage, defined in K. S. A. 41-102 (now 1969 Supp.), as distinguished from a cereal malt beverage (K. S. A. 41-2701 [e]).

On March 31, 1966, the Director of Alcoholic Beverage Control (hereafter referred to as the…