reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 2 - Division Of Alcoholic Beverage Control › 41-208 Power to regulate alcoholic liquor.

41-208.
Power to regulate alcoholic liquor.
(a) Except as specifically provided in the Kansas liquor control act, the power to regulate all phases of the manufacture, distribution, sale, possession, transportation and traffic in alcoholic liquor and the manufacture of beer regardless of its alcoholic content, is vested exclusively in the state and shall be exercised as provided in the Kansas liquor control act. No city or county shall enact any ordinance or resolution which is in conflict with the provisions of the Kansas liquor control act and any such ordinance or resolution shall be null and void.
(b) Nothing contained in this section shall be construed as preventing any city from enacting ordinances declaring acts prohibited or made unlawful by this act as unlawful or prohibited in such city and prescribing penalties for violation thereof, but the minimum penalty in any such ordinance shall not be less than the minimum penalty prescribed by this act for the same violation, nor shall the maximum penalty in any such ordinance exceed the maximum penalty prescribed by this act for the same violation.
(c) The provisions of this act are severable. If any provision of this act is held to be invalid or unconstitutional, it shall be presumed conclusively that the legislature would have enacted the remainder of this act without such invalid or unconstitutional provision.
History:
L. 1949, ch. 242, § 13; L. 2005, ch. 201, § 2; November 15.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 2 - Division Of Alcoholic Beverage Control › 41-209 Director; powers and duties.

41-209.
Director; powers and duties.
The director shall have the following powers, functions and duties:
(a) To receive applications for, and to issue and revoke licenses to manufacturers, distributors, nonbeverage users and retailers in accordance with the provisions of this act;
(b) to call upon other administrative departments of the state, county and city governments, sheriffs, city police departments, city marshals, law enforcement officers and upon prosecuting officers for such information and assistance as the director deems necessary in the performance of the duties imposed upon the director by this act;
(c) to inspect or cause to be inspected, any premises where alcoholic liquors are manufactured, distributed or sold;
(d) in the conduct of any hearing authorized to be held by the director to examine, or cause to be examined, under oath, any person, and to examine or cause to be examined books and records of any licensee; to hear testimony and take proof material for the information of the director in the discharge of such duties hereunder; to administer or cause to be administered oaths; and for any such purposes to issue subpoenas to require the attendance of witnesses and the production of books which shall be effective in any part of this state; and any district court or any judge of the district court, may by order duly entered, require the attendance of witnesses and the production of relevant books subpoenaed by the director, and the court or judge may compel obedience to the order by proceedings for contempt;
(e) to collect, receive, account for and turn over to the secretary of revenue all registration and license fees and taxes provided for in this act and all other moneys received by the director by virtue of the director's office; and
(f) such other powers, functions and duties as are or may be imposed or conferred upon the director by law.
History:
L. 1949, ch. 242, § 14; L. 1976, ch. 145, § 192; L. 1985, ch. 170, § 1; L. 2007, ch. 190, § 9; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 2 - Division Of Alcoholic Beverage Control › 41-210 Rules and regulations; procedure for adoption; powers of director.

41-210.
Rules and regulations; procedure for adoption; powers of director.
(a) The director shall propose such rules and regulations as necessary to carry out the intent and purposes of this act. After the hearing on a proposed rule and regulation has been held as required by law, the director shall submit the proposed rule and regulation to the secretary of revenue who, if the secretary approves it, shall adopt the rule and regulation.
(b) It is intended by this act that the director of alcoholic beverage control shall have broad discretionary powers to govern the traffic in alcoholic liquors and to enforce strictly all the provisions of this act in the interest of sanitation, purity of products, truthful representation and honest dealings in such manner as generally will promote the public health and welfare. All valid rules and regulations adopted under the provisions of this act shall be absolutely binding upon all licensees and enforceable by the director of alcoholic beverage control through the power of suspension or revocation of licenses.
History: L. 1949, ch. 242, § 15; L. 1965, ch. 506, § 23; L. 1972, ch. 342, § 119; L. 1985, ch. 170, § 2; L. 1987, ch. 182, § 10; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 2 - Division Of Alcoholic Beverage Control › 41-212 Director; beer sales by cereal malt beverage licensee study; oversight of sales; rules and regulations.

41-212. Director; beer sales by cereal malt beverage licensee study; oversight of sales; rules and regulations.
(a) Following the 10th anniversary of the effective date of this act, the director shall conduct, based on information available to the director, a market impact study of the sale of beer containing not more than 6% alcohol by volume by persons licensed as cereal malt beverage retailers pursuant to K.S.A. 41-2702, and amendments thereto. Such study shall include, but not be limited to, the changes subsequent to the effective date of this act, if any, in the number of retailers and the reasons for any changes; the changes subsequent to the effective date of this act, if any, in the number of persons licensed to sell cereal malt beverage in the original package for use or consumption off of and away from the licensed premises, and the reasons for any changes; the effect of this act on state and local tax revenues; the impact of this act on employment; and such other factors as the director deems pertinent. A report on the director's findings from such study shall be submitted to the legislature prior to adjournment of the 2029 session of the legislature.
(b) The director shall have oversight over the sale of beer containing not more than 6% alcohol by volume by persons licensed as cereal malt beverage retailers pursuant to K.S.A. 41-2702, and amendments thereto, to ensure that such sales promote an orderly market. For such purpose, the director may adopt such rules and regulations as the director deems necessary and appropriate, including rules and regulations making applicable to cereal malt beverage retailers selling beer containing not more than 6% alcohol by volume such provisions of the existing rules and regulations concerning industry trade practices as are necessary and appropriate. The rules and regulations authorized by this section shall be promulgated by the director on or before July 1, 2018.
History:
L. 2017, ch. 56, § 3; L. 2018, ch. 8, § 2; April 1, 2019.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 2 - Division Of Alcoholic Beverage Control › 41-213 Alcoholic beverage control modernization fee; assessment and disposition; alcoholic beverage control modernization fund created.

41-213. Alcoholic beverage control modernization fee; assessment and disposition; alcoholic beverage control modernization fund created.
(a) In addition to any initial application or renewal application fee prescribed pursuant to K.S.A. 41-317 and 41-2606, and amendments thereto, each applicant for an initial application or a renewal application of a license shall pay at the time of application or renewal a non-refundable alcoholic beverage control modernization fee in the amount of $20. All revenue from the alcoholic beverage control modernization fee collected and remitted to the director of alcoholic beverage control shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount into the state treasury to the credit of the alcoholic beverage control modernization fund.
(b) There is hereby created in the state treasury the alcoholic beverage control modernization fund. All moneys credited to the alcoholic beverage control modernization fund shall be used by the department of revenue only for the purpose of funding the replacement of the work processes, computer hardware and software and related equipment associated with the division of alcoholic beverage control's functions related to licensing, permitting and case management and supporting administrative processes, including maintenance, operation, repair and upgrade of such computer hardware, software and related equipment. All expenditures from the alcoholic beverage control modernization fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of alcoholic beverage control or the director's designee.
History:
L. 2018, ch. 11, § 1; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-301 Retailer's license, premises within city.

41-301.
Retailer's license, premises within city.
(a) Except as provided by subsection (b), the director shall issue to qualified applicants, who have filed the bond and paid the registration and license fees required by this act, licenses to sell at retail alcoholic liquor in the original package on premises within the corporate limits of cities and outside the corporate limits of any city.
(b) No retailer's license shall be issued for premises within a city if the governing body of such city, on or before February 15, 2006, adopts an ordinance prohibiting the licensing of the sale at retail of alcoholic liquor in the original package within such city. Upon adoption of such ordinance, the city clerk promptly shall transmit a copy of such ordinance to the director and the director shall refuse to issue licenses to sell at retail alcoholic liquor in the original package in such city. If the governing body adopts such an ordinance, the holder of any valid existing retailer's license for premises in such city shall have the right to continue to operate under such license for a period of 90 days after the effective date of the ordinance or until the expiration of such license, whichever period of time is shorter. If such period of time expires before the expiration of the term for which the retailer's license was issued, the licensee shall be entitled to a refund of the license fee for the unexpired portion of the license period which remains, in accordance with rules and regulations adopted by the secretary.
(c) No retailer's license shall be issued for premises within a city if, after November 15, 2005, a majority of the qualified voters of such city voting at an election held as provided by K.S.A. 41-302, and amendments thereto, votes against the licensing of the sale at retail of alcoholic liquor in the original package within such city unless, at a subsequent election, a majority of the qualified voters of such city voting at such election votes in favor of the licensing of the sale at retail of alcoholic liquor in the original package within such city.
History:
L. 1949, ch. 242, § 17; L. 2005, ch. 201, § 3; November 15.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-303 Retailer's license, premises outside city.

41-303.
Retailer's license, premises outside city.
(a) The director may issue to qualified applicants licenses to sell at retail alcoholic liquor in the original package on premises not located in an incorporated city for use or consumption off the premises. No such license shall be issued to any applicant unless the applicant possesses all the qualifications required of other applicants for retailers' licenses except the qualification of residency within a city.
No such license shall be issued to any applicant under this section unless the board of county commissioners of the county in which the premises for which licensure is sought are located adopts a resolution approving the issuance of such license. A certified copy of such resolution shall accompany the application for a license authorized by this section.
(b) If a license has been issued under the provisions of this section in the unincorporated area of a county and thereafter the premises so licensed are annexed to a city wherein retail liquor licenses may be issued, such license shall continue to be valid and may be renewed at the appropriate time even though the licensee does not reside in the city to which the area is annexed if the licensee otherwise is qualified and resides in the township in which the premises were located prior to annexation or in the city to which the premises have been annexed.
(c) Any retail license issued prior to the effective date of this act for premises not located in an incorporated city shall continue to be valid and such premises shall continue to be eligible for licensure if the board of county commissioners of the county in which the premises are located has adopted a resolution approving the issuance of such license. A certified copy of such resolution shall accompany the application for a license authorized by this subsection.
History:
L. 1949, ch. 242, § 19; L. 1965, ch. 315, § 1; L. 1967, ch. 275, § 1; L. 2000, ch. 166, § 1; L. 2004, ch. 94, § 2; L. 2005, ch. 201, § 5; L. 2008, ch. 126, § 5; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-304 Classes of licenses.

41-304. Classes of licenses.
Licenses issued by the director shall be of the following classes: (a) Manufacturer's license; (b) spirits distributor's license; (c) wine distributor's license; (d) beer distributor's license; (e) retailer's license; (f) microbrewery license; (g) microdistillery license; (h) farm winery license; (i) producer's license; and (j) nonbeverage user's license.
History:
L. 1949, ch. 242, § 20; L. 1983, ch. 161, § 2; L. 1987, ch. 182, § 11; L. 2012, ch. 144, § 5; L. 2019, ch. 57, § 11; May 2.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-305 Manufacturer's license; rights of licensee; samples; other.

41-305. Manufacturer's license; rights of licensee; samples; other.
(a) A manufacturer's license shall allow the manufacture and storage of alcoholic liquor and cereal malt beverage and the sale of alcoholic liquor and cereal malt beverage to distributors and nonbeverage users licensed in this state and to such persons outside this state as permitted by law.
(b) A manufacturer's license also shall allow the serving free of charge on the licensed premises of samples of alcoholic liquor manufactured by the licensee, provided the premises are located in a county where the sale of alcoholic liquor is permitted by law in licensed drinking establishments. Samples shall be served by the licensee, or an employee or agent thereof. No sample shall be served to an individual who is a minor. No individual shall remove all or any portion of a sample from the licensed premises. Nothing in this subsection shall be construed to permit the licensee to sell any alcoholic liquor for consumption on the premises.
(c) A person holding a farm winery license issued pursuant to K.S.A. 41-308a, and amendments thereto, may also be issued a manufacturer's license; provided, that no alcoholic liquor or cereal malt beverage manufactured by such licensee shall be sold by such licensee at its licensed premises or at any of such licensee's winery outlets.
History:
L. 1949, ch. 242, § 21; L. 1985, ch. 168, § 3; L. 1987, ch. 182, § 12; L. 2009, ch. 114, § 3; L. 2012, ch. 144, § 6; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-308d Retailer's license; wine, beer and spirits tastings; rules and regulations.

41-308d. Retailer's license; wine, beer and spirits tastings; rules and regulations.
(a) Notwithstanding any other provisions of the Kansas liquor control act to the contrary, any person or entity who is licensed to sell alcoholic liquor in the original package at retail may conduct wine, beer and distilled spirit tastings on the licensed premises, or adjacent premises, monitored and regulated by the division of alcoholic beverage control, as follows:
(1) Wine, beer and spirits for the tastings shall come from the inventory of the licensee. Except as provided by paragraph (2), a person other than the licensee or the licensee's agent or employee may not dispense or participate in the dispensing of alcoholic beverages under this section.
(2) The holder of a supplier's permit or Kansas farm winery license or such permit holder's or licensee's agent or employee may participate in and conduct product tastings of alcoholic beverages at a retail licensee's premises, or adjacent premises, monitored and regulated by the division of alcoholic beverage control, and may open, touch, or pour alcoholic beverages, make a presentation, or answer questions at the tasting. Any alcoholic beverage tasted under this subsection must be purchased from the retailer on whose premises the tasting is held. The retailer may not require the purchase of more alcoholic beverages than are necessary for the tasting. This section does not authorize the supplier, farm winery licensee or the supplier's or licensee's agent to withdraw or purchase an alcoholic beverage from the holder of a distributor's permit or provide an alcoholic beverage for tasting on a retailer's premises that is not purchased from the retailer.
(3) No charge of any sort may be made for a sample serving.
(4) A person may be served more than one sample. Samples may not be served to a minor. No samples may be removed from the licensed premises.
(5) The act of providing samples to consumers shall be exempt from the requirement of holding a Kansas food service dealer license from the department of agriculture under the provisions of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
(b) Nothing in this section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.
(c) The provisions of this section shall take effect and be in force from and after July 1, 2012.
(d) All rules and regulations adopted on and after July 1, 2012, and prior to July 1, 2013, to implement this section shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the secretary until revised, amended, revoked or nullified pursuant to law.
(e) This section shall be a part of and supplemental to the Kansas liquor control act.
History:
L. 2012, ch. 144, § 3; L. 2013, ch. 130, § 4; L. 2014, ch. 75, § 3; April 24.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-309 Nonbeverage user's license; rights of licensee.

41-309.
Nonbeverage user's license; rights of licensee.
A nonbeverage user's license shall allow the licensee to purchase alcohol or wine from a licensed manufacturer or distributor, without the imposition of any tax upon the business of such licensed manufacturer or distributor as to such alcohol or wine, to be used by such nonbeverage user licensee solely for the nonbeverage purposes set forth in subsection (5) of K.S.A. 41-501: Provided, That if any such licensee is engaged in the business of manufacturing, compounding or preparing pharmaceutical products or similar preparations or products containing alcohol or wine to be sold in both intrastate and interstate commerce, such license shall allow the licensee to purchase at wholesale or otherwise from manufacturers or distributors not licensed in the state and to import alcohol or wine either in barrels, drums, casks or other containers. All such licenses shall be divided and classified and shall permit the purchase during the term for which such licenses shall be issued of limited and stated quantities of alcohol or wine as follows:
Class 1, not to exceed    100 gallons
Class 2, not to exceed    1,000 gallons
Class 3, not to exceed    5,000 gallons
Class 4, not to exceed    10,000 gallons
Class 5, in excess of    10,000 gallons
History:
L. 1949, ch. 242, § 25; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-311b Licensure of nonresidents.

41-311b. Licensure of nonresidents.
(a) If an applicant for licensure is not a resident of the state of Kansas on the date of submission of such application, the director may require the individual applicant, or if the applicant is a corporation, partnership or trust, each individual officer, director, stockholder, copartner or trustee to:
(1) Submit to a national criminal history record check and provide the director with a legible set of fingerprints;
(2) disclose to the director any substantial financial interest the applicant owns in any entity that receives proceeds from the sale of alcoholic beverages; and
(3) submit a release allowing the director to have access to and review of the applicant's financial records to verify ownership and to ensure applicant is not an agent of another person. This release shall remain in effect after the license has been issued until the license is canceled or revoked.
(b) The director shall submit the fingerprints provided under subsection (a) to the Kansas bureau of investigation and to the federal bureau of investigation and receive a reply to enable the director to verify the identity of such applicant or such individuals specified in subsection (a) and whether such applicant or such individuals have been convicted of any crimes that would disqualify the applicant or such individuals from holding a license under the liquor control act. The director is authorized to use the information obtained from the national criminal history record check to determine such applicant's or individual's eligibility to hold a license under the liquor control act.
(c) All costs incurred pursuant to this section to ensure that the applicant is qualified for licensure shall be paid by the applicant.
History:
L. 2001, ch. 55, § 2; L. 2021, ch. 107, § 7; May 27.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-311c Licensure qualifications for limited liability company.

41-311c. Licensure qualifications for limited liability company.
(a) Notwithstanding any other provision of law, any limited liability company applying for a retailer's license under the Kansas liquor control act shall be required to meet the qualifications for licensure of a copartnership under K.S.A. 41-311, and amendments thereto. Any limited liability company applying for a license other than a retailer's license shall be required to meet the qualifications for licensure of a corporation under K.S.A. 41-311 and K.S.A. 41-311b, and amendments thereto.
(b) Any limited liability company applying for a license under the Kansas liquor control act shall submit a copy of its articles of organization and operating agreement to the director in such form and manner as prescribed by the director.
(c) This section shall be a part of and supplemental to the Kansas liquor control act.
History:
L. 2015, ch. 82, § 8; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-315 Retail license; applies only to premises described; removal; procedure.

41-315.
Retail license; applies only to premises described; removal; procedure.
Retail licenses issued hereunder shall apply only to the premises described in the application and in the license issued thereon, and only one location shall be so described in each license. After such retail license has been granted for particular premises in any city, the director, upon proper showing, may endorse upon the license permission to abandon the premises, but in order to obtain such permission the retail licensee shall file with the director a request in writing, and a statement under oath which shall show that the premises to which removal is to be made comply in all respects with the requirements of this act. No such removal shall be made by any licensee until his said license has been endorsed to that effect in writing by the director.
History:
L. 1949, ch. 242, § 31; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-316 Issuance of licenses.

41-316. Issuance of licenses.
Licenses to manufacturers, distributors, microbreweries, microdistilleries, farm wineries, producers and nonbeverage users of alcoholic liquors shall be issued and renewed by the director to qualified applicants upon written application, receipt of bond properly executed and payment in advance of the state registration fee and the license fee.
History:
L. 1949, ch. 242, § 32; L. 1983, ch. 161, § 8; L. 1987, ch. 182, § 25; L. 2012, ch. 144, § 16; L. 2019, ch. 57, § 14; May 2.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-318 Procedure upon application for original retailer's license; notice and hearing; recommendations of city or township.

41-318.
Procedure upon application for original retailer's license; notice and hearing; recommendations of city or township.
When application for a retailer's license to sell alcoholic liquor in the original package in any city or township as authorized by K.S.A. 41-303, and amendments thereto, is filed with the director, the director shall notify the city clerk of the city or the township clerk of the township where such license is sought. Such notice shall state the date and place where a hearing will be held on such application. No such license shall be issued by the director until the expiration of at least 10 days from the time of filing such application with the director, during which period the governing body of such city or the township board of such township may make advisory recommendations relative to the granting or refusal to grant a license. The hearing on the application shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History:
L. 1949, ch. 242, § 34; L. 1988, ch. 356, § 132; L. 1990, ch. 179, § 2; L. 2000, ch. 166, § 2; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-319 Time limit on grant or denial of license.

41-319. Time limit on grant or denial of license.
(a) Except as provided by subsection (b), within 30 days after an application is filed for a retailer's, microbrewery, microdistillery, farm winery license or producer license and within 20 days after an application is filed for a manufacturer's, distributor's or nonbeverage user's license, the director shall enter an order either denying or granting the license. If the director does not enter an order within the time prescribed, the license applied for shall be deemed to have been denied. The director, with the written consent of the applicant for a license, may delay entering an order on an application for an additional period of not to exceed 30 days.
(b) In order to complete any national criminal history record check of an applicant who submitted any application after January 31, 2001, and if the applicant is not a resident of the state of Kansas on the date of submission of such application or has not been a resident for at least one year immediately preceding the date of submission of such application the director shall enter an order either denying or granting the license within 90 days after such application is filed. If the director does not enter an order within the time prescribed, the license applied for shall be deemed to have been denied. The director, with the written consent of the applicant for a license, may delay entering an order on an application for an additional period of not to exceed 30 days.
History:
L. 1949, ch. 242, § 35; L. 1983, ch. 161, § 10; L. 1986, ch. 318, § 45; L. 1987, ch. 182, § 27; L. 2001, ch. 55, § 4; L. 2012, ch. 144, § 18; L. 2015, ch. 82, § 12; L. 2019, ch. 57, § 16; May 2.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-320 Application of Kansas administrative procedure act to proceedings; hearings; director as presiding officer.

41-320. Application of Kansas administrative procedure act to proceedings; hearings; director as presiding officer.
(a) The provisions of the Kansas administrative procedure act shall apply to all proceedings involving the following:
(1) Denial of an application for any license to be issued pursuant to the Kansas liquor control act;
(2) suspension of any license issued pursuant to the Kansas liquor control act;
(3) involuntary cancellation of any license issued pursuant to the Kansas liquor control act;
(4) revocation of any license issued pursuant to the Kansas liquor control act; and
(5) assessment of any civil fine pursuant to K.S.A. 41-328, and amendments thereto.
(b) Except as provided in subsection (c), no license shall be suspended, involuntarily canceled or revoked unless there is an opportunity for a hearing before the director.
(c) When proceedings for the suspension, involuntary cancellation or revocation of a distributor's license are filed and the distributor has been issued more than one license for distributing places of business in this state, any order of the director suspending or revoking the license at any one place of business shall suspend or revoke all licenses issued to the distributor. When one person is the holder of stock or an ownership interest in two or more corporations licensed as distributors under the provisions of this act, any order of the director suspending or revoking the license of any such corporation shall operate as a suspension or revocation of the license of all corporations licensed as distributors in which the person is a stockholder.
(d) Notwithstanding any provision of the law to the contrary, the secretary may designate the director to be the presiding officer in any proceeding conducted pursuant to this section.
History:
L. 1949, ch. 242, § 36; L. 1953, ch. 238, § 5; L. 1983, ch. 161, § 11; L. 1985, ch. 170, § 5; L. 1987, ch. 182, § 28; L. 1988, ch. 356, § 133; L. 2012, ch. 144, § 19; L. 2015, ch. 82, § 13; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-320a Suspension, involuntary cancellation or revocation of license; grounds.

41-320a. Suspension, involuntary cancellation or revocation of license; grounds.
(a) The director may suspend, involuntarily cancel or revoke any license issued pursuant to the Kansas liquor control act if, after notice and an opportunity for a hearing, the director determines that the licensee has:
(1) Fraudulently obtained the license by providing false information on the application therefor, or at any hearing thereon;
(2) violated any of the provisions of the Kansas liquor control act, any rules or regulations adopted pursuant to such act or any lawful order issued by the director; or
(3) become ineligible to obtain a license or permit under K.S.A. 41-311 or 41-311b, and amendments thereto.
(b) This section shall be a part of and supplemental to the Kansas liquor control act.
History:
L. 2015, ch. 82, § 11; L. 2021, ch. 107, § 8; May 27.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-321 Refusal, suspension, involuntary cancellation or revocation of license; appeal to secretary.

41-321. Refusal, suspension, involuntary cancellation or revocation of license; appeal to secretary.
(a) Whenever the director denies an application for any license or suspends, involuntarily cancels or revokes any license, the director shall prepare an order so providing which shall be signed by the director, or a person designated by the director, and the seal of the director shall be affixed thereto. The order shall state the reason or reasons for the denial, suspension, involuntary cancellation or revocation. The order shall be served in accordance with the provisions of K.S.A. 77-531, and amendments thereto.
(b) Any applicant or licensee aggrieved by any order of the director may appeal from such order to the secretary by filing a notice of appeal with the secretary. Such notice of appeal must either be mailed to the secretary by certified mail or filed with the secretary within 15 days after service of the order appealed from or, if such appeal is taken because the director has failed to enter the order on an application for a license, within 15 days after the date an application for a license is considered to have been denied as provided in K.S.A. 41-319, and amendments thereto. The notice of appeal shall be on a form which shall be prescribed and furnished by the secretary. Whenever any such notice of appeal is filed, the secretary shall notify, in writing, the director of such appeal. Review of a director's order by the secretary shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History:
L. 1949, ch. 242, § 37; L. 1985, ch. 170, § 6; L. 1986, ch. 318, § 46; L. 1987, ch. 182, § 29; L. 1988, ch. 356, § 134; L. 1989, ch. 146, § 1; L. 2015, ch. 82, § 14; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-322 Same; powers of secretary; subpoenas.

41-322.
Same; powers of secretary; subpoenas.
For the purpose of hearing or conducting any appeal authorized to be heard by the secretary, the secretary shall have power to examine, or cause to be examined, under oath, any licensee, the director, or other person, and to examine or cause to be examined books and records of any such licensee; to hear testimony and take proof material for its information in hearing such appeal; to administer or cause to be administered oaths; and for any such purposes to issue subpoenas to require the attendance of witnesses and the production of books which shall be effective in any part of this state; and any district court or any judge thereof either in term time or vacation, may by order duly entered, require the attendance of witnesses and the production of relevant books subpoenaed by the secretary and the district court or judge may compel obedience to the order by proceedings for contempt.
History:
L. 1949, ch. 242, § 38; L. 1976, ch. 145, § 193; L. 1987, ch. 182, § 30; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-323 Same; judicial review of secretary's decision.

41-323.
Same; judicial review of secretary's decision.
Any action of the secretary pursuant to K.S.A. 41-321, and amendments thereto, is subject to review in accordance with the Kansas judicial review act. At the time of the filing of the petition for review, the petitioner shall give a bond for costs conditioned on the petitioner's prosecuting the appeal without delay and paying all costs assessed against the petitioner. If review of the decision of the district court is sought pursuant to K.S.A. 77-623, and amendments thereto, the director shall not be required to give a bond on such review.
History:
L. 1949, ch. 242, § 39; L. 1986, ch. 318, § 47; L. 1987, ch. 182, § 31; L. 2010, ch. 17, § 69; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-324 Same; duty of county or district attorney.

41-324.
Same; duty of county or district attorney.
Upon the request of the director, the county or district attorney of any county where a review is pending in the district court under this act shall appear and defend or assist in defending against such review on behalf of the state of Kansas and shall be entitled to receive compensation of $25 per day for each day actually spent in court by such county or district attorney in defending or assisting in defending against such review. Such compensation shall be paid by the director from the liquor control administration fund.
History:
L. 1949, ch. 242, § 40; L. 1986, ch. 318, § 48; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-325 Display of licenses.

41-325.
Display of licenses.
Every licensee shall cause his license to be framed and hung in plain view in a conspicuous place on the licensed premises.
History:
L. 1949, ch. 242, § 41; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-326 Licenses; term; assignability; refund of fees, when.

41-326. Licenses; term; assignability; refund of fees, when.
(a) A license shall be purely a personal privilege, valid for not to exceed two years after issuance, except as otherwise provided by law, unless sooner suspended, involuntarily canceled or revoked, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. A license shall not descend by the laws of testate or intestate devolution but shall cease and expire upon the death of the licensee except that executors, administrators or representatives of the estate of any deceased licensee and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale, distribution or manufacture of alcoholic liquor under order of the appropriate court and may exercise the privilege of the deceased, insolvent or bankrupt licensee after the death of such decedent, or after such insolvency or bankruptcy, until the expiration of such license but not longer than one year after the death, bankruptcy or insolvency of such licensee.
(b) When the licensee pays the full amount of the license fee upon application and is prevented from operating under such license in accordance with the provisions of this act for the entire second year of the license term, a refund shall be made of one-half of the license fee paid by such licensee. The secretary of revenue may adopt rules and regulations pursuant to K.S.A. 41-210, and amendments thereto, which provide for the authorization of refunds of one-half of the license fee paid when the licensee does not use such license for the entire second year of the license term as a result of the cancellation of the license upon the request of the licensee for voluntary reasons.
History:
L. 1949, ch. 242, § 42; L. 1985, ch. 170, § 7; L. 2010, ch. 142, § 9; L. 2015, ch. 82, § 15; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-327 Renewal of license.

41-327.
Renewal of license.
Any licensee may renew his license at the expiration thereof if he is then qualified to receive a license and the premises for which such renewal license is sought are suitable for such purpose.
History:
L. 1949, ch. 242, § 43; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-328 Violations of act; civil penalties.

41-328. Violations of act; civil penalties.
(a) In addition to or in lieu of any other civil or criminal penalty provided by law, the director, upon a finding that a licensee under the Kansas liquor control act has violated any provision thereof, may impose on such licensee a civil fine not exceeding $1,000 for each violation.
(b) No fine shall be imposed pursuant to this section except upon the written order of the director to the licensee who committed the violation. Such order shall state the violation, the fine to be imposed and the right of the licensee to appeal the order. Such order shall be subject to appeal and review in accordance with the provisions of the Kansas administrative procedure act and K.S.A. 41-321, and amendments thereto.
(c) Any fine imposed pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(d) This section shall be part of and supplemental to the Kansas liquor control act.
History:
L. 1979, ch. 151, § 1; L. 1986, ch. 318, § 49; L. 1987, ch. 182, § 32; L. 2001, ch. 5, § 127; L. 2015, ch. 82, § 16; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-328b Administrative orders; civil fines; time limit on orders.

41-328b. Administrative orders; civil fines; time limit on orders.
(a) Notwithstanding the provisions of either the Kansas administrative procedure act, and amendments thereto, or any rule and regulation adopted pursuant to the Kansas liquor control act, and amendments thereto, governing the issuance of any written administrative notice or order concerning the imposition of any proposed civil fine or other penalty to be imposed for a violation of any of the provisions of the Kansas liquor control act, K.S.A. 41-101 et seq., and amendments thereto, such notice or order shall be issued no later than 90 days after the date a citation for such violation was issued.
(b) This section shall be part of and supplemental to the provisions of the Kansas liquor control act, K.S.A. 41-101 et seq., and amendments thereto.
History:
L. 2013, ch. 130, § 1; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-329 Sale in federal area by manufacturer or supplier; revocation of authorization to do business in state.

41-329.
Sale in federal area by manufacturer or supplier; revocation of authorization to do business in state.
(a) If a manufacturer or supplier authorized to do business in this state sells any alcoholic liquor in a federal area, the director shall revoke the manufacturer's or supplier's authorization to do business in accordance with the Kansas liquor control act.
(b) As used in this section, "federal area" has the meaning provided by K.S.A. 41-501, and amendments thereto.
(c) This section shall be part of and supplemental to the Kansas liquor control act.
(d) If any provision of this section or its application to any person or circumstance is held invalid, the invalidity shall not affect any other provision of this act, the Kansas liquor control act or K.S.A. 79-41a01 et seq., and amendments thereto, and, to this end, the provisions of this section are severable.
History:
L. 1982, ch. 424, § 7; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-330 Denial or revocation of license for alcohol-related convictions; notice and hearing.

41-330.
Denial or revocation of license for alcohol-related convictions; notice and hearing.
After notice and an opportunity for hearing in accordance with the provisions of the Kansas administrative procedure act, the director may refuse to issue or renew or may revoke any license provided for by the Kansas liquor control act if:
(a) The licensee or the licensee's spouse has been convicted of a violation of intoxicating liquor laws of any state or the alcoholic beverage control laws of the United States or has forfeited of bond to appear in court to answer charges for any such violation, within the 10 years immediately preceding the date of application for issuance or renewal of the license or the date of revocation; or
(b) the licensee or the licensee's spouse has been convicted of a violation of any of the laws of any state relating to cereal malt beverages, within 10 years immediately preceding the date of application for issuance or renewal of the license or the date of revocation.
History:
L. 1985, ch. 170, § 31; L. 1988, ch. 356, § 135; July 1, 1989.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-331 Suppliers; annual permit; brand registration.

41-331.
Suppliers; annual permit; brand registration.
(a) Every supplier desiring to sell alcoholic liquor or cereal malt beverage to distributors in this state shall be required to obtain an annual permit from the director, unless such supplier is licensed in this state as a manufacturer or distributor. Application for such permit shall be on a form prescribed by rules and regulations of the secretary of revenue and shall be accompanied by an annual permit fee of $25. As a condition of the issuance of such permit, the supplier shall be deemed to have appointed the secretary of state as the resident agent and representative of the supplier to accept service of process from the director and the courts of this state and to accept service of any notice or order provided for in this act, and all such acts by the secretary of state shall be fully binding upon the supplier.
(b) Every supplier desiring to sell alcoholic liquor or cereal malt beverage to distributors in this state shall be required to register each brand of such alcoholic liquor or cereal malt beverage with the director prior to making shipments to distributors in this state. Registration shall be in a form prescribed by rules and regulations of the secretary and shall be accompanied by an annual fee of $25 for each label proposed for sale in this state.
(c) The director, in accordance with the Kansas administrative procedure act, may revoke, suspend or refuse to issue a permit to any supplier found to have violated any provision of the Kansas liquor control act or K.S.A. 41-2701 et seq., and amendments thereto, or any rules and regulations adopted thereunder.
History:
L. 1987, ch. 182, § 125; L. 1989, ch. 147, § 1; L. 1991, ch. 141, § 1; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-332 Same; temporary permit to import certain liquor.

41-332.
Same; temporary permit to import certain liquor.
The director may issue to a supplier a temporary permit allowing such supplier to import into this state to a distributor licensed under the Kansas liquor control act or under K.S.A. 41-2713, and amendments thereto, alcoholic liquor or cereal malt beverage for which such distributor does not have a franchise to sell. The permit shall specifically identify the brand and type of alcoholic liquor or cereal malt beverage for which the permit is issued and the quantity permitted to be imported into the state. Such alcoholic liquor or cereal malt beverage shall not be resold by the distributor and shall not be subject to the tax imposed by K.S.A. 41-501 or 79-3818, and amendments thereto.
History:
L. 1987, ch. 182, § 126; April 30.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-342 Nonalcoholic malt beverages; title of act.

41-342.
Nonalcoholic malt beverages; title of act.
K.S.A. 41-342 through 41-345 shall be known and may be cited as the nonalcoholic malt beverages act.
History:
L. 1990, ch. 178, § 2; May 17.