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41-210. Rules and regulations; procedure for adoption; powers of director. (a) The director shall propose such rules and regulations as necessary to carry out the intent and purposes of this act. After the hearing on a proposed rule and regulation has been held as required by law, the director shall submit the proposed rule and regulation to the secretary of revenue who, if the secretary approves it, shall adopt the rule and regulation.

(b) It is intended by this act that the director of alcoholic beverage control shall have broad discretionary powers to govern the traffic in alcoholic liquors and to enforce strictly all the provisions of this act in the interest of sanitation, purity of products, truthful representation and honest dealings in such manner as generally will promote the public health and welfare. All valid rules and regulations adopted under the provisions of this act shall be absolutely binding upon all licensees and enforceable by the director of alcoholic beverage control through the power of suspension or revocation of licenses.

History: L. 1949, ch. 242, § 15; L. 1965, ch. 506, § 23; L. 1972, ch. 342, § 119; L. 1985, ch. 170, § 2; L. 1987, ch. 182, § 10; July 1.

Cross References to Related Sections:

Authority to adopt rules and regulations, see 75-5120a.

Law Review and Bar Journal References:

"Wyatt Earp and the Winelist: Is a Restaurant an 'Open Saloon'?" Barkley Clark, 47 J.B.A.K. 63, 64 (1978).

Attorney General's Opinions:

Discrimination in sales, service or prices unlawful. 89-34.

Retail liquor dealer licensee's rights; "service" or "thing of value" defined. 91-72.

CASE ANNOTATIONS

1. Regulation adopted by director upheld; licensee held responsible for acts of employee. Chambers v. Herrick, 172 Kan. 510, 516, 518, 241 P.2d 748.

2. Regulation authorizing distributor to bottle and sell under his own label valid. State, ex rel., v. Murphy, 183 Kan. 698, 700, 701, 332 P.2d 533.

3. Cited in case holding liquor dealer not prohibited from storage of beer under conditions of controlled refrigeration. Willcott v. Murphy, 204 Kan. 640, 643, 645, 465 P.2d 959.

4. Considered and applied on appeal from license denial; director may not establish additional qualifications or restrictions. Cray v. Kennedy, 230 Kan. 663, 674, 675, 640 P.2d 1219 (1982).


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