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Law Enforcement Guide – Kansas Indoor Clean Air Act

Exempt Class A and B Clubs

For an updated list of Class A and B Clubs that have notified the Kansas Department of Health and Environment that they will allow smoking (using the Class A and B Club exemption) visit https://www.ksrevenue.org/abcfaqs.html.  Once you have read and agreed to the terms of use select “Click here to access our database,” then select “On Premise” as license type and select “All Smoking Ban Exempt Clubs” as the license classification.  You may view the entire list or search by county, city or business name.

Court Cases Related to Act

Read the  decision issued on April 6, 2012, in the Kansas Supreme Court on the lawsuit related to the January 1, 2009, licensure date of Class A and B Clubs eligible for exemption at http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2012/20120406/104761.pdf (Downtown Bar and Grill, LLC v State of Kansas). As stated in the Kansas Indoor Clean Air Act, only Class A and B Clubs licensed by January 1, 2009, that submitted an exemption request to KDHE by September 28, 2010, may allow smoking indoors.

Wichita Court Case
Read the decision issued on August 31, 2010, in the 18th Judicial District Court (Sedgwick County) on the lawsuit related to the Act taking effect in the City of Wichita (Delano Enterprises, Inc, d/b/a Mort’s Cigar Bar, et al v. State of Kansas).  The Act is now in effect statewide including the City of Wichita.