State Ex Rel. Schneider v. Kennedy

The opinion of the court was delivered by

Schroeder, C.J.:

This is an original action in quo warranto brought by the attorney general challenging the authority of the Director of the Alcoholic Beverage Control Board to issue licenses to class B clubs where liquor may be sold and served in conjunction with the sale and consumption of food.

The issue in this case is whether the 1978 legislative amendments to K.S.A. 41-2601 et seq., and K.S.A. 41-803, authorize the maintenance of an “open saloon” in violation of article 15, section 10 of the Kansas constitution.

The 1978 Kansas legislature amended…