Attorney General Opinion No. 1985-035

Attorney General Opinion No. 1985-035
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ISBN-10 : OCLC:849902976
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Book Synopsis Attorney General Opinion No. 1985-035 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-035 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A county commission may, pursuant to K.S.A. 19-15,114 e̲t̲ s̲e̲q̲., acquire a public building by purchase when it determines that such public building is necessary to be used for any public county purpose. General obligation bonds may be issued to furnish the funds for such acquisition, provided that if the amount of the bonds exceeds $300,000, approval of the voters must be obtained through a special election. While K.S.A. 19-212, F̲i̲r̲s̲t̲, and K.S.A. 19-15,117 authorize a county commission to permit the use of county buildings for other than public purposes, the consumption of alcholic liquor in public places is regulated by K.S.A. 41-719, with that statute prohibiting such consumption upon property owned by a governmental subdivision of the state such as a county. However, in that the provisions of K.S.A. 41-719 are non-uniform in their application, a county may, under its home rule authority (K.S.A. 19-101 e̲t̲ s̲e̲q̲.), charter out from the provisions of K.S.A. 41-719. While consumption of alcoholic liquor is still subject to the provisions of K.S.A. 41-2602, the operation of a licensed private club in the leased premises would comply with the statute and avoid a violation of the ban on the operation of an open saloon. Cited herein: K.S.A. 19-212; 19-15,114; 19-15,115; K.S.A. 1984 Supp. 19-15,116; K.S.A. 19-15,117; 41-719; 41-803; 41-2602; Kan. Const. Art. 15, section 10.


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