Legal Opinion

Attorney General Opinion No.

Kansas Attorney General Reports

Decided June 19, 1996Published

1Opinion of the Court

Ken W. Strobel, City Attorney P.O. Box 39 Dodge City, Kansas 67801

Dear Mr. Strobel:

As city attorney you request our opinion concerning the validity of an ordinance that requires a retail liquor store license (in addition to the state license) which may then be suspended or revoked by the city for violation of a city ordinance prohibiting the sale of alcohol to minors.

A city ordinance should be permitted to stand unless an actual conflict exists between the ordinance and a statute, or unless the legislature has clearly preempted the field so as to preclude municipal action. McCarthyv. City of…

2Cases cited5 opinions

  1. Leavenworth Club Owners Assn. v. AtchisonSupreme Court of Kansas · 1971
  2. McCarthy v. City of LeawoodSupreme Court of Kansas · 1995
  3. Missouri Pacific Railroad v. Board of County CommissionersSupreme Court of Kansas · 1982
  4. Blue Star Supper Club, Inc. v. City of WichitaSupreme Court of Kansas · 1972
  5. Bauer v. City of OlatheSupreme Court of Kansas · 1995

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