Legislators study state’s control over Sunday liquor sales

? Legislators began their study of the state’s liquor laws, but they discovered Tuesday that the subject was deeper than just allowing Sunday alcohol sales.

The crux of the debate is whether the state’s liquor control act is reserved for enforcement at the state level and whether cities and counties have the authority to opt-out or use their home rule authority. Home rule is permitted on matters of government when the law is not uniform in its application.

Rep. Mike O’Neal, R-Hutchinson and vice chairman of the interim committee studying the matter, said when the Wyandotte County district judge ruled in favor of Sunday sales, he left many questions unanswered.

The judge ruled that officials in the Unified Government of Wyandotte County-Kansas City, Kan., and the city of Edwardsville were within their rights to charter out from the liquor control act in 2002. O’Neal said the court didn’t address which level of government had final authority under the act.

“The act has to be applicable to cities. If not, you never get down to the question of uniformity,” he said.

State attorneys have maintained that liquor control is a state issue and will continue that argument when an appeal of the Wyandotte County decision is heard in the Kansas Supreme Court, expected to occur later this year.

In the meantime, the number of Kansas cities approving Sunday liquor sales continues to grow. Currently, Lawrence, Leavenworth, Bonner Springs, Lansing, Leawood, Merriam, Mission, Overland Park, Prairie Village, Roeland Park, Shawnee and Topeka have approved sales.

Under state law, the city’s charter ordinance allowing liquor sales takes effect 60 days after passage by the Lawrence City Commission — unless a protest is filed to force the issue to a citywide vote.

No protest has been filed, and City Clerk Frank Reeb said Tuesday that the ordinance would take effect Sept. 25. That would make Sept. 28 the first day of Sunday sales in Lawrence.

Deputy Atty. Gen. Julene Miller said cities could go much further in loosening liquor laws if permitted by the Kansas Supreme Court.

“Cities could conceivably charter out of the sale to minors prohibition, thus altering the drinking age,” said Miller, adding that drunken driving or liquor taxes also would be vulnerable.