reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-718 Sale only in original package; refilling prohibited; application of law to certain sales.

41-718. Sale only in original package; refilling prohibited; application of law to certain sales.
(a) No person except a manufacturer, distributor, microbrewery, microdistillery, farm winery or wholesaler shall fill or refill, in whole or in part, any original package of alcoholic liquor with the same or any other kind or quality of alcoholic liquor.
(b) No person shall have in the person's possession for sale at retail any bottles, casks or other containers containing alcoholic liquor, except in original packages.
(c) This section shall not apply to the sale of beer, domestic beer or cereal malt beverage by a retailer in accordance with K.S.A. 41-308(c)(8), and amendments thereto.
History:
L. 1949, ch. 242, § 81; L. 1983, ch. 161, § 19; L. 1987, ch. 182, § 53; L. 2012, ch. 144, § 27; L. 2021, ch. 107, § 12; May 27.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-720 Nonbeverage licensee forbidden to give or sell alcoholic liquors; violation; penalty.

41-720.
Nonbeverage licensee forbidden to give or sell alcoholic liquors; violation; penalty.
No nonbeverage user shall sell, give away or otherwise dispose of any alcohol or wine, purchased under his license as such nonbeverage user, in any form fit for beverage purposes. Any nonbeverage user who shall violate the provisions of this section shall pay to the director, for the use of the liquor control administration fund, the sum of two dollars and ten cents ($2.10) for each gallon of alcohol or wine so diverted, and in addition thereto shall be subject to the penalties provided in K.S.A. 41-901.
History:
L. 1949, ch. 242, § 83; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-721 No retail licenses to issue in cities where electors voted contrary.

41-721.
No retail licenses to issue in cities where electors voted contrary.
It shall not be lawful to sell alcoholic liquor at retail nor shall the director grant or issue, or cause to be granted or issued, any license to sell alcoholic liquor at retail within the limits of any city of this state, while the prohibition against such sales, arising under K.S.A. 41-301 and 41-302, or otherwise as provided in this act, is in effect; and if any such license be granted or issued in violation hereof the same shall be void: Provided, That this section shall not prohibit the issuance of a manufacturer's or distributor's license in accordance with law by the director in such prohibited territory.
History:
L. 1949, ch. 242, § 84; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-722 Giving or selling liquor to evade law declared unlawful.

41-722.
Giving or selling liquor to evade law declared unlawful.
The giving away or delivery of any alcoholic liquor for the purpose of evading any provision of K.S.A. 41-721 or taking of orders or the making of agreements, at or within any governmental subdivision, while such sales are prohibited, for the sale or delivery of any alcoholic liquor, or other shift or device to evade any provision of this act, shall be held to be an unlawful selling.
History:
L. 1949, ch. 242, § 85; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-723 Violating K.S.A. 41-721 and 41-722; places declared common nuisances.

41-723.
Violating K.S.A. 41-721 and 41-722; places declared common nuisances.
All places where alcoholic liquor is sold in violation of any provision of K.S.A. 41-721 and 41-722 shall be and are declared to be common nuisances, and may be abated as such in the manner hereinafter provided.
History:
L. 1949, ch. 242, § 86; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-724 Transportation of liquor into state forbidden; exceptions.

41-724.
Transportation of liquor into state forbidden; exceptions.
No person or common carrier shall haul or transport alcoholic liquor in or into this state, for sale, or for storage and sale in this state, upon which the required labeling or gauging fee, tax, duty or license has not been paid, except for delivery to distributors, distillers, manufacturers, importers, blenders, rectifiers, wholesalers or jobbers maintaining a bonded warehouse within this state.
History:
L. 1949, ch. 242, § 87; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-725 Common carriers; must deliver only to consignee.

41-725.
Common carriers; must deliver only to consignee.
It shall be unlawful for any officer, agent or employee of any railroad company, express company or other common carrier to deliver any alcoholic liquors to any person other than to the person to whom such shipment is consigned, or to his authorized agent, and without a written receipt in each instance by such consignee in person therefor, or by his authorized agent; or to deliver any such shipments to any person whomsoever where such shipments have been consigned to a fictitious person or persons under a fictitious name.
History:
L. 1949, ch. 242, § 88; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-726 False statements to common carriers unlawful.

41-726.
False statements to common carriers unlawful.
It shall be unlawful for any person to make a false statement, for the purpose of obtaining alcoholic liquors, to any railroad, express or transportation company, or any person engaged in the business of transporting goods, wares or merchandise for the purpose of obtaining the shipment, transportation or delivery of same.
History:
L. 1949, ch. 242, § 89; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-727a Use of minors to determine compliance with law, limitations.

41-727a.
Use of minors to determine compliance with law, limitations.
(a) Any person listed in subsections (b)(1), (b)(2) or (b)(3) may engage or direct a person under 21 years of age to violate the provisions of the Kansas liquor control act in order to develop a program or system which determines and encourages compliance with the provisions of such act prohibiting the furnishing or sale of alcoholic liquor to a person under 21 years of age or the consumption of alcoholic liquor by such persons.
(b) No person shall engage or direct a person under 21 years of age to violate any provision of the Kansas liquor control act for purposes of determining compliance with the provisions of such act unless such person is:
(1) An officer having authority to enforce the provisions of the Kansas liquor control act;
(2) an authorized representative of the attorney general, a county attorney or a district attorney; or
(3) a licensee under the Kansas liquor control act or such licensee's designee pursuant to a self-compliance program designed to increase compliance with the provisions of the Kansas liquor control act if such program has been approved by the director.
History:
L. 2000, ch. 166, § 5; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-728 Sales of liquor by distributors; prohibited acts.

41-728.
Sales of liquor by distributors; prohibited acts.
(a) No distributor shall, directly or indirectly, sell on credit any alcoholic liquor or cereal malt beverage to a club, drinking establishment or caterer, and no club, drinking establishment or caterer shall, directly or indirectly, buy on credit any alcoholic liquor or cereal malt beverage from a distributor.
(b) Any sales of alcoholic liquor or cereal malt beverage by a distributor to a club, drinking establishment, caterer or retailer licensed under the Kansas liquor control act or under K.S.A. 41-2702, and amendments thereto, shall be separate transactions from sales by such distributor to any other such club, drinking establishment, caterer or retailer even if the licensee is the same person or entity as the holder of the license for such other club, drinking establishment, caterer or retailer.
(c) Except as otherwise provided by this section or K.S.A. 41-702, 41-703 and 41-2707, and amendments thereto, any financial instrument, other than a second-party check, may be used by a club, drinking establishment, caterer or retailer licensed under the Kansas liquor control act or under K.S.A. 41-2702, and amendments thereto, to purchase alcoholic liquor or cereal malt beverage from a distributor and a distributor may accept any such financial instrument as payment. In addition, a prepayment plan may be used for the purpose of making such purchases if the amount prepaid does not exceed the usual purchases made for the period of time for which prepayment is made.
(d) Sales of alcoholic liquor by a distributor to clubs, drinking establishments, caterers or retailers licensed under the Kansas liquor control act or under K.S.A. 41-2702, and amendments thereto, shall be final except that a distributor may:
(1) Buy back any item of alcoholic liquor or cereal malt beverage which such club, drinking establishment, caterer or retailer has obtained the approval of the director to close out;
(2) buy back any item of alcoholic liquor or cereal malt beverage when required by the supplier; and
(3) buy back or exchange, within 24 hours after delivery, any item of alcoholic liquor or cereal malt beverage which is damaged or deteriorated in quality.
History:
L. 1987, ch. 182, § 136; April 30.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-729 Retail sales at less than cost; permit required.

41-729.
Retail sales at less than cost; permit required.
(a) No retailer shall sell, directly or indirectly, any alcoholic liquor at less than the acquisition cost of such liquor without first having obtained from the director a permit to do so.
(b) The director may issue to a licensed retailer a permit authorizing the retailer to sell alcoholic liquor at less than the acquisition act of such liquor if:
(1) The retailer is actually closing out the retailer's stock for the purpose of completely discontinuing sale of the item of alcoholic liquor for a period of not less than 12 months;
(2) the item of alcoholic liquor is damaged or deteriorated in quality and notice is given to the public thereof; or
(3) the sale of the item of alcoholic liquor is by an officer acting under the order of a court.
History:
L. 1987, ch. 182, § 137; April 30.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-730 Sale of powdered alcohol prohibited.

41-730. Sale of powdered alcohol prohibited.
(a) No form of powdered alcohol shall be sold or offered for sale by any person licensed under the Kansas liquor control act.
(b) This section shall be a part of and supplemental to the Kansas liquor control act.
History:
L. 2015, ch. 82, § 3; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 8 - Misdemeanors And Nuisances › 41-803 Open saloon; definition; prohibition.

41-803. Open saloon; definition; prohibition.
(a) It shall be unlawful for any person to own, maintain, operate or conduct, either directly or indirectly, an open saloon.
(b) As used in this section, "open saloon" means any place, public or private, where alcoholic liquor is sold or offered or kept for sale by the drink or in any quantity of less than 100 milliliters (3.4 fluid ounces) or sold or offered or kept for sale for consumption on the premises where sold, but does not include any premises where the sale of liquor is authorized by the club and drinking establishment act or, on and after January 1, 1988, any manufacturer, microbrewery, microdistillery or farm winery, if authorized by K.S.A. 41-305, 41-308a, 41-308b or K.S.A. 41-354, and amendments thereto.
(c) Any violation of the provisions of this section is a misdemeanor punishable by a fine of not more than $500 and by imprisonment for not more than 90 days.
History:
L. 1949, ch. 242, § 92; L. 1978, ch. 187, § 2; L. 1978, ch. 189, § 13; L. 1979, ch. 152, § 4; L. 1986, ch. 185, § 6; L. 1987, ch. 182, § 56; L. 2012, ch. 144, § 30; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 8 - Misdemeanors And Nuisances › 41-806 Action by injunction to abate nuisance; procedure; fees of prosecuting attorneys; closing and padlocking; bond of owner, lessee or occupant.

41-806.
Action by injunction to abate nuisance; procedure; fees of prosecuting attorneys; closing and padlocking; bond of owner, lessee or occupant.
The attorney for the director when ordered by the director, or county attorney in the county in which such nuisance exists, or is kept or maintained, may maintain an action by injunction, in the name of the state of Kansas, to abate and temporarily or permanently to enjoin such nuisance. The court shall have the right to make temporary and final orders as in other injunction proceedings. The plaintiff shall not be required to give bond in such action.
Upon final judgment against the defendant, such court shall allow the attorneys for the state of Kansas a reasonable fee for prosecuting the action which shall be taxed as costs and shall also order that such room, house, building, structure, boat or place of any kind shall be closed and padlocked for a period of not less than three (3) months nor more than two (2) years, and until the owner, lessee, tenant or occupant thereof shall give bond with sufficient surety to be approved by the court making the order, in the penal sum of not less than one thousand dollars ($1,000), payable to the state of Kansas, and conditioned that no alcoholic liquor will for a period of two years thereafter be manufactured, possessed, sold, bartered or given away or furnished or otherwise disposed of thereon or therein, or kept thereon or therein with intent to sell, barter, give away, or otherwise dispose of the same, contrary to this act, and that he and his surety will pay all fines and costs assessed against him for any violation of this act.
If any condition of such bond be violated, the whole amount may be recovered as a penalty for the use of the state of Kansas; and, in such suit on the bond, both principal and surety may be joined as party defendants, and satisfaction may be had from either of them. In such action a notice to nonresident defendants may be given by publication as authorized by law under the code of civil procedure, or upon their agents for service in this state, if any.
History:
L. 1949, ch. 242, § 95; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 9 - General Penalty Provisions › 41-902 General penalty.

41-902.
General penalty.
Any person who shall violate any provision of this act for which a penalty is not otherwise specifically provided shall upon conviction of any such violation be fined not to exceed five hundred dollars ($500) or by imprisonment not to exceed six (6) months or by both such fine and imprisonment.
History:
L. 1949, ch. 242, § 97; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 9 - General Penalty Provisions › 41-903 Knowingly permitting licensee to unlawfully use premises deemed violation of act.

41-903.
Knowingly permitting licensee to unlawfully use premises deemed violation of act.
If the owner of the licensed premises or any person from whom the licensee derives the right to possession of such premises, or the agent of such owner or person, shall knowingly permit the licensee to use such licensed premises in violation of the terms of this act, such owner, agent or other person shall be deemed guilty of a violation of this act to the same extent as such licensee and be subject to the same punishment.
History:
L. 1949, ch. 242, § 98; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 9 - General Penalty Provisions › 41-904 Violation by agent or employee of licensee; deemed act of licensee, when.

41-904.
Violation by agent or employee of licensee; deemed act of licensee, when.
Every act or omission of whatsoever nature constituting a violation of any of the provisions of this act, by any officer, director, manager or other agent or employee of any licensee, if such act is committed or omission is made with the authorization, knowledge or approval of the licensee, shall be deemed and held to be the act of such employer or licensee, and such employer or licensee shall be punishable in the same manner as if such act or omission had been done or omitted by him personally.
History:
L. 1949, ch. 242, § 99; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 9 - General Penalty Provisions › 41-905 False branding; forfeiture; penalty.

41-905.
False branding; forfeiture; penalty.
Any person who shall knowingly possess, sell, ship, transport or in any way dispose of any alcoholic liquor under any other than the proper name or brand known to the trade as designating the kind and quality of the contents of the package or other containers of such alcoholic liquor or who shall cause any such act to be done, shall forfeit to the state such alcoholic liquor and such packages and containers, and shall be subject to the punishment and penalties provided for violation of this act.
History:
L. 1949, ch. 242, § 100; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 10 - Prosecution And Enforcement › 41-1001 Violations; sufficiency of complaint, indictment or information; sufficiency of proof.

41-1001.
Violations; sufficiency of complaint, indictment or information; sufficiency of proof.
In any indictment, information or complaint, charging the violation of any of the provisions of this act, it shall be sufficient to charge that the accused unlawfully manufactured, sold, offered for sale, kept for sale, delivered or otherwise unlawfully disposed of alcoholic liquor without any further or more specific description of such liquor; and proof of any kind of alcoholic liquor unlawfully manufactured, sold, offered for sale, kept for sale, delivered, or otherwise unlawfully disposed of, as the case may be, shall be sufficient proof as to the character or kind of alcoholic liquor.
History:
L. 1949, ch. 242, § 101; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 10 - Prosecution And Enforcement › 41-1002 Complaint, indictment or information; allegations as to quantity and kind; second offense; proof.

41-1002.
Complaint, indictment or information; allegations as to quantity and kind; second offense; proof.
In any indictment, information, or complaint charging the violation of any of the provisions of this act, it shall not be necessary to allege the quantity of such alcoholic liquor or the kind thereof further than to allege that the same was alcoholic liquor and, in case of sale, keeping for sale or delivery, it shall not be necessary to set out the name of the person to whom sale or delivery has been made; and, in any prosecution for a second offense, it shall not be necessary to state in the indictment, complaint or information the record of the former conviction, but it shall be sufficient briefly to allege such conviction. Proof of sale, delivery or unlawful disposition of alcoholic liquors to any person, not authorized by this act to purchase or receive the same, shall be sufficient to sustain the allegation of unlawful sale, delivery or disposition, as the case may be.
History:
L. 1949, ch. 242, § 102; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 10 - Prosecution And Enforcement › 41-1003 Same; separate offenses may be joined; allegation as to place and time; exceptions need not be negatived.

41-1003.
Same; separate offenses may be joined; allegation as to place and time; exceptions need not be negatived.
In any indictment, information, or complaint, against any one or more individuals charging the violation of any of the provisions of this act, separate offenses hereunder may be joined in the same indictment, information, or complaint; and the accused may be prosecuted and convicted upon all or any of such counts so joined the same as upon separate indictments, informations or complaints; and judgment may be rendered on each count upon which there is a conviction. In any indictment, information or complaint for any violation of this act, it shall not be necessary to describe the place where the offense was committed, except to allege that it was committed in the county wherein the prosecution was had, unless the particular place where the violation occurred constitutes one of the specific ingredients of the offense; nor shall it be necessary to negative any of the exceptions contained in this act, nor shall it be necessary to state the day or the hour when the offense was committed unless the day or hour constitutes a special element or ingredient of the offense.
History:
L. 1949, ch. 242, § 103; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 10 - Prosecution And Enforcement › 41-1004 Possession of special tax stamp of federal government, effect; evidence.

41-1004.
Possession of special tax stamp of federal government, effect; evidence.
The possession of a special tax stamp from the government of the United States authorizing the sale or manufacture of alcoholic liquor as defined in this act by a person not licensed under this act, shall be prima facie evidence that the person so holding said special tax stamp is manufacturing or selling in violation of this act. A certified copy of such special tax stamp verified by the proper authority shall be admitted in evidence in all respects as the original special tax stamp might be received.
History:
L. 1949, ch. 242, § 104; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 11 - Miscellaneous Provisions › 41-1101a Discrimination in sales; minimum orders; cereal malt beverage and beer license, same rules as retailers.

41-1101a. Discrimination in sales; minimum orders; cereal malt beverage and beer license, same rules as retailers.
(a) Notwithstanding the provisions of K.S.A. 41-1101, and amendments thereto, or the provisions of the Kansas cereal malt beverage act, a distributor may establish reasonable minimum order quantities or minimum dollar value of an order, or both, for beer and cereal malt beverages distributed by the distributor to a retailer.
(b) The provisions of K.S.A. 41-1101(b), and amendments thereto, shall apply to a person licensed pursuant to K.S.A. 41-2702, and amendments thereto, to sell cereal malt beverage and beer containing not more than 6% alcohol by volume to the same extent it applies to a retailer licensed pursuant to the Kansas liquor control act, and the provisions of K.S.A. 41-1101(d), and amendments thereto, shall apply to a retailer licensed pursuant to the Kansas liquor control act to the same extent it applies to a retailer licensed pursuant to K.S.A. 41-2702, and amendments thereto.
(c) This section shall be a part of and supplemental to the Kansas liquor control act.
(d) The provisions of this section shall be effective on and after April 1, 2019.
History:
L. 2017, ch. 56, § 1; L. 2017, ch. 85, § 4; January 1, 2018.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 11 - Miscellaneous Provisions › 41-1102 Disposal or sale of liquor of licensee terminating business.

41-1102.
Disposal or sale of liquor of licensee terminating business.
Any licensee who shall quit business or shall have the license suspended or revoked may sell and dispose of any alcoholic liquor which the licensee has possession of at the time of quitting business or of the suspension or revocation of the license in accordance with rules and regulations adopted by the secretary of revenue.
History:
L. 1949, ch. 242, § 111; L. 1985, ch. 170, § 16; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 11 - Miscellaneous Provisions › 41-1105 Invalidity of part.

41-1105.
Invalidity of part.
If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional clause, paragraph, subsection or section.
History:
L. 1949, ch. 242, § 114; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 11 - Miscellaneous Provisions › 41-1107 Duty of county attorney; penalty for neglect; duty of attorney general.

41-1107.
Duty of county attorney; penalty for neglect; duty of attorney general.
It shall be the duty of the county attorneys of the several counties to diligently prosecute any and all persons violating any of the provisions of this act in their respective counties, and to bring suit upon all bonds or recognizances forfeited immediately after the happening of such forfeiture, to recover the penalty, and to pay all money so collected to the county treasurer of his county. If any county attorney shall fail, neglect, or refuse to faithfully perform any duty imposed upon him by this act, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500), and be imprisoned in the county jail not less than ten (10) days nor more than ninety (90) days; and such conviction shall operate as a forfeiture of his office, and the court before whom such conviction may be had shall order and adjudge such forfeiture of office in addition to the fine or imprisonment imposed as herein provided.
Whenever the county attorney shall be unable or shall neglect or refuse to enforce the provisions of this act in his county, or for any reason whatever the provisions of this act shall not be enforced in any county, it shall be the duty of the attorney general to enforce the same in such county, and for that purpose he may appoint as many assistants as he shall see fit, and he and his assistants shall be authorized to sign, verify and file all such complaints, informations, petitions and papers as the county attorney is authorized to sign, verify or file, and to do and perform any act that the county attorney might lawfully do or perform.
History:
L. 1949, ch. 242, § 116; L. 1973, ch. 106, § 9; June 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 11 - Miscellaneous Provisions › 41-1111 Regulation of retail mark-ups; legislative findings.

41-1111.
Regulation of retail mark-ups; legislative findings.
In the public interest and in order to promote the orderly sale and distribution of alcoholic liquor, to foster temperance and to promote the public welfare, the legislature finds: (a) That sales prices of alcoholic liquor sold by manufacturers and others to distributors licensed in this state should be no higher than the lowest price for which the same is sold to distributors anywhere in the continental United States; and (b) that minimum mark-ups on alcoholic liquor sold by retailers licensed in this state should be determined and regulated by law.
History:
L. 1961, ch. 241, § 1; L. 1979, ch. 153, § 6; May 10.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 11 - Miscellaneous Provisions › 41-1112 Same; prices filed by manufacturers and others to be as low as in any other state; determination.

41-1112.
Same; prices filed by manufacturers and others to be as low as in any other state; determination.
The prices filed by manufacturers and others authorized to sell alcoholic liquors to licensed distributors, pursuant to subsection (1) of K.S.A. 41-1101, shall be the current prices, F.O.B. point of shipment, and said price as filed by each manufacturer or vendor shall be as low as the lowest price for which the item is sold anywhere in any state in the continental United States by such manufacturer or vendor: Provided, That in determining the lowest price for which an item of alcoholic liquor is sold in any such state there shall be taken into consideration all advertising, depletion and promotional allowances and rebates of every kind whatsoever made to purchasers in such state by the vendor.
History:
L. 1961, ch. 241, § 2; April 10.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 11 - Miscellaneous Provisions › 41-1114 Same; minimum retail mark-ups.

41-1114.
Same; minimum retail mark-ups.
The board shall establish minimum mark-ups which shall be charged by retailers on sales of alcoholic liquor to consumers.
History:
L. 1961, ch. 241, § 4; L. 1979, ch. 153, § 7; May 10.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 11 - Miscellaneous Provisions › 41-1115 Same; minimum mark-ups on cases, bottles, mixed cases.

41-1115.
Same; minimum mark-ups on cases, bottles, mixed cases.
The board, in exercising its powers and duties under the provisions of this act, shall establish the minimum mark-up by retailers on sales of cases, bottles and mixed cases to consumers.
History:
L. 1961, ch. 241, § 5; L. 1979, ch. 153, § 8; May 10.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 11 - Miscellaneous Provisions › 41-1116 Same; establishment of minimum mark-ups; guidelines; samplings, studies.

41-1116.
Same; establishment of minimum mark-ups; guidelines; samplings, studies.
The minimum mark-ups established by the board shall be fair and reasonable to licensed retailers and the ultimate consumer. Such mark-ups must be in the public interest and such that they do not unduly stimulate the sale and consumption of alcoholic liquor or tend to disrupt the orderly sale and distribution of alcoholic liquor. The board in establishing minimum mark-ups shall take into consideration and be guided by the following: (a) The mean of acquisition costs of licensed retailers; (b) federal, state and local taxes and license fees which are paid by retailers and are levied or imposed in connection with their business of selling alcoholic liquor in this state; (c) the mean of selling costs of licensed retailers; (d) the mean of any legitimate, reasonable expense not hereinbefore specified, incurred in the legal conduct of licensed retailers' businesses; and (e) a reasonable profit for licensed retailers. The board may base its determination of the mean of retailers' acquisition costs, selling costs and operating expenses on a sampling of retailers generally representative of all retailers in the state. To insure that retailers in this state receive only a reasonable mark-up and profit, the alcoholic beverage control board of review, within six (6) months after the effective date of this act, shall conduct and complete studies to determine whether the present minimum mark-ups prescribed for licensed retailers should be maintained as currently established, increased or decreased. Until such studies are completed, the minimum mark-ups in effect immediately prior to the effective date of this act shall remain in effect.
History:
L. 1961, ch. 241, § 6; L. 1977, ch. 167, § 5; L. 1977, ch. 168, § 3; L. 1979, ch. 153, § 9; May 10.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 11 - Miscellaneous Provisions › 41-1117 Same; filing, publication and distribution of minimum mark-ups; effective date; less than minimum mark-up, when permitted.

41-1117.
Same; filing, publication and distribution of minimum mark-ups; effective date; less than minimum mark-up, when permitted.
(1) Whenever the board shall establish minimum retailer mark-ups, it shall immediately file a copy thereof with the director. The director, at least once in each quarter of each year, shall publish such minimum mark-ups and shall promptly mail a copy to each licensed distributor and retailer authorized to do business in this state. Minimum mark-ups shall become effective at twelve (12) o'clock midnight on the last day of the first calendar month commencing after the seventh (7th) day following the day such mark-ups are mailed to licensed retailers.
(2) No retailer shall sell, directly or indirectly, any alcoholic liquor at less than its current posted bottle cost plus minimum mark-up without first having obtained from the director a permit so to do; and the director is authorized to issue such a permit in the following cases:
(a) where the retailer is actually closing out his or her stock for the purpose of completely discontinuing sale of such item of alcoholic liquor for a period of not less than twelve (12) months;
(b) where the item of alcoholic liquor is damaged or deteriorated in quality and notice is given to the public thereof; or
(c) where the sale of the item of alcoholic liquor is by an officer acting under the order of any court.
History:
L. 1961, ch. 241, § 7; L. 1979, ch. 153, § 10; May 10.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 11 - Miscellaneous Provisions › 41-1118 Regulation of retail mark-ups; rules and regulations; information required of licensees.

41-1118.
Regulation of retail mark-ups; rules and regulations; information required of licensees.
The secretary of revenue may adopt, in accordance with K.S.A. 41-210, and amendments thereto, such rules and regulations as may be necessary to carry out the intent and purposes of this act and may require manufacturers, distributors and retailers to furnish any necessary information for use in determining fair and reasonable sales prices of alcoholic liquors in carrying out the intent, purposes and provisions of this act.
History:
L. 1961, ch. 241, § 8; L. 1985, ch. 170, § 17; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 11 - Miscellaneous Provisions › 41-1119 Same; rules and regulations.

41-1119.
Same; rules and regulations.
The secretary of revenue may adopt, in accordance with K.S.A. 41-210, and amendments thereto, such rules and regulations as necessary for the administration and enforcement of the sales prices determined and fixed under the provisions of this act.
History:
L. 1961, ch. 241, § 9; L. 1985, ch. 170, § 18; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 11 - Miscellaneous Provisions › 41-1120 Same; act supplemental to liquor control act.

41-1120.
Same; act supplemental to liquor control act.
This act is and shall be construed as supplementary to and part of the Kansas liquor control act, and shall not be construed as repealing any law not specifically repealed by this act.
History:
L. 1961, ch. 241, § 10; April 10.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 11 - Miscellaneous Provisions › 41-1121 Same; penalties for violations.

41-1121.
Same; penalties for violations.
Any person violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law.
History:
L. 1961, ch. 241, § 11; April 10.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 11 - Miscellaneous Provisions › 41-1122 Sale of certain liquor by director authorized.

41-1122.
Sale of certain liquor by director authorized.
The director of alcoholic beverage control is authorized to sell at public or private sale alcoholic liquor in his custody heretofore or hereafter purchased or confiscated by his agents or other peace officers of the state for use as evidence in any investigation, proceeding or trial when such liquor is no longer required for such investigation, trial or proceeding.
History:
L. 1965, ch. 317, § 1; June 30.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 11 - Miscellaneous Provisions › 41-1123 Same; sales or destruction of certain liquors by director.

41-1123.
Same; sales or destruction of certain liquors by director.
All alcoholic liquor in the custody of the director through seizure by agents of alcoholic beverage control or other peace officers of the state under authority of a duly executed search warrant shall be held until final determination of any prosecution arising under such search and seizure. Upon the final determination of such prosecution and if such alcoholic liquor is fit for human consumption the director may make application to the court in which such alcoholic liquor was offered as evidence for an order to sell such liquor. The court, if satisfied that such liquor so seized was being manufactured, distributed, stored, sold or used in violation of law, shall make an order that such property be sold by the director at public or private sale.
All alcoholic liquor which is unfit for human consumption may be summarily destroyed by the director.
History:
L. 1965, ch. 317, § 2; June 30.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 11 - Miscellaneous Provisions › 41-1124 Same; disposition of proceeds of sales.

41-1124.
Same; disposition of proceeds of sales.
The proceeds of all such sales by the director shall be deposited in the state general fund.
History:
L. 1965, ch. 317, § 3; L. 1968, ch. 100, § 1; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 11 - Miscellaneous Provisions › 41-1125 Alcoholic liquors subject to levy of execution; sale by sheriff, when; disposition of proceeds.

41-1125. Alcoholic liquors subject to levy of execution; sale by sheriff, when; disposition of proceeds.
(a) The sheriff of any county who has in his possession alcoholic liquors on which he has levied execution for a judgment creditor may sell such alcoholic liquors when an order of the court is entered directing such sale. Such order shall be directed to the sheriff of the county in which execution is levied and shall fix the time and place of sale, method and manner in which the sale shall be held, together with such notice as the court shall direct. After payment of all costs of such action, the balance shall be paid to the judgment creditor, except, if the amount exceeds the amount of the judgment, then any excess of the judgment amount shall be returned to defendant debtor.
(b) If a creditor has become lawfully entitled to alcoholic liquors that were pledged as collateral for a loan, notwithstanding provisions of the Kansas liquor control act to the contrary, the creditor may request permission from the director to take possession of such alcoholic liquors and conduct a sale to a licensee possessing a valid license issued pursuant to the Kansas liquor control act or to a licensee possessing a valid license issued pursuant to the club and drinking establishment act, to satisfy any debt owed to the creditor. No such possession or sale shall occur without prior written authorization from the director. The director may require a detailed inventory or other information deemed necessary to ensure the safe storage, handling and transfer of such alcoholic liquor. The proceeds from any sale executed pursuant to this section shall go to the creditor in satisfaction of any debt owed, with any remaining proceeds to be returned to the debtor.
(c) This act shall not apply in any case in which the court has ordered and directed confiscation of liquors as part of a judgment or conviction.
History:
L. 1968, ch. 354, § 1; L. 2017, ch. 51, § 1; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 11 - Miscellaneous Provisions › 41-1126 Other state fees fund; use and expenditure of moneys in fund; community alcoholism and intoxication programs fund.

41-1126. Other state fees fund; use and expenditure of moneys in fund; community alcoholism and intoxication programs fund.
(a) In addition to other purposes for which expenditures may be made from the other state fees fund of the Kansas department for aging and disability services, moneys in the other state fees fund of the Kansas department for aging and disability services shall be used by the secretary for aging and disability services to provide financial assistance to community-based alcoholism and intoxication treatment programs for the following purposes: (1) Matching money under title XX of the federal social security act to purchase treatment services from approved treatment facilities; (2) providing start-up or expansion grants for halfway houses or rehabilitation centers for alcoholics; (3) purchasing services from approved treatment facilities for persons who are needy but who are not eligible for assistance under either title XIX or title XX of the federal social security act, and administrative costs of the alcohol and drug abuse section which shall not exceed 10% of the total moneys in the community alcoholism and intoxication programs fund; and (4) assisting to develop programs for prevention, education, early identification and facility assistance and review team.
(b) No state alcohol treatment program at Osawatomie state hospital, Rainbow mental health facility or Larned state hospital shall receive any moneys under the provisions of subsection (a) of this section.
(c) There is hereby established in the state treasury the community alcoholism and intoxication programs fund.
(d) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the community alcoholism and intoxication programs fund interest earnings based on:
(1) The average daily balance of moneys in the community alcoholism and intoxication programs fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(e) All expenditures from the community alcoholism and intoxication programs fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for aging and disability services or the secretary's designee.
History:
L. 1977, ch. 167, § 6; L. 1977, ch. 168, § 4; L. 1978, ch. 349, § 4; L. 1995, ch. 219, § 12; L. 2014, ch. 1, § 4; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 11 - Miscellaneous Provisions › 41-1127 Sections part of liquor control act.

41-1127.
Sections part of liquor control act.
K.S.A. 41-307a, 41-308b, 41-331 through 41-341, 41-728 and 41-729 shall be part of and supplemental to the Kansas liquor control act.
History:
L. 1987, ch. 182, § 139; April 30.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 12 - Temporary Permits › 41-1202 Temporary permit holders; acquisition of alcoholic liquor and cereal malt beverage; conduct within boundary of permitted premises.

41-1202. Temporary permit holders; acquisition of alcoholic liquor and cereal malt beverage; conduct within boundary of permitted premises.
(a) A temporary permit holder shall only purchase alcoholic liquor or cereal malt beverage from a retailer or a farm winery and may receive delivery of such alcoholic liquor or cereal malt beverage from a distributor.
(b) Temporary permit holders shall only purchase alcoholic liquor or cereal malt beverage from a retailer who possesses a federal wholesaler's basic permit and who has a sign on display at the licensed premises that states that the licensee is a "Wholesale Liquor Dealer Under Federal Law." All alcoholic liquor or cereal malt beverage purchased on any one day shall be removed from the licensed premises of the retailer or farm winery within 48 hours. Temporary permit holders shall not warehouse any alcoholic liquor or cereal malt beverage on the licensed premises of any retailer or farm winery for more than 48 hours.
(c) Each temporary permit holder, when purchasing alcoholic liquor or cereal malt beverage from a retailer or farm winery, shall obtain and keep for at least one year from the date of purchase a sales receipt that contains the following information:
(1) The date of purchase;
(2) the name and address of the retailer or farm winery;
(3) the name and address of the temporary permit holder as it appears on the temporary permit;
(4) the brand, size, proof and amount of all alcoholic liquor or cereal malt beverage purchased; and
(5) the subtotal of the cost of all alcoholic liquor or cereal malt beverage purchased, and the total cost of such purchase, including enforcement tax.
(d) Each temporary permit holder shall be responsible for all violations of the club and drinking establishment act by the following people while on the permit premises:
(1) An employee of the temporary permit holder, or of any person contracting with the temporary permit holder to provide services or food in connection with an event; or
(2) any individual dispensing, mixing or serving alcoholic liquor or cereal malt beverage at an event.
(e) Except for a temporary permit holder who has obtained such permit for the sale of alcoholic liquor at a charitable auction or for the sale of one or more limited issue porcelain containers containing alcoholic liquor, no temporary permit holder shall sell alcoholic liquor or cereal malt beverage for removal from or consumption off the licensed premises, except that alcoholic liquor or cereal malt beverage may be removed to a drinking establishment that has extended its premises into the event area in accordance with K.S.A. 41-2608, and amendments thereto.
(f) The boundary of any premises covered by a temporary permit shall be marked by a line of demarcation.
History:
L. 2019, ch. 57, § 2; L. 2021, ch. 107, § 14; May 27.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 12 - Temporary Permits › 41-1203 Dispensing alcoholic liquor and cereal malt beverage; carrying alcoholic liquor and cereal malt beverage onto permitted premises.

41-1203. Dispensing alcoholic liquor and cereal malt beverage; carrying alcoholic liquor and cereal malt beverage onto permitted premises.
(a) All alcoholic liquor or cereal malt beverage sold at an event covered by a temporary permit shall be dispensed only from original containers.
(b) An individual may carry an original container of alcoholic liquor or cereal malt beverage onto the event premises with the approval of the temporary permit holder and under the following conditions:
(1) The temporary permit holder shall not store any such containers of alcoholic liquor or cereal malt beverage on the event premises; and
(2) each individual carrying any such container onto the event premises shall remove such container when the individual exits the event premises.
History:
L. 2019, ch. 57, § 3; L. 2021, ch. 107, § 15; May 27.