"Penalties for selling any spirits, wines, or other intoxicating liquors contrary to law, included a fine of $100 for the first offense and for every second or subsequent offense not less than $100, and imprisonment in county jail not less than 5 and not more than 30 days. Selling to a slave without the sanction of his master, owner or overseer, or selling liquor on Sunday, also subjected the offender to these same penalties as well as a forfeiture of their license. Licensees were also required to give a bond of $2,000 and not to keep a disorderly house.

Further action on the liquor question was taken by the legislature of 1859, which included an act "to restrain dramshops and taverns and regulate the sale of intoxicating liquors." It provided that no license should be granted by a county business or city, unless the petition requesting the dramshop, tavern, or grocery license was signed by a majority of the householders in the township, county or ward where the license was sought. However, all incorporated cities containing 1,000 or more inhabitants were exempted from this act, such cities possessing full powers to regulate licenses for all purposes and dispose of the proceeds thereof. This law fixed the tax upon the dramshop keeper at not less than $50 nor more than $500 for a period of twelve months. The fine for selling liquor without license was not to exceed $100 for the first offense. For the second and subsequent offenses, the fine should not be greater than $100, but the offender might be indicted for a misdemeanor and fined not less than $500, and imprisoned in the county jail not less than six months, it was made a misdemeanor to sell liquor on Sunday, the Fourth of July, to any one known to be in the habit of getting intoxicated, or to any married man against the known wishes of his wife. All places where liquor would be sold in violation of this act were declared nuisances. In addition, damages could be recovered by every wife, child, parent, guardian, employer or other person who should be injured in person, property or means of support by any intoxicated person or in consequence of intoxication, and a married woman could sue as a single person.

In the constitutional convention of 1859 there was some discussion about incorporating in the constitution a prohibitory measure with regard to liquor, and John Ritchie, of Topeka, suggested the following resolution: "Resolved, that the constitution of the state of Kansas shall confer power on the legislature to prohibit the introduction, manufacture or sale of spirituous liquors within the state." On July 23rd, 12 days later, H. D. Preston, from Burlingame, offered this section: "The legislature shall have power to regulate or prohibit the sale of alcoholic liquors, except for mechanical and medicinal purposes." In the end; however, no prohibitory measure was included in the constitution at that time.

The temperance sentiment continued to increase and was very strong in the by 1867. Lecturers from the East gave addresses on the subject, enlarging and stimulating the temperance feeling throughout the state. In 1869 all the territorial and state laws of Kansas were revised and the so-called Dramshop Act went into effect on October 31, 1869, providing in part: