12
Friday, October 27,1978
University Daily Kansan
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Good through Sunday, October 29, 1978.
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The Kansas Supreme Court today is scheduled to review the constitutionality of the proposed liquor-by-the-drink law passed by the Kansas legislature last spring.
Court to review liquor question
The constitutionality of the proposed law has been questioned by some state officials, who say the law would violate a 1949 law that bans open saloons in Kansas.
Under the proposed law, counties can choose whether to allow liquor-by-the-drink in restaurants that earn at least 50 percent of their income from food sales.
Other state officials, however, say
CURT SCHNEIDER, Kansas attorney general, is the plaintiff in the case against Thomas Kennedy, director of the state Alcoholic Beverage Control.
restaurants would not be open saloons, because a customer would have to buy a meal.
Schneider will be represented by John Martin, assistant attorney general. Kennedy will be represented by Ben Neill of the state Department of Revenue.
Schneider submitted a brief to the Supreme Court that said the proposed law
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--was unconstitutional because it violated the state's open saloon law.
Since a operation is required to open saloon was an establishment that sold liquor on the
Martin said the liquor pool system in Kansas did not violate the law. The idea behind a liquor pool is the common ownership of a club's liquor by customers who buy a liquor card, not the unrestricted sale of liquor, he said.
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NEILI'S BRIEF said the proposed law was constitutional. Legislators can define the meaning of the term "open saloon," the brief said.
Forty-five of Kansas' 105 counties have the liquor-by-the-drink issue on the Nov. 7 ballot.
According to state officials, the court wants to review the issue now so that prospective restaurant or motel owners would not invest money needlessly in case the proposed law is found to be unconstitutional.
The University of Kansas William Inge Theatre Series
Presents
the English-Language Premiere of Victor Rozov's drama
IF THE COURT does not make a decision until after the election, Schneider might ask the court for an injunction against issuing license licenses until the Court announces its own
FROM EVENING TO MIDDAY
Usually a court's decision is made public a month after the case is heard, but a spokesman for the court said the justices could release their decision earlier.
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