Synopsis: The Kansas statutes imposing residency requirements on persons seeking a license to sell liquor as a retailer or to sell liquor by the drink, K.S.A. 2020 Supp. 41-311 and 41-2623, facially discriminate against nonresidents. It is unlikely that the State could advance a legitimate local purpose for the requirements. Thus, the residency requirements in K.S.A. 2020 Supp. 41-311 and K.S.A. 2020 Supp. 41-2623 would likely be found unconstitutional under the dormant Commerce Clause of the U.S. Constitution and are therefore unenforceable.
Source: Kansas Attorney General Opinions
