Legal Opinion

Attorney General Opinion No.

Kansas Attorney General Reports

Decided July 22, 2004Published

1Opinion of the Court

Barry L. Arbuckle Valley Center City Attorney 106 W. Douglas, Suite 923 Wichita, Kansas 67202

Dear Mr. Arbuckle:

As City Attorney for the City of Valley Center, a city of the second class, you inquire whether the City can charter out of the petition requirement in K.S.A. 41-302 which authorizes cities to present the question of licensing the retail sale of packaged alcoholic liquor to city electors upon submission of a valid petition.

The Director of Alcoholic Beverage Control is prohibited from issuing licenses to sell packaged alcoholic liquor within the corporate limits of a city of the first…

2Cases cited4 opinions

  1. City of Junction City v. GriffinSupreme Court of Kansas · 1980
  2. Blevins v. Board of Douglas County Comm'rsSupreme Court of Kansas · 1992
  3. Board of County Commissioners v. DavisSupreme Court of Kansas · 1916
  4. State ex rel. Aylward v. KernsSupreme Court of Kansas · 1972

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