Legislation would increase state power to close clubs

Senator seeks immediate action for safety violations

? The state could close nightclubs, bars or other sites that violate state or local fire and safety codes under a bill before a Senate committee.

Testifying Wednesday before the Senate Federal and State Affairs Committee, Sen. Jim Barnett said his bill was a response to the February deaths of 21 people killed while fleeing a Chicago nightclub and of 98 people in a Rhode Island nightclub fire.

“What happened in Rhode Island could happen in our state. This bill is proactive in its intent,” said Barnett, R-Emporia, who serves on the committee.

The committee took no action on the bill.

Under current Kansas law, the owner of a building cited for violations of state, city or county safety codes has 40 days to submit plans to correct them.

If the owner fails to submit adequate plans, the state can close the facility.

Barnett’s bill would let the state Director of Alcohol and Beverage Control revoke or suspend any license of a nightclub for violating occupancy, fire or building codes. Local and county authorities could ask a court to suspend a club’s license within five days of its conviction.

In response to lobbyists’ complaint that the bill targeted the liquor industry, Barnett said it could be amended to apply to all public gathering places.

“There is plenty of law authority out there to take care of the problem without saying you’re going to single out liquor establishments,” said Tuck Duncan, lobbyist for the Kansas Wine and Spirits Wholesalers Assn.