Last Call enters gray area as BYOB club
Law unclear on legality
The party is not over at Last Call.
The downtown nightclub that lost its state drinking license over allegations of illegal drug activity occurring inside the club is still in business. And it is operating with a policy that has long ruled the day at college parties: BYOB – Bring Your Own Booze.
Dan Owen, an attorney for club owner Dennis Steffes, has confirmed that the club has operated since the loss of its license earlier this month as a BYOB establishment. But attempts to get Owen or Steffes to comment on whether that is how the club, 729 N.H., will routinely operate in the future have been unsuccessful.
Count city leaders among those who would like to know. Scott Miller, an attorney for the city, said the city is researching issues regarding the legality of BYOB establishments.
“We’re not completely sure of how the business is organized, but we’ll monitor it to see if it is creating problems,” Miller said.
BYOB businesses are a legal gray area in Kansas. A 1993 Kansas Attorney General’s opinion doesn’t rule out that a business can operate as a BYOB establishment, even if it does charge a cover charge to enter. But the opinion states that the “guests” of the business must have been extended “private or personal invitation as opposed to a public announcement.”
The opinion, though, also notes that the state law governing all this is lacking in definition.
“The attorney general’s opinion may not be the only interpretation that a court would accept,” Miller said.
But by not having a state liquor license, it does appear that the city has lost some control over the business. For example, Owen argues that the club does not have to abide by the closing times that drinking establishments must follow. He also has said police officers cannot enter the building to do routine bar checks now that the club is no longer a drinking establishment.
Whether the business can produce enough income to remain viable without selling alcohol is an open question. Steffes has previously testified that the club charges $20 or more to enter, primarily to see hip-hop music acts or disc jockeys. State law does seem to suggest that by being a BYOB establishment, that the club cannot sell soda or other beverages that could be mixed with alcohol.
The club generally is open only on Saturday evenings.
Last Call is appealing this month’s decision by the Kansas Department of Revenue to not renew its drinking establishment license. Steffes had requested that the club be allowed to keep its license during the appeal process, but the Kansas Secretary of Revenue denied that request, citing that the evidence of drug activity inside the club made it a public safety hazard.
Steffes has denied the drug allegations, and said the city has targeted his club because of the hip-hop music crowd it attracts. City leaders have denied that allegation.







