Sunday beer sales not on tap for county
Current state statute does not allow 3.2 packaged beer sales on Sundays
Staff reporter
The subject of allowing businesses to sell packaged beer on Sundays again is in the laps of Marion County Commission, and the commission wants to hear from the public.
Following Monday's commission meeting, further investigation determined there is no decision to be made.
According to KSA 41-2704, the board of county commissioners or governing body of any city does not have the authority to allow Sunday 3.2 packaged beer sales.
The sale of packaged 3.2 beer on Sundays is allowed if places of businesses have licenses to sell cereal malt beverages for consumption on the premises, have more than 30 percent of gross receipts from the sale of food for consumption on the premises, and is located in a county where the sales on Sunday have been authorized by resolution of the board of county commissioners.
Warren Kreutziger, owner of Canada Bait & Tackle, asked the commission Monday to consider the change in the law to allow him to sell beer on Sundays.
Kreutziger's business is located near Marion Reservoir and many of his customers are those from out-of-county.
"The counties around here don't offer that," Kreutziger said. "I think we can all benefit from it."
Wyandotte and Shawnee counties recently adopted resolutions to allow liquor stores to be open on Sundays, which appears to be a separate issue from the sale of cereal malt beverages on Sundays.
Tom Groneman of Kansas Department of Revenue, division of alcohol beverage control confirmed the findings.
"Cereal malt beverage licensing has been determined by the state to be uniform," Groneman said. "Therefore, a county or city cannot charter out from under the state act."
The previous commission of Leroy Wetta, Howard Collett, and Bob Hein had denied Kreutziger's request.
County attorney Susan Robson said she knows of a court case pertaining to liquor stores being open on Sundays but was not sure how it would affect Sunday sales of cereal malt beverages.
"The county supported liquor by-the-drink," Kreutziger said. He added he has not heard any negative comments about his request.
The issue will be discussed again at 1 p.m. Feb. 7.
