Cities oppose local control language in Senate liquor bill

? A Senate bill to permit Sunday alcohol sales in Kansas also would eliminate cities’ authority to regulate bars and liquor stores more strictly than state law, opponents of the measure argued Wednesday.

Sandra Jacquot, spokeswoman for the League of Kansas Municipalities, said the organization favored Sunday sales but opposed language in the bill giving the state exclusive power to regulate the liquor, beer and wine industries.

“If you’re going to make the statute uniform, OK, allow for Sunday sales,” Jacquot told the Senate Federal and State Affairs Committee. “But strip off the pre-emptive provisions before you move the bill on.”

Much of the critical testimony before the Senate Federal and State Affairs Committee focused on the matter of local control rather than Sunday sales. Opponents were especially concerned about provisions regarding the cereal malt beverage industry, which is now regulated primarily by cities.

Kansas law says convenience and grocery stores may sell only “cereal malt beverage,” or beer that is less than 3.2 percent alcohol by weight. Only liquor stores can sell full-strength beer.

Taverns licensed only to sell 3.2 percent alcohol are governed primarily by cities, Jacquot said, and the Senate bill would eliminate the ability of cities to do that.

A consequence, she said, is that restrictive city ordinances would be void and the lack of state regulations on those establishments could lead to things such as exotic dancers in communities where they currently are forbidden.

Representatives of the Wichita Police Department and Wyandotte County Unified Government spoke against the provisions cited by Jacquot, and Overland Park made the same case in written testimony.

Sen. John Vratil, R-Leawood, asked Jacquot to help draft an amendment addressing portions of the bill that prevent communities from enacting stricter regulations on local bars and taverns.

The committee heard Wednesday from opponents of the measure, after taking testimony from supporters on Tuesday.

Diann Windmeyer of Topeka said Wednesday that legislators should reject Sunday sales and instead pass a law holding taverns and bars legally responsible for damages caused by drinkers. She also urged stricter penalties against people who kill someone while driving drunk.

Windmeyer’s husband, Fred, was killed by a drunken driver last May as he was walking his dog. The driver, Windmeyer said, pleaded no-contest to charges and was sentenced to 48 to 52 months in prison.

“My fear with Senate Bill 305 is that we are in denial and that we are not addressing the real issues at hand,” Windmeyer told the committee. “The state of Kansas is neglecting the responsibility to protect Kansas families.”

A bill permitting Sunday sales won House approval last year but did not come up for a vote in the Senate.