reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2652 Use of minors to determine compliance with law, limitations.

41-2652.
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 club and drinking establishment 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 club and drinking establishment 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 club and drinking establishment act;
(2) an authorized representative of the attorney general, a county attorney or a district attorney; or
(3) a licensee or permittee under the club and drinking establishment act or such licensee's or permittee's designee pursuant to a self-compliance program designed to increase compliance with the provisions of the club and drinking establishment act if such program has been approved by the director.
History:
L. 2000, ch. 166, § 6; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2653 Removal of alcoholic liquor or cereal malt beverage from premises of club or drinking establishment.

41-2653. Removal of alcoholic liquor or cereal malt beverage from premises of club or drinking establishment.
(a) In addition to the rights of a licensee pursuant to provisions of K.S.A. 41-2637, 41-2641 or 41-2642, and amendments thereto, a class A club license, class B club license or drinking establishment license shall allow the licensee to allow legal patrons of the club or drinking establishment to remove alcoholic liquor or cereal malt beverage from the licensed premises in one or more containers, including in the original unopened container, subject to the following conditions:
(1) It must be otherwise legal for the licensee to sell the alcoholic liquor or cereal malt beverage;
(2) each container of alcoholic liquor or cereal malt beverage must have been purchased by a patron of the licensed premises;
(3) the licensee or the licensee's employee must provide the patron with a dated receipt for the alcoholic liquor or cereal malt beverage;
(4) before any container of alcoholic liquor or cereal malt beverage is removed from the licensed premises, the licensee or the licensee's employee must securely reseal any opened containers, and place the container in a tamper-proof, transparent bag that is sealed in a manner that makes it visibly apparent if the bag is subsequently tampered with or opened;
(5) no original unopened containers of spirits may be removed from the licensed premises; and
(6) no alcoholic liquor or cereal malt beverage may be removed from the licensed premises after 11:00 p.m. unless such alcoholic liquor is wine that was purchased and partially consumed on the licensed premises.
(b) A patron may remove one or more containers of beer, domestic beer and cereal malt beverage, as those terms are defined in K.S.A. 41-102, and amendments thereto, that are sold on the licensed premises to consumers and served in refillable and sealable containers for consumption off the licensed premises if such containers:
(1) Contain between 32 and 64 fluid ounces;
(2) have a label affixed that clearly indicates the licensee's name and the type of alcoholic beverage contained in such container; and
(3) are not sold or removed from the premises after 11:00 p.m.
(d)* All alcoholic liquor, cereal malt beverage and nonalcoholic malt beverage sold by a licensee shall be subject to the tax imposed by K.S.A. 79-41a02, and amendments thereto.
(e)* This section shall be a part of and supplemental to the club and drinking establishment act.
History:
L. 2006, ch. 206, § 7; L. 2020, ch. 1, § 26 (Special Session); L. 2021, ch. 1, § 1; L. 2021, ch. 107, § 32; May 27.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2654 Drinking establishment license; municipal corporation; qualifications.

41-2654.
Drinking establishment license; municipal corporation; qualifications.
(a) The director shall issue a drinking establishment license to any municipal corporation that qualifies under K.S.A. 41-2601 et seq., and amendments thereto, for the premises specified in the license application.
(b) Municipal corporations applying for a drinking establishment license shall not be subject to the provisions of subsection (a)(1) or (a)(3) through (9) of K.S.A. 41-2623, and amendments thereto.
History:
L. 2010, ch. 142, § 4; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2655 Public venue license; rights of licensee.

41-2655. Public venue license; rights of licensee.
(a) A license for a public venue shall allow the licensee to:
(1) Offer for sale, sell and serve alcoholic liquor or cereal malt beverage by the individual drink for consumption on the licensed premises;
(2) offer for sale, sell and serve unlimited drinks for a fixed price in designated areas of the licensed premises;
(3) offer for sale and sell all-inclusive packages that include unlimited drinks in designated areas of the licensed premises;
(4) offer for sale, sell and serve alcoholic liquor or cereal malt beverage in the original container for consumption on the licensed premises in private suites that are enclosed or semi-enclosed seating areas, having controlled access and separated from the general admission areas by a permanent barrier;
(5) store, in each private suite that is an enclosed or semi-enclosed seating area, having controlled access and separated from the general admission areas by a permanent barrier, alcoholic liquor or cereal malt beverage sold in the original container to a customer in that private suite; and
(6) with the approval of the retailer or distributor, return for a full refund of the original purchase price unopened containers of alcoholic liquor or cereal malt beverage to the retailer or distributor from whom such items were purchased upon the conclusion of an event if the next scheduled event for that premises is more than 90 days from the date of the concluded event.
(b) An applicant or public venue licensee shall specify in the application for a license, or renewal of a license, the premises to be licensed. No public venue licensee may offer for sale, sell or serve any alcoholic liquor or cereal malt beverage in any area not included in the licensed premises.
(c) The term "designated areas" for purposes of this section means an area identified in the license application, which may include suites, that has controlled access and is separated from the general admission by a barrier.
(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 club and drinking establishment act.
History:
L. 2012, ch. 144, § 1; L. 2013, ch. 130, § 13; L. 2021, ch. 107, § 33; May 27.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2656 Samples; regulation thereof.

41-2656. Samples; regulation thereof.
(a) Alcoholic liquor and cereal malt beverage for the sampling as provided for in K.S.A. 41-2637, 41-2640, 41-2641 and 41-2642, and amendments thereto, shall be withdrawn from the inventory of the licensee. Except as provided by subsection (b), 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.
(b) The holder of a supplier's permit or such permit holder's agent or employee may participate in and conduct product tastings of alcoholic beverages at a licensee's 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 or cereal malt beverages sampled under this subsection must be purchased from the licensee on whose premises the sampling is held. The licensee may not require the purchase of more alcoholic beverages or cereal malt beverages than is necessary for the tasting. This section does not authorize the supplier or its agent to withdraw or purchase an alcoholic beverage or cereal malt beverage from the holder of a distributor's license or provide an alcoholic beverage or cereal malt beverage for sampling on the licensee's premises that is not purchased from the licensee.
History:
L. 2013, ch. 130, § 15; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2658 Dispensing infused alcoholic liquor and cereal malt beverage.

41-2658. Dispensing infused alcoholic liquor and cereal malt beverage.
(a) Alcoholic liquor or cereal malt beverage shall be dispensed only from original containers, except any drinking establishment licensee or its agent or employee, may dispense:
(1) Alcoholic liquor or cereal malt beverage from a machine or container used to mix alcoholic liquor or cereal malt beverage with other liquids or solids intended for human consumption;
(2) alcoholic liquor or cereal malt beverage from a machine or container used to chill alcoholic liquor or cereal malt beverage that may contain additional liquids or solids intended for human consumption; or
(3) infused alcoholic liquor or cereal malt beverage from a container used to infuse alcoholic liquor or cereal malt beverage with other substances intended for human consumption.
(b) A drinking establishment licensee, or its agent or employee, shall not refill any original container with any alcoholic liquor or cereal malt beverage or any other substance.
(c) Any drinking establishment licensee, or its agent or employee, may infuse alcoholic liquor or cereal malt beverage with spices, herbs, fruits, vegetables, candy or other substances intended for human consumption if no additional fermentation occurs during the process.
(d) As used in this section:
(1) "Dispense" means to portion out servings of alcoholic liquor or cereal malt beverage for consumption. This term includes the pouring of drinks of alcoholic liquor or cereal malt beverage and opening original containers of alcoholic liquor or cereal malt beverage by the licensee or licensee's employee for consumption by customers, and shall not include any self-dispensing by a customer.
(2) "Infuse" means to add flavor or scent to a liquid by steeping additional ingredients in the liquid.
(e) This section shall be a part of and supplemental to the club and drinking establishment act.
History:
L. 2015, ch. 82, § 1; L. 2021, ch. 107, § 34; May 27.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 27 - Cereal Malt Beverages › 41-2701 Definitions.

41-2701. Definitions.
As used in this act unless the context otherwise requires:
(a) "Cereal malt beverage" means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage, as defined in K.S.A. 41-2729, and amendments thereto, but does not include any such liquor which is more than 3.2% alcohol by weight.
(b) "Director" means the director of alcoholic beverage control of the department of revenue.
(c) "Manufacturer" means a manufacturer as defined by K.S.A. 41-102, and amendments thereto.
(d) "Person" means any individual, firm, partnership, corporation or association.
(e) "Retailer" means any person who is licensed under the Kansas cereal malt beverage act and who sells or offers for sale any cereal malt beverage or beer containing not more than 6% alcohol by volume for use or consumption and not for resale in any form.
(f) "Place of business" means any place at which cereal malt beverages or beer containing not more than 6% alcohol by volume are sold.
(g) "Distributor" means a beer distributor licensed pursuant to the Kansas liquor control act.
(h) "Legal age for consumption of cereal malt beverage" means 21 years of age, except that "legal age for consumption of cereal malt beverage" shall mean 18 years of age if at any time the provisions of P.L. 98-363 penalizing states for permitting persons under 21 years of age to consume cereal malt beverage are repealed or otherwise invalidated or nullified.
History:
L. 1937, ch. 214, § 1; L. 1949, ch. 243, § 1; L. 1978, ch. 189, § 1; L. 1985, ch. 171, § 5; L. 1985, ch. 168, § 7; L. 1987, ch. 182, § 97; L. 2006, ch. 160, § 2; L. 2017, ch. 56, § 7; April 1, 2019.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 27 - Cereal Malt Beverages › 41-2703a Licensure qualifications for limited liability company.

41-2703a. Licensure qualifications for limited liability company.
(a) Notwithstanding any other provision of law, any limited liability company applying for a license under the Kansas cereal malt beverage act shall be required to meet the qualifications for licensure of a corporation under K.S.A. 41-2703, and amendments thereto, except that only those individuals owning in the aggregate 25% or more of the ownership interest in such limited liability company shall be required to meet the qualifications for an individual to obtain a license.
(b) Any limited liability company applying for a license under the Kansas cereal malt beverage 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 cereal malt beverage act.
History:
L. 2015, ch. 82, § 10; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 27 - Cereal Malt Beverages › 41-2705 Loans or gifts from manufacturer or distributor prohibited.

41-2705.
Loans or gifts from manufacturer or distributor prohibited.
(a) Except to the extent permitted pursuant to K.S.A. 41-703, and amendments thereto, no retailer, or any officer, associate, member, representative or agent thereof, shall accept, receive or borrow money or anything else of value, or accept or receive credit, directly or indirectly, from: (1) Any manufacturer or distributor; (2) any person connected with, in any way representing or a member of the family of a manufacturer or distributor; (3) any stockholders in a manufacturer or distributor; or (4) any officer, manager, agent or representative of a manufacturer or distributor.
(b) Any licensee who shall permit or assent, or be a party in any way, to any violation or infringement of the provisions of this section or of K.S.A. 41-702 or 41-703, and amendments thereto, shall be deemed guilty of a violation of this act, and any money loaned contrary to a provision of this section shall not be recovered, or any note, mortgage or other evidence of indebtedness, or security, or any lease or contract obtained or made contrary to this act shall be unenforceable and void.
History:
L. 1937, ch. 214, § 5; L. 1947, ch. 238, § 1; L. 1965, ch. 316, § 36; L. 1974, ch. 195, § 4; L. 1975, ch. 253, § 1; L. 1977, ch. 170, § 1; L. 1982, ch. 210, § 3; L. 1987, ch. 182, § 101; January 1, 1988.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 27 - Cereal Malt Beverages › 41-2706 Certain sales on credit or in trade prohibited.

41-2706. Certain sales on credit or in trade prohibited.
(a) Except as provided by subsection (b), no person shall sell or furnish cereal malt beverages or beer containing not more than 6% alcohol by volume at retail to any person on credit; on a passbook; on order on a store; in exchange for any goods, wares or merchandise; or in payment for any services rendered. If any person extends credit for such purpose, the debt attempted to be created shall not be recoverable at law and, in addition, such person shall be subject to the penalties provided in K.S.A. 41-2707, and amendments thereto.
(b) A licensed retailer may sell cereal malt beverages or beer containing not more than 6% alcohol by volume to a consumer on credit pursuant to a credit card which entitles the user to purchase goods or services from at least 100 persons not related to the issuer of the credit card.
History:
L. 1949, ch. 244, § 1; L. 1987, ch. 182, § 102; L. 1995, ch. 266, § 5; L. 2017, ch. 56, § 10; April 1, 2019.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 27 - Cereal Malt Beverages › 41-2707 Same; penalties.

41-2707.
Same; penalties.
No distributor shall sell or furnish cereal malt beverages to a retailer on credit; on a passbook; on order on a store; in exchange for any goods, wares or merchandise; in payment for any service rendered or to be rendered; or by any extension of credit of any kind, type or class. Any distributor or retailer who violates any of the terms of this section or K.S.A. 41-2706, and amendments thereto, shall be subject to all penalties and forfeitures provided by K.S.A. 41-2705 and 41-2708, and amendments thereto, and any debt attempted to be created in violation hereof shall not be recoverable at law.
History:
L. 1949, ch. 244, § 2; L. 1987, ch. 182, § 103; January 1, 1988.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 27 - Cereal Malt Beverages › 41-2709 Injunction proceedings.

41-2709.
Injunction proceedings.
The attorney general, or any county attorney of the state within his county or any city attorney within his city shall at all times have the power to enjoin any party from selling cereal malt beverages within the county or city notwithstanding said party has a license and permit if it shall appear that the licensee has violated any provision or regulation of this act or any of the rules or regulations prescribed under this act. Injunction proceedings shall be the same as is now prescribed for the enjoining of intoxicating liquor nuisances.
History:
L. 1937, ch. 214, § 7; May 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 27 - Cereal Malt Beverages › 41-2711 Penalties for violation of act.

41-2711.
Penalties for violation of act.
Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.
History:
L. 1937, ch. 214, § 8; May 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 27 - Cereal Malt Beverages › 41-2712 Invalidity of part.

41-2712.
Invalidity of part.
Should any court declare any section, clause or provision of this act to be unconstitutional such decision shall affect only such section, clause or provision so declared unconstitutional and shall not affect any other section, clause or provision of this act.
History:
L. 1937, ch. 214, § 9; May 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 27 - Cereal Malt Beverages › 41-2722 Certain sales practices prohibited; penalties.

41-2722. Certain sales practices prohibited; penalties.
(a) No retailer, or employee or agent of a retailer, licensed to sell cereal malt beverage and beer containing not more than 6% alcohol by volume for consumption on the licensed premises shall:
(1) Offer or serve any free cereal malt beverage or beer containing not more than 6% alcohol by volume to any person;
(2) offer or serve to any person a drink at a price that is less than the acquisition cost of the drink to the licensee;
(3) sell, offer to sell or serve to any person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the general public;
(4) encourage or permit, on the licensed premises, any game or contest which involves drinking cereal malt beverage or beer containing not more than 6% alcohol by volume or the awarding of drinks as prizes; or
(5) advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections (a)(1) through (4).
(b) A retailer may:
(1) Offer free food or entertainment at any time;
(2) sell, offer to sell and serve individual drinks at different prices throughout any day; or
(3) sell or serve cereal malt beverage in a pitcher capable of containing not more than 64 fluid ounces.
(c) Violation of any provisions of this section is a misdemeanor punishable as provided by K.S.A. 41-2711, and amendments thereto.
(d) Violation of any provision of this act shall be grounds for suspension or revocation of the retailer's license as provided by K.S.A. 41-2708, and amendments thereto.
(e) Every licensee subject to the provisions of this section shall make available at any time upon request a price list showing the licensee's current prices for all cereal malt beverages and beer containing not more than 6% alcohol by volume.
(f) This section shall be part of and supplemental to K.S.A. 41-2701 through 41-2721, and amendments thereto.
History:
L. 1985, ch. 173, § 5; L. 1986, ch. 185, § 8; L. 2012, ch. 144, § 43; L. 2017, ch. 56, § 12; April 1, 2019.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 27 - Cereal Malt Beverages › 41-2725 Cereal malt beverage prohibited at state capitol.

41-2725.
Cereal malt beverage prohibited at state capitol.
(a) No person shall drink or consume cereal malt beverage in the state capitol building or on the grounds of the state capitol building.
(b) Violation of this section is a misdemeanor punishable by a fine of not less than $50 or more than $200 or by imprisonment for not more than six months, or both.
(c) As used in this section, terms have the meanings provided by K.S.A. 41-2701, and amendments thereto.
History:
L. 1995, ch. 59, § 2; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 27 - Cereal Malt Beverages › 41-2726 Sales below cost prohibited.

41-2726. Sales below cost prohibited.
(a) No retailer licensed under K.S.A. 41-2701 et seq., and amendments thereto, to sell cereal malt beverage or beer containing not more than 6% alcohol by volume in original and unopened containers and not for consumption on the licensed premises shall sell or offer for sale directly or indirectly any cereal malt beverage or beer containing not more than 6% alcohol by volume at a price that is less than the acquisition cost of such cereal malt beverage or beer containing not more than 6% alcohol by volume to the licensee.
(b) The director may issue to a retailer a permit authorizing the retailer to sell cereal malt beverage or beer containing not more than 6% alcohol by volume at less than the acquisition cost thereof, if:
(1) The retailer is actually closing out the retailer's stock for the purpose of completely discontinuing sale of the item for a period of not less than 12 months;
(2) the item is damaged or deteriorated in quality and notice is given to the public thereof; or
(3) the sale of the item is by an officer acting under the order of a court.
(c) Violation of this section is a misdemeanor punishable as provided by K.S.A. 41-2711, and amendments thereto.
(d) Violation of this section shall be grounds for suspension or revocation of the retailer's license as provided by K.S.A. 41-2708, and amendments thereto.
History:
L. 1996, ch. 154, § 8; L. 2017, ch. 56, § 13; April 1, 2019.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 27 - Cereal Malt Beverages › 41-2727 Use of minors to determine compliance with law, exceptions.

41-2727.
Use of minors to determine compliance with law, exceptions.
(a) Any person listed in subsections (b)(1), (b)(2) or (b)(3) may engage or direct a person under the legal age for consumption of cereal malt beverage to violate the provisions of K.S.A. 41-2701 et seq., and amendments thereto, in order to develop a program or system which determines and encourages compliance with the provisions thereof prohibiting the furnishing or sale of cereal malt beverages to a person under the legal age for consumption of cereal malt beverage or the consumption of cereal malt beverages by such persons.
(b) No person shall engage or direct a person under the legal age for consumption of cereal malt beverage to violate any provision of K.S.A. 41-2701 et seq., and amendments thereto, for purposes of determining compliance therewith unless such person is:
(1) An officer having authority to enforce the provisions of K.S.A. 41-2701 et seq., and amendments thereto;
(2) an authorized representative of the attorney general, a county attorney or a district attorney; or
(3) a licensee under the provisions of K.S.A. 41-2701 et seq., and amendments thereto, or such licensee's designee pursuant to a self-compliance program designed to increase compliance with the provisions of K.S.A. 41-2701 et seq., and amendments thereto, if such program has been approved by the director.
History:
L. 2000, ch. 166, § 7; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 27 - Cereal Malt Beverages › 41-2728 Title of act; power to regulate cereal malt beverage.

41-2728.
Title of act; power to regulate cereal malt beverage.
From and after November 15, 2005:
(a) K.S.A. 41-2701 through 41-2727 and section 14*, and amendments thereto, shall be known and may be cited as the Kansas cereal malt beverage act.
(b) Except as specifically provided in the Kansas cereal malt beverage act, the power to regulate all phases of the manufacture, distribution, sale, possession, transportation and traffic in cereal malt beverages is vested exclusively in the state and shall be exercised as provided in the Kansas cereal malt beverage act. No city or county shall enact any ordinance or resolution which is in conflict with the provisions of the Kansas cereal malt beverage act and any such ordinance or resolution shall be null and void.
(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. 2005, ch. 201, § 12; July 1.
* Section 14 stricken from legislation prior to enactment.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 27 - Cereal Malt Beverages › 41-2729 Flavored malt beverages.

41-2729.
Flavored malt beverages.
(a) This act shall be known as the flavored malt beverage act.
(b) "Flavored malt beverage" means a malt beverage which meets the formula definitions as set forth in department of the treasury, alcohol and tobacco tax and trade bureau regulations published January 3, 2005, at 27 C.F.R. Parts 7 and 25.
(c) Notwithstanding any other provision of law, any malt product which meets the formula definitions of 27 C.F.R. Parts 7 and 25 published January 3, 2005, regarding flavored malt beverages shall have imposed upon it the tax rate for malt beverages as set forth in K.S.A. 41-501, and amendments thereto, for beer and cereal malt beverage.
(d) Notwithstanding any other provision of law, any malt product which meets the definitions of 27 C.F.R. Parts 7 and 25 published January 3, 2005, regarding flavored malt beverages shall be deemed in compliance with the labeling requirements of this state when its labeling meets the requirements of 27 C.F.R. Parts 7 and 25 published January 3, 2005.
(e) Any manufacturer or brewer who intends that its products be classified as a flavored malt beverage under this act shall file with the secretary of revenue its registration of such products on a form prescribed by the secretary for such purpose, along with such other documentation as the secretary may require by rules and regulations.
History:
L. 2006, ch. 160, § 1; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 27 - Cereal Malt Beverages › 41-2730 Violations of act; issuance of citations; civil penalties.

41-2730. Violations of act; issuance of citations; civil penalties.
(a) The director, or any properly designated agent of the director, may issue a citation for any violation of the Kansas cereal malt beverage act, or any rules and regulations promulgated thereunder, with regard to the sale, consumption or possession of beer containing not more than 6% alcohol by volume. Any such citation shall be issued in accordance with the provisions of K.S.A. 41-106, and amendments thereto.
(b) In addition to or in lieu of any other civil or criminal penalty provided by law, the director, upon a finding that a retailer, as defined by K.S.A. 41-2701(e), and amendments thereto, has violated a provision of the Kansas liquor control act or the Kansas cereal malt beverage act, or any rules and regulations promulgated thereunder, with regard to the sale, consumption or possession of beer containing not more than 6% alcohol by volume may impose upon such retailer a civil fine not exceeding $1,000 for each violation.
(c) No fine shall be imposed pursuant to this section except upon the written order of the director to the retailer who committed the violation. Such order shall state the violation, the fine to be imposed and the right of the retailer to appeal the order. Such order shall be subject to appeal and review in accordance with the Kansas administrative procedure act.
(d) 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.
(e) This section shall be a part of and supplemental to the Kansas cereal malt beverage act.
History:
L. 2018, ch. 8, § 1; April 1, 2019.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 29 - Miscellaneous › 41-2901 Beer and cereal malt beverage keg registration act; citation.

41-2901.
Beer and cereal malt beverage keg registration act; citation.
This section and K.S.A. 41-2902 through 41-2906, and amendments thereto, shall be known and may be cited as the beer and cereal malt beverage keg registration act.
History:
L. 2002, ch. 44, § 1; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 29 - Miscellaneous › 41-2902 Same; regulation by cities and counties, limitations.

41-2902.
Same; regulation by cities and counties, limitations.
Any ordinance or resolution adopted by a city or county which supplements or is in conflict with or contrary to the provisions of the beer and cereal malt beverage keg registration act shall be null and void.
History:
L. 2002, ch. 44, § 2; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 29 - Miscellaneous › 41-2903 Same; retailer's liability, limitation.

41-2903.
Same; retailer's liability, limitation.
Nothing in the beer and cereal malt beverage keg registration act shall be construed as creating a private cause of action against a retailer or a retailer's agent or employee.
History:
L. 2002, ch. 44, § 3; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 29 - Miscellaneous › 41-2904 Same; civil and administrative actions, recovery of fees and costs, when.

41-2904.
Same; civil and administrative actions, recovery of fees and costs, when.
In any civil or administrative action brought against a retailer or a retailer's agent or employee for a violation of the beer and cereal malt beverage keg registration act, in which the defendant is the prevailing party, the court or presiding officer may award to the defendant reasonable attorney's fees and all other reasonable costs if the court or presiding officer finds the action was not brought in good faith or was brought without a reasonable basis in fact or law.
History:
L. 2002, ch. 44, § 4; July 1.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 1 - General Provisions › 42-106 Works constructed prior to 1884.

42-106.
Works constructed prior to 1884.
Where any canal, ditch, flume or aqueduct which is the property of any individual, company, or corporation, and is used for the purpose of irrigating lands, has been located or constructed on or over any tract of land with the knowledge or consent of the owner of such lands, or upon or over any tract of land owned by the United States, and prior to the occupation of the same by any settler for the purpose of entry under any act of congress, such location and construction shall be prima facie evidence that the same was rightful; and such canal, ditch, flume or aqueduct shall be deemed and held to come within the provisions and protection of K.S.A. 42-122: Provided, however, That such canal, ditch, flume or aqueduct shall have been constructed for a period of at least two years prior to the first day of January, A.D. eighteen hundred and eighty-six.
History:
L. 1886, ch. 115, § 6; February 26; R.S. 1923, 42-106.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 1 - General Provisions › 42-107 Rights of way acquired on unoccupied lands prior to 1892.

42-107.
Rights of way acquired on unoccupied lands prior to 1892.
Any individual, company or corporation who has heretofore constructed any canal, ditch, flume or aqueduct for purposes of irrigation upon or over lands unoccupied at the time of such construction, who shall maintain the same for the period of five years succeeding such construction, without objection in writing from the owner of such land, or subsequent claimant under the laws of the United States or of the state of Kansas, shall after the expiration of said period of five years be deemed and held to have acquired a permanent right of way for such canal, ditch, flume or aqueduct, not exceeding, however, the total width of three times the width of such canal, ditch, flume, or aqueduct.
History:
L. 1886, ch. 115, § 7; February 26; R.S. 1923, 42-107.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 1 - General Provisions › 42-108 Measure of damages for right of way over unoccupied lands, when.

42-108.
Measure of damages for right of way over unoccupied lands, when.
When any individual, company or corporation shall have constructed any canal, ditch, flume or aqueduct for purposes of irrigation over unoccupied lands of another, the damages awarded for the right of way of such canal, ditch, flume or aqueduct shall not exceed the value of the land occupied at the date of such construction, and neither the enhanced value of the land growing out of the construction of such canal, ditch, flume or aqueduct, nor the subsequent enhancement of its value through settlement made after the construction of such canal, ditch, flume or aqueduct, shall be considered in estimating the damages for such right of way: Provided, Such canal was constructed with the knowledge and without protest from the owner of the land.
History:
L. 1886, ch. 115, § 8; February 26; R.S. 1923, 42-108.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 1 - General Provisions › 42-119 Lien upon crop for water furnished under contract for irrigation purposes.

42-119.
Lien upon crop for water furnished under contract for irrigation purposes.
Any person, association or corporation which shall, under contract with the owner of a tract or piece of land, his agent, trustee, or under contract with the husband or wife of such owner, furnish water for irrigating any portion of said tract of land, shall have a lien upon the whole crop grown upon said tract or parcel of land during the year the water is so furnished, for the full amount of the contract price.
History:
L. 1885, ch. 133, § 1; May 1; R.S. 1923, 42-119.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 1 - General Provisions › 42-120 Powers of canal corporations.

42-120.
Powers of canal corporations.
Every canal corporation, for the purpose of irrigation, shall, in addition to the powers heretofore conferred, have power:
First. To cause such examination and survey for its proposed canal to be made as may be necessary to the selection of the advantageous route, and for such purpose, by its officers, agents or servants, to enter upon the lands or waters of any person.
Second. To take and hold such voluntary grants of real and other property as shall be made to it to aid in the construction and maintenance of its canal, ditches, and sluices.
Third. To lay out a canal, not exceeding fifty (50) feet in width, and to construct the same; and for the purpose of cuttings and embankments, to take as much more land as may be necessary for the proper construction and security of the canal or any of its branch ditches or sluices.
Fourth. To construct its canal across, along or upon any stream of water.
Fifth. To furnish water for irrigation at such rates as such organization or corporation may by its bylaws and regulations prescribe.
Sixth. To borrow such sums of money as may be necessary for completing and finishing or operating their canal, and to issue and dispose of their bonds for any amount so borrowed, and to mortgage their corporate property and franchises to secure the payment of any debt contracted by the corporation for the purposes aforesaid. Any property appropriated by such corporation shall be acquired under the power of eminent domain in accordance with K.S.A. 26-501 to 26-516, inclusive.
History:
G.S. 1868, ch. 23, § 89; R.S. 1923, 42-120; L. 1963, ch. 234, § 76; January 1, 1964.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 1 - General Provisions › 42-121 Water rights and shares in irrigation companies; transfer.

42-121.
Water rights and shares in irrigation companies; transfer.
That all water rights of every kind, or shares in irrigation companies, entitling the owners and holders thereof to the use of water for irrigation purposes, shall be appurtenant to the land upon which they are established, by the use of such water thereon, and shall pass with any and all conveyances of such land whether mentioned in the deeds of conveyance or not, unless the same is expressly excepted from the operation of such conveyance: Provided, however, That such water rights or shares may be the subject of separate transfers by deed executed and recorded as conveyances of real estate, which deed shall describe the land to which said water rights or shares were appurtenant and also describe the land to which they are to become appurtenant, and subject to all laws relating to the registration and recording of conveyances affecting the title to real estate.
History:
L. 1911, ch. 215, § 1; May 22; R.S. 1923, 42-121.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 1 - General Provisions › 42-122 Unlawful acts affecting irrigating canals; penalty.

42-122.
Unlawful acts affecting irrigating canals; penalty.
Any person who shall willfully or maliciously cut, dig, break down or open any gate, bank, embankment or side of any ditch, canal, flume, feeder or reservoir, the property of another, used for the purpose of irrigation, manufacturing, mining, or domestic purposes, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not more than three hundred dollars, and may be imprisoned in the county jail not exceeding ninety days: Provided, That this section shall only apply to tracts of land where said ditch company has secured the right of way through the tract of land as cut or opened.
History:
L. 1885, ch. 134, § 1; May 1; R.S. 1923, 42-122.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-302 Extent of appropriation; residue of waters.

42-302.
Extent of appropriation; residue of waters.
The appropriation of water hereafter shall in every case be deemed and be taken to be accomplished and effectual only as to so much water as shall have been actually applied to beneficial uses within a reasonable time after the commencement of the works by means of which such appropriation is intended to be made, or afterwards where no appropriation has in the meantime been initiated by others, together with the reasonable amount necessary to supply losses by waste, seepage and evaporation; all the residue of the water within the capacity of the canal or other works shall be deemed to be derelict, and liable to appropriation by any subsequent appropriator.
History:
L. 1891, ch. 133, art. 1, § 2; May 20; R.S. 1923, 42-302.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-303 Right to conduct water along natural channels and withdraw same.

42-303.
Right to conduct water along natural channels and withdraw same.
Any person may conduct water into and along any of the natural streams or channels of the state, and may withdraw all such waters so by him turned into such channel at any point desired, without regard to prior appropriations of water from said stream, due allowance being made for evaporation and seepage.
History:
L. 1891, ch. 133, art. 1, § 3; May 20; R.S. 1923, 42-303.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-304 Change of natural channel so as to prevent inflow into ditch or conduit.

42-304.
Change of natural channel so as to prevent inflow into ditch or conduit.
In case the channel of any natural stream shall have become so cut down, lowered, turned aside or otherwise changed from any cause as to prevent any ditch or conduit for the diversion of water from receiving the proper inflow of water to which it may be entitled, the proprietors of such ditch or conduit may, within a reasonable time after such change, extend such ditch or conduit to such stream, or along the course thereof, or may erect a dam or embankment for turning water into the same; and the right of such proprietors to take water from such stream through such ditch or conduit as so extended to the same amount and during the same period as prior to such change, shall be of the same priority as before such extension: Provided, That no such extension shall be allowed in such manner as to interfere with the operation or enjoyment of any other ditch, conduit or other works for the diversion, conveyance or storage of water.
History:
L. 1891, ch. 133, art. 1, § 4; May 20; R.S. 1923, 42-304.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-306 Rights of prior appropriator of such waters.

42-306.
Rights of prior appropriator of such waters.
No person shall be permitted to take or appropriate the waters of any subterranean supply which naturally discharge into any superficial stream, to the prejudice of any prior appropriator of the water of such superficial channel.
History:
L. 1891, ch. 133, art. 1, § 6; May 20; R.S. 1923, 42-306.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-308 User; forfeiture.

42-308.
User; forfeiture.
Any right of appropriation shall exist and continue only by the exercise thereof in a lawful manner. The failure of the appropriator continuously to apply such water to lawful and beneficial uses, for a period of three years, without due and sufficient cause shown for such failure, shall constitute a forfeiture and surrender of such right.
History: L. 1891, ch. 133, art. 1, § 8; R.S. 1923, 42-308; L. 1945, ch. 390, § 18; June 28.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-309 Rights subject to eminent domain.

42-309.
Rights subject to eminent domain.
Every vested right of prior appropriation or diversion of water for industrial uses shall be subject as to the right of eminent domain, and may be condemned and compensated for, for public and beneficial uses, in the same manner and under the same restrictions and regulations as govern the condemnation of other private property.
History:
L. 1891, ch. 133, art. 1, § 9; May 20; R.S. 1923, 42-309.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-310 Right to continuance of use of water procured from carrier by contract.

42-310.
Right to continuance of use of water procured from carrier by contract.
Any person having by lease, purchase or agreement, written or oral, procured from any carrier water for the irrigation of lands or for other use whatsoever, and having actually applied such water to beneficial uses, shall thereafter in every year, upon payment of the reasonable rate therefor prescribed by the county commissioners (or if no such rate has been prescribed, then at a reasonable rate and price, not exceeding that at which such carrier has been wont to supply to others) be entitled to continue in the enjoyment of water from the works of such carrier to the same amount: Provided, That nothing herein contained shall be deemed to enlarge the effect of any grant, lease, or other agreement by any carrier, for the use by one person, during any limited period, of water to the use and enjoyment of which by lawful grant, lease or agreement of such carrier theretofore made, any other person is entitled, such person so entitled to the use of such waters not then having need or occasion therefor, nor to entitle any person to resume the use or enjoyment of water after having failed or refused to pay the reasonable rate lawfully demanded therefor by the carrier in any year, nor to require the carrier to supply water to persons persistently refusing to comply with the reasonable regulations prescribed by such carrier for the government of the distribution of water from its works.
History:
L. 1891, ch. 133, art. 2, § 1; May 20; R.S. 1923, 42-310.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-311 Right to take water for domestic uses.

42-311.
Right to take water for domestic uses.
Any person may at any time take water from any natural stream or open ditch, conduit or reservoir at any public road crossing, or at any place upon his own lands, or upon the lands of others by license of the proprietor thereof, or without such license where such lands are unenclosed and uncultivated, for filling barrels or other vessels for his domestic uses.
History:
L. 1891, ch. 133, art. 2, § 2; May 20; R.S. 1923, 42-311.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-312 Such person responsible for injury or pollution.

42-312.
Such person responsible for injury or pollution.
Every person resorting for the purposes aforesaid to any ditch, conduit or reservoir shall be responsible that no injury be done to the embankment thereof, or the fence enclosing the same, or other parts or appurtenances thereof, and that the waters thereof be not fouled or polluted by any animal by him driven thereto or watered thereat.
History:
L. 1891, ch. 133, art. 2, § 3; May 20; R.S. 1923, 42-312.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-313 Right to collect and store water.

42-313.
Right to collect and store water.
Any person entitled to use water for beneficial purposes may collect and store the same and all natural flows for use thereafter, so long as such collection, storage, use and times of use thereafter are consistent with reasonable storage and conservation practices; and the failure to apply or use such waters during the period of such collection and storage shall not be deemed or taken to impair his right in that behalf: Provided, Such collection and storage of all natural flows shall be subject to vested rights and prior appropriation rights.
History: L. 1891, ch. 133, art. 2, § 4; R.S. 1923, 42-313; L. 1957, ch. 539, § 5; June 29.