On Tuesday November 8, Butler County citizens will once again vote to make sure their voice is heard at the polls. This election the categories being voted on are United States Senate, United States Representative District 4, many state offices including Governor and Lt. Governor, Secretary of State, Attorney General, State Treasurer and Commissioner of Insurance. The count will also vote on Supreme Court Justice positions and Court of Appeals Judge. Two constitutional amendments will be up for stake including whether or not to continue to provide Legislative oversight of administrative rules and regulations; and voting on whether or not to preserve the right of citizens in each county that voted in a sheriff on January 11, 2022 to continue to elect the county sheriff.

At the bottom of the ballot, you’ll see a county question that is creating buzz within Butler County. The county question reads as follows: “Shall sale of alcoholic liquor by the individual drink in Butler County be allowed in public places without a requirement that any portion of their gross receipts be from sales food?” So, what does that mean?

There are three different categories a county in Kansas can fall into when it refers to selling alcoholic beverages. A county can be “wet,” meaning no requirements to sell alcohol by the drink, “dry,” meaning alcohol sales by the drink are completely prohibited or a county can require establishments to make 30% of their revenue be food sales in order to sell alcohol by the drink. The term “by the drink” refers to alcoholic beverages being sold for consumption on the premises where sold. You can find this by referring to Kansas Statute 41-2646.

Out of the 105 counties in Kansas, there are 3 dry counties, 39 wet counties 63 counties have the 30% food sales requirement. Butler County is one of the 63 counties where all public establishments must make 30% of their revenue be food sales in order to keep their liquor license. If any establishment fails this requirement, their liquor license will be revoked, or they will have to charge a yearly membership fee to patrons before they purchase the drinks.

Breaking down the county question into sections makes it easier to understand. “Shall sale of alcoholic liquor by the drink,” meaning the sale of adult beverages, or alcohol, being sold “by the drink”, glass, cup, pour, pitcher, open can, open bottle, etc. being consumed on premises. “in Butler County be allowed in public places,” meaning restaurants, bars, golf courses, theaters, etc. or establishments that aren’t private – no membership required to enter, etc. This does not indicate that alcohol will be allowed for open consumption in parks, sidewalks, etc. “without a requirement that any portion of their gross receipts be from sales food?” This means that the requirement for establishments to meet the 30% of their revenue be from food sales will be removed, enabling them to sell alcohol with no food sales required.

Voting “yes” will allow the sale of adult beverages at establishments with no food sales requirement in Butler County. Voting “no” will keep the current requirement in place, meaning establishments selling alcohol by the drink must continue to meet 30% of their revenue with food sales.

Entrepreneurs and citizens alike are talking about how this will affect the county. Some believe that restaurants should serve zero alcohol and require minors to be prohibited to enter if they do serve alcohol, separating restaurants from bar and grills.

Others believe it will enhance the economy of the county and attract businesses to choose Butler County over Sedgwick County or other neighboring counties. Shane Scott, owner of Sugar Shane’s in Augusta who partitioned to bring the question to ballot, says he’s looking out for his community.

“My food sales are at 85%, so it doesn’t affect me, but it does affect my competitors. I’m trying to recruit a brewery down here, a martini bar, a pizza and Italian restaurant. This law is key in doing that,” said Scott. “We’re trying to create what I call the Red Brick District.”

Creating his vision of the Red Brick District requires attracting businesses that serve alcohol without a food requirement. Furthermore, Scott gives his take on competition with Sedgwick County.

“What we’re trying to do is help all businesses like golf courses,” said Scott. “The Augusta Historic Theatre could benefit from this and be able to sell beverages as well. The cidery in Rose Hill will be able to serve their cider. It has a huge effect, a lot more than just the Red Brick District that we’re trying to build here. The main thing for me is I don’t want Butler County to be disadvantaged to Sedgwick County. We want to be on a level playing field with them.”