Kite’s wins its case in the Kansas Court of Appeals

A reversal of fortunes for Kite’s Bar and Grill after being censured by the Alcoholic Beverage Control Division of the Kansas Department of Revenue (ABC).

The ABC suspended Kite’s liquor license for four weekend days due to a minor obtaining or possessing alcohol.  The citation stems from an alleged incident in December of 2010 after Riley County Police Department officer Neil Ramsey reported finding a young woman in possession of alcohol within the establishment.  On Friday morning the Court of Appeals of the State of Kansas reversed previous decisions on the matter, and ruled the suspension was invalid.

Ramsey said he informed a manager of the situation, but couldn’t recall the exact person he spoke to about the incident.  After the incident was filed the ABC held an evidentiary hearing and found Kite’s guilty of violating state statutes and ordered the temporary suspension of the liquor license.

Kite’s appealed the decision through the Riley County District Court system saying there was a violation of the citation procedure that made the suspension null and void.  Specifically the ABC is required to deliver a citation at the time of the violation, and then send a follow up copy of that citation in the mail in 30 days,  During the court proceedings the ABC argued that there were not enough resources to accomplish the citation on site, and the entire statute should be taken in context with the intent.
Riley County District Court Judge John F. Bosch denied the appeal by Kite’s on June 27, 2014.

However, the Kansas Court of Appeals found the suspension was invalid due to the lack of on site citation at the time of the violation as required by state statute which reads:

K.S.A. 41-106 “Any citation issued for a violation of the liquor control act or the club and drinking establishment act shall be delivered to the person allegedly committing the violation at the time of the alleged violation.  A copy of such citation also shall be delivered by the United States mail to the licensee within 30 days of the alleged violation.  If such a citation and copy are not so delivered, the citation shall be void and unenforceable.”