Gray area

If Kansas laws allow Last Call to operate as a "bring your own bottle" establishment, state legislators need to get to work.

Almost since the state’s founding, Kansas has had a tricky relationship with alcohol consumption.

If, however, gray areas in state law have left room for a drinking establishment that has lost its liquor license to then switch its operation to a “bring your own bottle” venue, the Kansas Legislature needs to tighten up the law.

This situation has arisen in Lawrence as a result of the city’s successful effort to prevent Last Call, 729 N.H., from renewing its state liquor license. Concerned about alleged drug activity and a number of illegal weapons found in cars parked near Last Call, the city asked the Kansas Department of Revenue to deny the renewal of the bar’s liquor license. State officials agreed that the club was a public safety hazard and denied the license. It also ordered Last Call to cease operation while it appealed the decision.

As many Kansas operators have done before, Last Call and its attorneys decided to get creative. They found some loosely defined laws that allow for BYOB establishments to operate without a liquor license and decided to reopen the club on that basis. What’s more, it seems that the fact that the business doesn’t have a liquor license may make it subject to far fewer messy regulations such as mandatory closing hours and routine bar checks by police officers.

Talk about unintended consequences. The city’s efforts to get rid of this club and its clientele may have led to an even worse situation.

It seems likely that the Kansas BYOB laws that Last Call is taking advantage of are a throwback to the state’s old private club laws. Before liquor by the drink was legalized, private clubs could get around the state liquor laws by serving alcohol that was brought to the premises by their members. Because liquor by the drink had to be approved by individual counties, some Kansas counties still operate under some kind of private club restrictions.

It’s understandable that laws regulating BYOB clubs are somewhat vague, because they were designed to get around state liquor laws that many people found too restrictive. However, it appears that vagueness may now be undermining the enforcement of the state’s liquor laws.

Perhaps the courts will determine that the Last Call owners and attorneys are promoting a clear misinterpretation of state laws. If that isn’t the case, however, it is call to action for Kansas legislators to revisit and clear up some of the gray areas in the statutes governing drinking establishments in the state.