Senators vote to end Sunday liquor sales

? Senators tentatively approved a bill Wednesday that makes the state’s Liquor Control Act uniform, but they removed provisions to allow local decisions on Sunday sales and to increase alcohol taxes.

Supporters of Sunday sales expressed disappointment about the vote, which came as a surprise to lawmakers on both sides of the issue.

The stripped-down bill expressly forbids local governments from exempting themselves from parts of Kansas’ liquor laws and adopting their own alcohol statutes. Approval on final action, expected today, would send the measure to the House.

“If this bill passes the House and is signed by the governor, it will have the effect of rescinding city and county ordinances allowing Sunday sales,” said Sen. John Vratil, R-Leawood. “I think a big number of my constituents want Sunday sales. I’m surprised the majority voted against it.”

Fourteen cities, including Lawrence, and one county have approved ordinances opting out of the state’s traditional ban on Sunday sales. Those municipalities are relying on a Wyandotte County judge’s 2003 ruling that provisions of Kansas’ Liquor Control Act did not apply uniformly to all communities.

The legislation in the Senate is intended to clarify that the act’s provisions are to be applied uniformly.

Senate President Dave Kerr called the vote on Sunday sales a “minor setback” for those who favor letting cities and counties make their own decisions on the matter. He predicted the provision would be restored in the House, which approved similar language last year.

Some senators who said they favored Sunday sales voted against the 2003 legislation because it did not raise taxes. But others who support Sunday sales said Wednesday they couldn’t vote for a bill that included a tax increase.

Vratil, who proposed the $11.1 million tax increase in the Federal and State Affairs Committee, said it would amount to 1 cent per beer, glass of wine or mixed drink.

But Sen. David Haley, D-Kansas City, argued that the tax increase was disproportionately unfair to people in his district, which he said had the lowest per-capita income of any Senate district.

“I consider it a regressive tax that’s unfair to those who can least afford it,” Haley said.

Sen. Christine Downey, D-Newton, said she would be willing to stand up for the poor people in her district — but not about alcohol taxes.

“The last thing I’m going to do is fight for the right of poor people to have cheap beer,” she said.

The Sunday sales and tax increase provisions were removed from the bill on separate votes of 23-17.

Sen. Stan Clark, R-Oakley, said he and Sen. Nick Jordan, R-Shawnee, knew 11 senators were against Sunday sales no matter what was tied to the legislation, and nine were for it.

The rest were “on the fence,” said Clark, an opponent of Sunday sales.

“We’ve never seen anything quite that wild in our time in the Legislature,” Clark said. He has been a lawmaker for 10 years.

Clark said he was certain the Sunday sales issue would rise again in the Senate before the session ends.

“Cats have nine lives,” Clark said. “Sunday sales will have more than that.”