University Daily Kansan
Friday, April 21, 1978
11
Legality of liquor law is left up to courts
By SAM VAN LEEUWEN
Staff Writer
Before most Lawrence restaurants begin plans to serve liquor with meals, the constitutionality of a recently added liquor-by-the-drink will have to be considered. A local restaurant managers and owners said recently.
Opponents of the bill have promised a court fight over its constitutionality and Curt Schneider, Kansas attorney general, added fuel to that opposition by saying he said that the bill appeared to be unconstitutional.
Gene Durham, manager of the Campus Hideway,
106 West N. Park St., said yesterday that he would apply for a license to sell liquor by the drink when the bill became law.
But Durham said he was not sure whether he was willing to get in the middle of the constitutional issue. Opponents of the bill have charged that it violates the Kansas Constitution, which bans oen saloons.
Under the terms of the bill, restaurants that derive more than 50 percent of their income from food sales must use a food tax.
"THE FIRST RESTAURANTS to sell liquor by the drink, probably be less trained." Durbam said. "I don't want them."
The bill might pass a constitutional test, Schneider said, if it were amended to guarantee that drinks would be served only with meals. When the bill was passed, a public session, such an amendment could be added to the bill.
The Hideaway currently sells 3.2 percent beer, but Durham said he would like to sell wine to complement it.
A constitutional battle in the courts would be an expensive endeavor for someone to undertake, according to Todd Murdrew, co-owner of the Cornucapia Inc. and a partner at St. St., and the Virginia In Corncupia, 2009 W. Sixth St.
"WHOEVER IS GOING to be the test case is going
Murrell said he would like to add liquor to the Cormucopia's menu. The Virginia is currently set to open next week.
to have to put out a lot of bucks. "Murrell said. 'I'm certainn’t going to go for it.'"
When and if the bill becomes law, several managers of private clubs that sell food, including Murrell, said that they would drop their membership requirements.
Eliminating the membership requirement will mean a 50 percent increase in business for Russell's East, 3400 W. Sixth St., according to Scott Russell, assistant manager of the restaurant.
"There are a lot of people who come from out of town, but they don't want to buy a membership." Russell said. Currently, a $15 membership fee and a 10-day waiting period are required to drink in Russell's East. The restaurant also has a section for non-members.
RUSSELL SAID he wasn't worried about competition from other restaurants that were willing to sell liquor by the drink.
"Competition is best for business," he said.
According to Bill Wilkins, part owner and manager of the Eldridge House Dining Room and Club, Seventh and Massachusetts streets, the membership requirement will be dropped there also.
Although Wilkins admits there will be more competition, he said he expected his business to improve.
"The competition will be stiff, so you can't sit back on your laurels," he said.
"There are a number of people who don't want to pay the membership fee," Wilkins said, "so then they can come in at their leisure without worrying about being a member."
The increased availability of liquor by the drink will not hurt the business currently being enjoyed at one local private drinking establishment, according to Harry, "Skim" Moon.
MOON, OWNER OF the Seventh Spirit, 644
Massachusetts St., said Wednesday that his club was mostly a late-night entertainment bar.
"The bulk of our business is from 10 o'clock on," he said. "People come here to northey, not to eat."
At least one restaurant manager who doesn't plan to sell liquor by the drink said his business would benefit from a menu that featured
"Our competition will decrease if other family restaurants start selling liquor by the drink," he said.
Ron Guffey, manager and part owner of the Western Sizzlin' Steak House, 2530 Iowa St., said that his restaurant would not sell liquor by the drink because it catered to a family clientele.
GODFATHER'S PIZZA, 711 W. 32rd St., also not sell liquor by the drink, according to its manager, Ken Rawlings. Godfather's currently sells 3.2 percent of sales and soft drinks sold four times better than beer.
Rawlings said that a lot of teenagers ate at Godfathers, making liquor by the drink sales impractical.
Temperance debate .
From page one
Whitaker, too denied the Legislature takes advantage of your absence to shrewdly attack you.
"WE DIDN'T EVEN KNOW Taylor was out of town," he said. "I hadn't seen him and I didn't know where he was. Even his good friends in the Legislature didn'k know."
One of Taylor's friends in the Legislature, Whitaker said, is State Rep. Lynn Whiteside, R-Wichita. Whiteside, who describes himself as "opposed to any extension of his term in Kansas," said that Taylor could have done nothing to prevent the bill's passage.
"Nobody expected it," he said. "This was well planned and tacked on a rather inexpensive way."
Whiteside and Taylor said they thought the bill would open the door to the open saloon, although according to the Kansas law, the open saloon is "forever prohibited."
Proponents of the measure dispute this claim, say you have simply created a new definition class *Blk* by
"ALL WE HAVE DONE is modify the statutory definition, Cooper said, 'and that means you are not complying.'
Liquor issue stalled
TOPEKA (AP)—It may be sometime before anyone can go into a restaurant in this state and purchase an alcoholic beverage to drink with or without a meal.
Gov. Robert F. Bennett expressed doubts about the constitutionality of the bills earlier when he let them become law without his signature.
SCHNEIDER SAID constitutional problems with the legislation might be helped if it were amended so that liquor could be sold in a restaurant only in closed shops.
Attorney General Curt Schneider said Wednesday that he was advising the Kansas Alcoholic Beverage Control Division director against issuing any licenses for restaurants to serve alcoholic beverages under state laws as they now stand.
But the attorney general said it appeared the legislation was unconstitutional in its purposes.
He said issuance of a license by the Accreditation control director under the Accreditation Board is an official act.
THE 1978 KANSAS Legislature passed bills intended to legalize the sale of alcoholic liquor in establishments when it was not served with receipts. It was an attempt to say by definition that such restaurants did not come under the "Constitutional ban on the "open saloon."
National SUN-DAY Activities May 2 and 3 Help needed--843-9808 Watch for further information
The attorney general said some supporters of the legislation had sought to
Nobody is questioning the constitution—this is simply a redefinition."
Whitaker said that restaurants in which liquor by the drink was served would still be governed by all other Kansas laws that regulate alcoholic beverages and alcohol. The exception would be that a diner would no longer have to pay a membership fee, wait 10 days or join a lounge杯, as in a naughty restaurant.
"IN FACT, BOTH THE president and vice
president of the organization are strong
leaders."
Because he also is an executive employed by the Kansas Restaurant Association, he is a member of the Knoxville Chamber.
Whitaker said he did not think that the law would force restaurant owners to serve aliens.
Open 11 a.m.
to 10 p.m.
in the legislative debate. However, the association has traditionally taken no stand in lobbying for or against liquor by the drink.
11 W. 9th Now Open
justify the bill as merely permitting the sale of alcoholic liquor in conjunction with meals or beverages.
Whiteside, however, disputed Whitaker's assertion.
Serving Soft Natural
Frozen
Dessert Yogurt
"I'm not saying Whitaker's a liar," he
"SUCH CLAIMS grossly misrepresent the effect of the bill. Nothing in the bill would prohibit a class B restaurant license from erecting on licensed food service premises a room which was designed and equipped with adequate beverages to the public for consumption on the premises, independently of the sale or consumption of food."
SUMMER STUDY IN ENGLAND
Adam Smith University offers two sessions this summer, fully accredited in the US by Hills College, Michigan. Spend three weeks in Cambridge in July or three weeks in Oquagua in October—or both.
Study English, Economics & Business, History, Politics, Philosophy & the cost of registration and tuition is $30 per course, and accumulation full and all other charges are $40 at Cambridge $530 at Oxford
Interested in studying at Oxford or Cambridge toward your own degree? Send us the form below for full details.
interested in studying at Octane or Cambridge toward your degree? come as we invite you to visit us.
Taylor cited a 1965 decision-Tri-State Hotel vs. Londerhain-in which, he said, the Supreme Court defined liquor by the drink as an open saloon. Proponents of the measure, however, said they did not think the 1965 decision was applicable
Please send me full details of Adam Smith University's 1978 summer program in England.
Name Address College Year of study
ntended major
To: Adam Smith University, Hillsdale College, Hillsdale, MI. 49242
--said, "but this is too profitable for restaurant owners to oppose it."
One thing almost everyone agrees on is that the Kansas Supreme Court will be the arena for the final settlement of the question.
Paid for by Student Activity Fees
Good times are great times for the easy taste of
Budweiser