Kite's Bar & Grill, Inc. v. Kansas Department of Revenue, 329 P.3d 536

Kite’s Bar and Grill license suspended for 4 weekend days due to a minor possessing alcohol on its premises.
Officer Ramsey conducted a December 18, 2010 bar check; a 19-year-old woman was found with beer and cited for minor in possession.
ABC issued a civil citation to Kite’s on January 13, 2011 following an evidentiary administrative hearing.
Kite’s appealed through KDOR and district court, which upheld the suspension.
Kite’s argues notice requirements were not properly satisfied and that strict liability may apply; the court must decide these issues.
The court reverses, holding the notice provisions in Kansas law require delivery of the citation at the time of violation and mailing a copy within 30 days; failure renders the citation void.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 41-106 requires delivery at violation time	Kite’s argues substantial compliance suffices.	ABC contends substantial compliance applies to notice.	Strict delivery at violation time required; notice was void.
Whether substantial compliance can cure failure to deliver at time	Statute should be construed liberally as remedial.	Statutory language is explicit; no substantial compliance applies here.	No substantial compliance; citation unenforceable.

Shrader v. Kansas Dept. of Revenue, 296 Kan. 3 (Kan. 2012) (statutory interpretive framework; plain language controls)
Orr v. Heiman, 270 Kan. 109 (Kan. 2000) (substantial compliance definition)
Smith v. Marshall, 225 Kan. 70 (Kan. 1978) (remedial nature liberal construction caveat)
Midwest Props. v. Harvey, 23 Kan. App. 2d 524 (Kan. App. 1997) (remedial statute definitions)