reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-343 Same; definitions.

41-343.
Same; definitions.
As used in K.S.A. 41-342 through 41-345, "nonalcoholic malt beverage" means a beverage containing less than .5% alcohol by volume obtained by alcohol fermentation of an infusion or coction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager beer, porter and similar beverages having such alcoholic content.
History:
L. 1990, ch. 178, § 3; May 17.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-344 Same; sales by certain licensees.

41-344.
Same; sales by certain licensees.
Nonalcoholic malt beverages may be sold by retailers licensed pursuant to the liquor control act, by clubs and drinking establishments licensed pursuant to the club and drinking establishment act by retailers licensed pursuant to article 27 of chapter 41 of the Kansas Statutes Annotated, as an additional privilege of the license issued in accordance therewith.
History:
L. 1990, ch. 178, § 4; May 17.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-345 Same; distribution; sales and taxation.

41-345.
Same; distribution; sales and taxation.
(a) Nonalcoholic malt beverages shall be distributed by distributors, as defined by K.S.A. 41-102, and amendments thereto, pursuant to all terms and conditions of the liquor control act. The provisions of K.S.A. 79-3817 et seq., and amendments thereto, shall apply to sales and distribution of nonalcoholic malt beverages by such distributors.
(b) The provisions of the liquor control act, and any rules and regulations adopted thereunder for the administration of enforcement thereof, shall apply to the sale and taxation of nonalcoholic malt beverages by retailers licensed thereunder. The provisions of K.S.A. 79-4101 et seq., and amendments thereto, shall apply to the sale of nonalcoholic malt beverages at retail by such retailers.
(c) The provisions of the club and drinking establishment act, and any rules and regulations adopted thereunder for the administration of enforcement thereof, shall apply to the sale and taxation of nonalcoholic malt beverages by clubs and drinking establishments licensed thereunder. The provisions of K.S.A. 79-41a01 et seq., and amendments thereto, shall apply to the sale of nonalcoholic malt beverages by a club or drinking establishment.
(d) The provisions of K.S.A. 41-2701 et seq., and amendments thereto, and any rules and regulations adopted thereunder for the administration of enforcement thereof, shall apply to the sale and taxation of nonalcoholic malt beverages by retailers licensed thereunder.
History:
L. 1990, ch. 178, § 5; May 17.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-346 Administrative action for offenses involving minors; defense.

41-346. Administrative action for offenses involving minors; defense.
In any administrative proceeding pursuant to the Kansas liquor control act to suspend or revoke a license, or to impose a civil fine, for a violation of subsection (a) of K.S.A. 21-5607, and amendments thereto, and K.S.A. 41-2615, and amendments thereto, it shall be a defense if evidence is presented which indicates that: (a) The defendant permitted the minor to possess or consume the alcoholic liquor or cereal malt beverage with reasonable cause to believe that the minor was 21 or more years of age; and (b) to possess or consume the alcoholic liquor or cereal malt beverage, the minor exhibited to the defendant a driver's license, Kansas nondriver's identification card or other official or apparently official document that reasonably appears to contain a photograph of the minor and purporting to establish that such minor was 21 or more years of age.
History:
L. 1994, ch. 300, § 3; L. 2008, ch. 126, § 8; L. 2011, ch. 30, § 181; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-351 Farm winery; bona fide farmers' market sales permit; rules and regulations.

41-351. Farm winery; bona fide farmers' market sales permit; rules and regulations.
(a) Notwithstanding any other provisions of the Kansas liquor control act, the club and drinking establishment act or the Kansas cereal malt beverage act, any person who is licensed to sell wine pursuant to K.S.A. 41-308a, and amendments thereto, may apply to the director for an annual farmers' market sales permit. Such permit shall authorize the licensee, a member of the licensee's family or an employee of the licensee to sell wine in the original unopened container produced and bottled by the licensee at farmers' markets.
(b) An application submitted pursuant to this section shall be accompanied by an application fee of $25. Permits issued under this section shall be valid for one year from the date of issuance.
(c) The locations of the farmers' markets at which wine shall be sold shall be specified in the application submitted to the director. If the licensee elects to sell wine at a farmers' market, the location of which was not reported to the director in the application, such licensee shall notify the director of the location before any wine may be sold at that location. The director shall notify the city, county and applicable law enforcement agency where farmers' markets are to be held and of the issuance of a permit under this section for the sale of wine at such farmers' markets.
(d) For the purposes of this section, "farmers' market" means any common facility or area where producers or growers gather on a regular, recurring basis to sell fruits, vegetables, meats and other farm products directly to consumers.
(e) The secretary may adopt rules and regulations as necessary to implement the provisions of this section.
(f) This section shall be a part of and supplemental to the Kansas liquor control act.
History:
L. 2009, ch. 114, § 2; L. 2015, ch. 82, § 29; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 3 - Licensing And Related Provisions; City Option › 41-352 Packaging and warehousing facility permit; rights of permit holder.

41-352. Packaging and warehousing facility permit; rights of permit holder.
(a) Any manufacturer or supplier of alcoholic liquor or cereal malt beverage, whether licensed in this state or any other state, or a holder of a distilled spirits plant permit issued by the alcohol and tobacco tax and trade bureau of the United States department of treasury may apply for an annual packaging and warehousing facility permit. The application shall be on a form prescribed by the director and shall include all information the director deems necessary.
(b) A packaging and warehousing facility permit shall allow the:
(1) Transfer of alcoholic liquor or cereal malt beverage to the licensed premises of a packaging and warehousing facility for the purpose of packaging or storage, or both;
(2) sale and transfer from the licensed premises of a packaging and warehousing facility to the licensed premises of a spirits, wine or beer distributor licensed in Kansas or to a Kansas supplier;
(3) transfer from the licensed premises of a packaging and warehousing facility to another state; and
(4) receipt and transfer of alcoholic liquor in a bulk container from any manufacturer, supplier, farm winery, microbrewery or microdistillery of alcoholic liquor or cereal malt beverage, whether licensed in this state or any other state, for purposes of packaging in cans or bottles.
(c) The annual fee for a packaging and warehousing facility permit shall be $2,500.
(d) Each brand and label of alcoholic liquor or cereal malt beverage that is intended for sale to distributors in Kansas and is transported, packaged or stored at a licensed packaging and warehousing facility must be registered in accordance with the provisions of K.S.A. 41-331, and amendments thereto.
(e) The tax imposed pursuant to K.S.A. 41-501, and amendments thereto, shall be paid on alcoholic liquor or cereal malt beverage imported into this state under a packaging and warehousing facility permit only if the alcoholic liquor or cereal malt beverage is sold to a distributor for sale at wholesale in this state and shall be paid by the distributor who purchases the alcoholic liquor or cereal malt beverage for sale at wholesale.
(f) For purposes of this section, the terms in subsections (a) and (b)(4), if not otherwise defined in K.S.A. 41-102, and amendments thereto, mean the same as such terms are defined in title 27, chapter I, subchapter A of the code of federal regulations, as in effect on July 1, 2021.
(g) This section shall be a part of and supplemental to the Kansas liquor control act.
History:
L. 2010, ch. 142, § 1; L. 2021, ch. 107, § 10; May 27.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 4 - Bonded Warehouses And Related Provisions › 41-401 Bonded warehouse required, spirits or wine manufacturer or distributor.

41-401.
Bonded warehouse required, spirits or wine manufacturer or distributor.
Every licensed manufacturer of spirits or wine and every spirits or wine distributor shall provide at such manufacturer's or distributor's own expense a warehouse to be situated on and to constitute a part of such manufacturer's or distributor's distillery, winery or premises used for the purpose of distributing, furnishing or selling spirits or wine for purposes of resale, to be kept separate and distinct from such distillery, winery or premises, and to be used only for the storage of spirits or wine manufactured or distributed by such manufacturer or distributor for purposes of resale until the tax levied thereon, as hereinafter provided, has been paid. No dwelling house shall be used for such purpose. Such warehouse, when approved by the director, shall be a bonded warehouse of the state of Kansas and shall be under the control of the director. The director may assign one or more of agents to be known as a storekeeper or inspector to enforce the provisions of this act with respect to such warehouse or warehouses.
History:
L. 1949, ch. 242, § 44; L. 1987, ch. 182, § 33; January 1, 1988.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 4 - Bonded Warehouses And Related Provisions › 41-402 Spirits and wine kept in warehouse, exceptions; records; joint custody of director.

41-402.
Spirits and wine kept in warehouse, exceptions; records; joint custody of director.
The entire stock of spirits or wine of manufacturers or distributors, except in the case of a distillery or wine cellar where such spirits or wine is in the process of distillation or manufacture, shall be kept in such manufacturer's or distributor's warehouse approved under K.S.A. 41-401, and amendments thereto. The director shall prescribe the records which the storekeeper or inspector shall keep, when assigned, as regards to such spirits or wine while in the process of manufacture or distillation and after such spirits or wine has been delivered to bonded warehouses. Every such warehouse shall be in the joint custody of the director through the director's storekeeper or inspector, when assigned, and the proprietor thereof, and shall be kept securely locked and at no time be unlocked or open, or remain open unless in the presence of such storekeeper, inspector or other person who may be designated to act for the director, as provided by rules and regulations or order of the director; and no such spirits or wine shall be received or delivered in or delivered from such warehouse, except on order or permit of the director or the director's duly authorized storekeeper, inspector or other agent.
History:
L. 1949, ch. 242, § 45; L. 1987, ch. 182, § 34; January 1, 1988.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 4 - Bonded Warehouses And Related Provisions › 41-403 Withdrawal from warehouse.

41-403.
Withdrawal from warehouse.
Alcoholic liquor, on payment of the tax thereon, pursuant to rules and regulations of the secretary, may be withdrawn, on such triplicate forms as the director prescribes, from the warehouse, pursuant to application to the director or to the storekeeper or inspector in charge of such warehouse. One triplicate original of each entry of withdrawal shall be transmitted to the director. In case of receipt of such liquor by manufacturers or distributors, entry of such receipt to such warehouses shall be made in triplicate, and one triplicate original of such entry of receipt shall be transmitted forthwith by the proprietor of the warehouse to the director.
History:
L. 1949, ch. 242, § 46; L. 1987, ch. 182, § 35; L. 1993, ch. 20, § 4; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 4 - Bonded Warehouses And Related Provisions › 41-405 Enforcement of warehouse provisions.

41-405.
Enforcement of warehouse provisions.
The director is hereby authorized to measure, gauge or check such alcoholic liquor in bond in any bonded warehouse, and if the amount of liquor on hand does not correspond with the reports of the manufacturer or distributor filed with the director, the proprietor of such warehouse shall have the proprietor's license revoked, and in addition thereto shall be deemed guilty of a felony, and upon conviction thereof shall be fined in any sum not exceeding $5,000 or be imprisoned in the custody of the secretary of corrections not exceeding 10 years. Any storekeeper, inspector or other person in the employ of the director having charge of such bonded liquor warehouse who removes or allows to be removed any cask or other package of such liquor, except on order or permit from the director, or which has not been marked or consigned as provided by law, or who removes or allows to be removed any part of the contents of any cask or package of liquor deposited therein, shall be immediately dismissed from office or employment, and in addition thereto shall be deemed guilty of a felony, and upon conviction thereof shall be fined for each offense not exceeding $1,000, and shall be imprisoned in the custody of the secretary of corrections not more than three years.
History:
L. 1949, ch. 242, § 48; L. 1990, ch. 309, § 29; L. 1993, ch. 20, § 5; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 4 - Bonded Warehouses And Related Provisions › 41-406 Summary detention of liquor; power of director.

41-406.
Summary detention of liquor; power of director.
It shall be lawful for the director, or for any agent of the director, to detain any package containing or supposed to contain such alcoholic liquor when he has reason to believe that the tax imposed by law upon the same has not been paid in full, or that the same is being or has been removed from any bonded warehouse, or has been received and transported into the state of Kansas in violation of the law; and every such cask or package may be held by him at a safe place until it shall be determined whether the property so detained is liable by law to be proceeded against for forfeiture; but such summary detention shall not continue in any case longer than forty-eight hours without process of law.
History:
L. 1949, ch. 242, § 49; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 4 - Bonded Warehouses And Related Provisions › 41-407 Evasion of liquor tax prohibited; penalties.

41-407.
Evasion of liquor tax prohibited; penalties.
(a) It shall be unlawful for any person to:
(1) Evade, or attempt to evade, the payment of tax or duty on any alcoholic liquor, in any manner whatever. Upon conviction of violation of this subsection, in addition to the penalty prescribed for the violation of this act, the violator shall forfeit and pay, as a part of costs in the action, double the amount of the tax or duty so evaded or attempted to be evaded.
(2) Have in such person's possession any cask or package of alcoholic liquor, without having thereon each mark required therefor by law, and any such cask or package not having thereon each such mark shall be forfeited to the state of Kansas.
(b) Nothing contained in this section shall make unlawful the possession and transportation of wine imported solely for use by a church or religious organization for sacramental purposes and uses.
(c) Violation of any provision of this section is a misdemeanor punishable by a fine not exceeding $500 or imprisonment not exceeding six months, or both, and in proper cases the trial court may order and direct the confiscation of the liquor involved in the violation as part of the judgment of conviction.
History:
L. 1949, ch. 242, § 50; L. 1957, ch. 291, § 1; L. 1979, ch. 153, § 1; L. 1985, ch. 170, § 8; L. 1993, ch. 20, § 6; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 4 - Bonded Warehouses And Related Provisions › 41-408 Common carriers authorized to carry liquor.

41-408.
Common carriers authorized to carry liquor.
Any common carrier of merchandise owning or operating any railroad, express company, bus, truck or other transportation lines or routes for the transportation of merchandise in the state of Kansas also may transport alcoholic liquor to a warehouse within the state of Kansas. The consignee shall be a manufacturer or distributor maintaining a warehouse for such liquor within the state of Kansas. Any such liquor arriving at a point of entry in the state of Kansas may enter, in accordance with any rules and regulations which may be adopted pursuant to K.S.A. 41-210, and amendments thereto, for transportation to any warehouse in the state of Kansas.
History:
L. 1949, ch. 242, § 51; L. 1985, ch. 170, § 9; L. 1987, ch. 182, § 36; L. 2002, ch. 47, § 1; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 4 - Bonded Warehouses And Related Provisions › 41-409 Beer or cereal malt beverage manufacturer, distributor or importer; filing of notice; warehouse; brewing specifications.

41-409.
Beer or cereal malt beverage manufacturer, distributor or importer; filing of notice; warehouse; brewing specifications.
(a) Before commencing or continuing business, every manufacturer of beer or cereal malt beverage, every beer distributor and every importer of beer shall file with the director a notice in writing, which states: (1) The name of the person, company, corporation or firm, (2) the name of the members of any such company or firm, (3) the places of residence of such persons, and (4) a legal description of the premises on which the office of the manufacturer or distributor is situated and of the title thereto and the name of the owner thereof.
(b) The director may require under rules and regulations adopted as provided in this act that beer and cereal malt beverage be kept, received and withdrawn from bonded warehouses, as other alcoholic liquors are kept, received and withdrawn as provided under the Kansas liquor control act, whenever the director deems that the public interest demands.
(c) No beer or cereal malt beverage manufactured or distributed within this state shall be sold under the provisions of this act until the manufacturers or distributors of such beer or cereal malt beverage furnish satisfactory evidence to the director that such beer or cereal malt beverage is brewed from alcoholic fermentation of an infusion of pure hops or pure extract of hops, and pure barley malt or other wholesome grains or cereals, and wholesome yeast, and pure water, and are free from all harmful substances, preservatives and adulterants.
History: L. 1949, ch. 242, § 52; L. 1974, ch. 195, § 2; L. 1982, ch. 210, § 2; L. 1987, ch. 182, § 37; L. 1987, ch. 182, § 38; L. 1989, ch. 146, § 3; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 4 - Bonded Warehouses And Related Provisions › 41-410a Exclusive territorial franchises; certain agreements; cereal malt beverage, beer.

41-410a. Exclusive territorial franchises; certain agreements; cereal malt beverage, beer.
(a) It is hereby declared to be the intent of the legislature that, for the purposes of any agreement entered into prior to April 1, 2019, pursuant to K.S.A. 41-410, and amendments thereto, between a supplier and a distributor regarding the geographic territory within which the distributor may sell one or more brands of the supplier's cereal malt beverage or beer, or both, the term "cereal malt beverage" shall have the meaning ascribed to such term in K.S.A. 41-2701, and amendments thereto, on the effective date of this act, and the term "beer" shall have the meaning ascribed to such term in K.S.A. 41-102, and amendments thereto, on the effective date of this act.
(b) This section shall be a part of and supplemental to the Kansas liquor control act.
(c) The provisions of this section shall be effective on and after April 1, 2019.
History:
L. 2017, ch. 56, § 2; January 1, 2018.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 4 - Bonded Warehouses And Related Provisions › 41-412 Severability.

41-412.
Severability.
If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and, to this end, the provisions of this act are severable.
History:
L. 1979, ch. 153, § 12; May 10.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 5 - Gallonage Tax; Collection And Disposition › 41-501a Tax on liquor being delivered to federal area.

41-501a.
Tax on liquor being delivered to federal area.
If any alcoholic liquor which is taxable under the provisions of K.S.A. 41-501, and amendments thereto, is transported in interstate commerce into this state or a federal area for delivery to a consignee or person located, residing or stationed on or at a federal area, such tax shall be paid by the consignee or person. For the purpose of collection and payment of such tax, any and all common, contract or private carriers transporting or delivering any such alcoholic liquor consigned to consignees or persons located, residing or stationed on or at any federal area shall not deliver such alcoholic liquor unless and until the consignee or person shall either (a) present to the carrier written evidence, signed by the director, that the tax imposed by K.S.A. 41-501, and amendments thereto, on such alcoholic liquor has been paid, or (b) shall pay such tax to the carrier. All such carriers are authorized to collect from such consignee or person the tax imposed by K.S.A. 41-501, and amendments thereto, at the time of delivery, and to account for and pay the same to the director.
The secretary of revenue shall adopt, pursuant to K.S.A. 41-210, and amendments thereto, such rules and regulations as necessary to carry out the intent and purposes of this section. Such rules and regulations may include, but shall not be limited to, provisions for the inspection and sealing of cargoes of alcoholic liquor consigned, being transported or delivered to consignees or persons located, residing or stationed on or at federal areas.
History:
L. 1958, ch. 14, § 2 (Special Session); L. 1985, ch. 170, § 10; L. 1993, ch. 20, § 7; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 5 - Gallonage Tax; Collection And Disposition › 41-502 Collection and payment of tax.

41-502.
Collection and payment of tax.
The secretary of revenue shall prescribe, by rules and regulations adopted pursuant to K.S.A. 41-210, and amendments thereto, and designed to protect the revenue of this state, a method of reporting, paying and collecting the tax imposed by K.S.A. 41-501, and amendments thereto, other than the affixture to original packages of alcoholic liquor of stamps or other visible evidence of the payment of such tax. Such tax shall be paid on or before the 15th day of the calendar month next succeeding the month in which the distributor acquires possession of alcoholic liquors made taxable by the provisions of K.S.A. 41-501, and amendments thereto. The reporting and payment thereof within the time prescribed by this section and in the manner prescribed by the rules and regulations shall constitute a compliance with the provisions of K.S.A. 41-501, and amendments thereto.
History:
L. 1949, ch. 242, § 54; L. 1953, ch. 238, § 7; L. 1958, ch. 14, § 3 (Special Session); L. 1973, ch. 200, § 1; L. 1983, ch. 161, § 13; L. 1985, ch. 170, § 11; L. 1989, ch. 146, § 4; L. 1993, ch. 20, § 8; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 5 - Gallonage Tax; Collection And Disposition › 41-507 Alcoholic liquor tax refund fund; use.

41-507.
Alcoholic liquor tax refund fund; use.
A revolving fund designated the alcoholic liquor tax refund fund shall be set apart and maintained by the director from the license fees and excise tax collected under the provisions of this act and held by the state treasurer for the refund of license fees, and the refund of gallonage taxes. Such fund shall be in such amount as the director determines necessary for the purpose of making such refunds.
History:
L. 1949, ch. 242, § 59; L. 1958, ch. 50, § 3 (Budget Session); L. 1979, ch. 154, § 1; L. 1993, ch. 20, § 9; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 5 - Gallonage Tax; Collection And Disposition › 41-508 Possession of untaxed liquor by retailer; penalty.

41-508.
Possession of untaxed liquor by retailer; penalty.
It shall be unlawful for the holder of any retailer's license to receive or possess any alcoholic liquor upon which the gallonage tax levied by this act has not been paid. Any such licensee who shall violate the provisions of this section shall be guilty of a misdemeanor and upon conviction fined not more than $500, to which may be added not more than 12 months' imprisonment.
History:
L. 1949, ch. 242, § 60; L. 1993, ch. 20, § 10; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 5 - Gallonage Tax; Collection And Disposition › 41-510 Credit for spirits sold to federal military installation.

41-510.
Credit for spirits sold to federal military installation.
(a) Notwithstanding the provisions of K.S.A. 41-501, and amendments thereto, any distributor may claim and receive from the director a credit for taxes imposed by K.S.A. 41-501, and amendments thereto, on spirits sold to a federal military installation in a federal area.
(b) This section shall be part of and supplemental to the Kansas liquor control act.
History:
L. 1989, ch. 91, § 3; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 5 - Gallonage Tax; Collection And Disposition › 41-511 Reports of alcoholic liquor shipped into the state; contents; penalties; confidentiality.

41-511. Reports of alcoholic liquor shipped into the state; contents; penalties; confidentiality.
(a) Every express company or other common carrier that delivers any alcoholic liquors from outside the state for delivery in the state to consumers shall prepare and file monthly with the director of alcoholic beverage control a report of known alcoholic liquors shipped by such carrier. The report shall contain: (1) The name of the express company or other common carrier that delivers the alcoholic liquors; (2) the period of time covered by the report; (3) the name and business address of the consignor of such alcoholic liquors; (4) the weight of the package delivered to each consignee; (5) a unique tracking number; and (6) the date of delivery. Except as provided for in subsection (d), all reports submitted pursuant to this subsection shall be open records available for public inspection in accordance with the open records act.
(b) Upon request by the director, any additional records supporting the report shall be made available to the director by any express company or other common carrier. Any records containing information relating to such reports shall be kept and preserved for a period of two years unless the destruction of such records is authorized in writing by the director.
(c) Any express company or other common carrier that willfully fails, neglects or refuses to file any report pursuant to subsection (a) shall be subject to a civil penalty of not more than $500.
(d) If any of the reports required by subsection (a) include any information relating to the name or address of a consignee of any alcoholic liquors, such information shall be redacted from the reports that are made available for public inspection. The provisions of this subsection providing for the confidentiality of certain public records shall expire on July 1, 2024, unless the legislature reviews and reenacts such provisions in accordance with K.S.A. 45-229, and amendments thereto, prior to July 1, 2024.
(e) The provisions of this section shall be a part of and supplemental to the Kansas liquor control act.
History:
L. 2019, ch. 57, § 9; May 2.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 6 - Manufacturer's And Wholesaler's Records And Reports › 41-601 Manufacturers, distributors, microbreweries, microdistilleries and farm wineries; monthly reports.

41-601. Manufacturers, distributors, microbreweries, microdistilleries and farm wineries; monthly reports.
Every manufacturer, distributor, microbrewery which sells any beer to a beer distributor at wholesale, microdistillery which sells any spirits to a spirits distributor at wholesale and farm winery which sells any wine to a distributor at wholesale shall between the 1st and 15th day of each calendar month, make return under oath to the director of all alcoholic liquor manufactured and sold by the manufacturer, distributor, microbrewery, microdistillery or farm winery in the course of business during the preceding calendar month. In the case of a distributor, the return shall also show: (a) The total amount of liquor purchased by the distributor during the preceding calendar month, the names of the distillers or distributors from whom purchased, the quantity of each brand and the price paid therefor; and (b) the names and locations of the retailers to whom alcoholic liquor was sold by the distributor during the preceding calendar month, the quantity of each brand and the price charged therefor. The return shall be made upon forms prescribed and furnished by the director and shall contain such other information as the director reasonably requires.
History:
L. 1949, ch. 242, § 62; L. 1983, ch. 161, § 14; L. 1987, ch. 182, § 43; L. 2012, ch. 144, § 21; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 6 - Manufacturer's And Wholesaler's Records And Reports › 41-602 Same; records of sales.

41-602. Same; records of sales.
It is the duty of each manufacturer, distributor, microbrewery which sells any beer to a beer distributor, microdistillery which sells any spirits to a spirits distributor and farm winery which sells any wine to a distributor to keep complete and accurate records of all sales of liquor, wine or beer and complete and accurate records of all alcoholic liquors produced, manufactured, compounded or imported. The director, in the director's discretion, may prescribe reasonable and uniform methods for keeping records by manufacturers, distributors, microbreweries, microdistilleries and farm wineries as contemplated by K.S.A. 41-401 through 41-409, and amendments thereto.
History:
L. 1949, ch. 242, § 63; L. 1983, ch. 161, § 15; L. 1987, ch. 182, § 44; L. 2012, ch. 144, § 22; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-702 Gifts and credit from manufacturer or distributor prohibited.

41-702.
Gifts and credit from manufacturer or distributor prohibited.
(a) Except to the extent permitted pursuant to K.S.A. 41-703, and amendments thereto, no licensed retailer, club, drinking establishment or caterer, 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) Except to the extent permitted pursuant to K.S.A. 41-703, and amendments thereto, no manufacturer or distributor shall give or lend money or anything of value or otherwise loan or extend credit, directly or indirectly, to any retailer licensed under this act or under K.S.A. 41-2702, and amendments thereto, or to any licensed club, drinking establishment or caterer, or to the manager, representative, agent, officer or director thereof.
(c) If any licensed retailer, distributor, manufacturer, club, drinking establishment or caterer violates any provision of this section, the license of such retailer, distributor, manufacturer, club, drinking establishment or caterer shall be suspended or revoked by the director in the manner provided by law for revocation or suspension for other violations of this act.
History:
L. 1949, ch. 242, § 65; L. 1987, ch. 182, § 47; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-704 Manufacturers; interest in business of distributor prohibited.

41-704.
Manufacturers; interest in business of distributor prohibited.
No manufacturer of alcoholic liquors holding a manufacturer's license under this act and no manufacturer of alcoholic liquors outside of this state manufacturing alcoholic liquors for distribution and sale within this state shall, directly or indirectly, as owner or part owner, or through a subsidiary or affiliate, or by any officer, director or employee thereof, or by stock ownership, interlocking directors, trusteeship, loan, mortgage or lien on any personal or real property, as guarantor, endorser or surety, be interested in the ownership, conduct, operation or management of any alcoholic liquor distributor holding an alcoholic liquor distributor's license under this act; nor shall any manufacturer of alcoholic liquors holding a manufacturer's license under this act nor any manufacturer of alcoholic liquors outside of this state manufacturing alcoholic liquors for distribution and sale within this state, be interested directly or indirectly, as lessor or lessee, as owner or part owner, or through a subsidiary or affiliate, or by any officer, director or employee thereof, or by stock ownership, interlocking directors or trusteeship in the premises upon which the place of business of an alcoholic liquor distributor holding an alcoholic liquor distributor's license under this act is located, established, conducted or operated in whole or in part.
History:
L. 1949, ch. 242, § 67; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-705 Violation of K.S.A. 41-703 or 41-704; effect.

41-705.
Violation of K.S.A. 41-703 or 41-704; effect.
Any licensee who shall permit or assent, or be a party in any way to any violation or infringement of the provisions of K.S.A. 41-703 or 41-704 shall be deemed guilty of a violation of this act, and any money loaned contrary to a provision of this act shall not be recovered back, 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. 1949, ch. 242, § 68; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-706 Requirements relating to revenue stamps, labels, seals.

41-706.
Requirements relating to revenue stamps, labels, seals.
No manufacturer, distributor or wholesaler shall sell or deliver any package containing alcoholic liquor manufactured or distributed by such manufacturer, distributor or wholesaler, unless the package has affixed thereto all canceled revenue stamps which may be provided by federal law and shall also carry thereon a clear and legible label containing the name and kind of alcoholic liquor contained therein, and the alcoholic content thereof, except in the case of beer, and such other information as may be required by federal laws and rules and regulations and by rules and regulations adopted by the secretary of revenue. No package shall be delivered by any manufacturer or distributor or importing distributor unless the same shall be securely sealed so that the contents thereof cannot be removed without breaking the seal so placed thereon by such manufacturer, and no other licensee shall sell, have in the possession of the licensee or use any package or container which does not comply with this section or K.S.A. 41-707, and amendments thereto, or does not bear evidence that such package, when delivered to the licensee, complied with this section.
History:
L. 1949, ch. 242, § 69; L. 1985, ch. 170, § 14; L. 1993, ch. 20, § 11; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-707 Labels; quality of liquor; requirements.

41-707.
Labels; quality of liquor; requirements.
No alcoholic liquor labeled as "whisky" or "gin" shall be sold at retail in this state, unless the entire alcoholic content thereof, except flavoring materials, is a distillate of fermented mash of grain or mixture of grains. Alcoholic liquor of the type of whisky or gin or wine not conforming to this requirement may be sold at retail if labeled "imitation whisky" or "imitation gin" or "imitation wine" as the case may be. No spirits shall contain any substance, compound or ingredient which is injurious to health or deleterious for human consumption.
History:
L. 1949, ch. 242, § 70; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-708 Retailer must obtain liquor from licensed distributor; exceptions; penalties.

41-708.
Retailer must obtain liquor from licensed distributor; exceptions; penalties.
No retailer licensed under this act shall purchase or receive alcoholic liquor from any source except from a distributor licensed under this act and having a place of business in this state, except that a licensed retailer may purchase confiscated alcoholic liquor at a sheriff's sale. Any retail licensee who violates this section is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $200, nor more than $1,000, to which may be added imprisonment for not more than six months, and the license of such licensee may be revoked as provided by law.
History:
L. 1949, ch. 242, § 71; L. 1996, ch. 154, § 5; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-709 Authorized sale or delivery by manufacturer or distributor; license revocation for violations.

41-709. Authorized sale or delivery by manufacturer or distributor; license revocation for violations.
(a) No manufacturer or distributor shall sell or deliver any package containing alcoholic liquor manufactured or distributed by such manufacturer or distributor for resale, unless the person to whom such package is sold or delivered is authorized to receive such package in accordance with the provisions of this act.
(b) The director shall revoke the license of any manufacturer or distributor who violates the provisions of this section.
History:
L. 1949, ch. 242, § 72; L. 1987, ch. 182, § 49; L. 1996, ch. 154, § 6; L. 2015, ch. 82, § 24; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-710 Location of retail store, microbrewery, microdistillery or farm winery; restrictions; within core commercial district.

41-710. Location of retail store, microbrewery, microdistillery or farm winery; restrictions; within core commercial district.
(a) No retailer's license shall be issued for premises unless such premises comply with all applicable zoning regulations.
(b) No microbrewery license, microdistillery license or farm winery license shall be issued for premises which are zoned for any purpose except agricultural, commercial or business purposes.
(c) No retailer's, microbrewery, microdistillery or farm winery license shall be issued for premises which:
(1) Are located within 200 feet of any public or parochial school or college or church, except that if any such school, college or church is established within 200 feet of any licensed premises after the premises have been licensed, the premises shall be an eligible location for retail licensing; or
(2) do not conform to all applicable building regulations.
(d) Any city, by ordinance, may allow a retailer, microbrewery, microdistillery or farm winery to be located within a core commercial district as defined by K.S.A. 12-17,122, and amendments thereto, which does not meet the distance requirements established by subsection (c)(1).
History:
L. 1949, ch. 242, § 73; L. 1983, ch. 161, § 16; L. 1985, ch. 170, § 29; L. 1987, ch. 182, § 50; L. 2005, ch. 201, § 7; L. 2012, ch. 144, § 24; L. 2015, ch. 82, § 27; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-711 Sale at retail forbidden on certain premises.

41-711.
Sale at retail forbidden on certain premises.
No alcoholic liquor shall be sold at retail upon any premises which have an inside entrance or opening which connects with any other place of business.
History:
L. 1949, ch. 242, § 74; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-712 Days and hours of sale by retailers.

41-712. Days and hours of sale by retailers.
(a) Within any city where the days of sale at retail of alcoholic liquor in the original package have not been expanded as provided by K.S.A. 41-2911, and amendments thereto, or have been so expanded and subsequently restricted as provided by K.S.A. 41-2911, and amendments thereto, no person shall sell at retail any alcoholic liquor in the original package: (1) On Sunday; (2) on Thanksgiving Day or Christmas Day; or (3) before 9 a.m. or after 11 p.m. on any day when the sale is permitted. The governing body of any city by ordinance may require the closing of premises prior to 11 p.m., but such ordinance shall not require closing prior to 8 p.m.
(b) Within any city where the days of sale at retail of alcoholic liquor in the original package have been expanded as provided by K.S.A. 41-2911, and amendments thereto, and have not been subsequently restricted as provided by K.S.A. 41-2911, and amendments thereto, and within any township where the days of sale at retail of alcoholic liquor in the original package have been expanded as provided by K.S.A. 41-2911, and amendments thereto, and have not been subsequently restricted as provided by K.S.A. 41-2911, and amendments thereto, no person shall sell at retail alcoholic liquor in the original package: (1) On Sunday not earlier than 9 a.m. and not later than 8 p.m.; (2) on Easter Sunday, Thanksgiving Day or Christmas Day; or (3) before 9 a.m. or after 11 p.m. on any day when the sale is permitted. The governing body of any city by ordinance may require the closing of premises prior to 11 p.m., but such ordinance shall not require closing prior to 8 p.m.
History:
L. 1949, ch. 242, § 75; L. 1994, ch. 166, § 1; L. 2005, ch. 201, § 8; L. 2021, ch. 107, § 11; May 27.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-713 Retailers; mixing drinks on premises and employment of certain persons prohibited; exceptions.

41-713. Retailers; mixing drinks on premises and employment of certain persons prohibited; exceptions.
(a) It shall be unlawful for a retailer of alcoholic liquor:
(1) To permit any person to mix drinks in or on the licensed premises, except as provided in subsection (b);
(2) to employ any person under the age of 21 years in connection with the operation of such retail establishment; or
(3) to employ any person in connection with the operation of such retail establishment who has been adjudged guilty of a felony.
(b) The provisions of subsection (a)(1) shall not apply to the preparation or mixing of samples for the purposes of conducting wine, beer or distilled spirit tastings, or any combination thereof, as authorized by K.S.A. 41-308d, and amendments thereto.
History:
L. 1949, ch. 242, § 76; L. 2013, ch. 130, § 6; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-714 Advertising; authority of director.

41-714. Advertising; authority of director.
(a) Any advertising of a farm winery, microdistillery or microbrewery shall be subject to approval by the director prior to its dissemination.
(b) The secretary of revenue may adopt, in accordance with K.S.A. 41-210, and amendments thereto, rules and regulations necessary to regulate and control the advertising, in any form, and display of alcoholic liquor.
History:
L. 1949, ch. 242, § 77; L. 1983, ch. 161, § 17; L. 1985, ch. 170, § 15; L. 1987, ch. 182, § 51; L. 1991, ch. 142, § 3; L. 2005, ch. 201, § 10; L. 2012, ch. 144, § 25; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-715 Sale of liquor to incapacitated or intoxicated person; penalties.

41-715.
Sale of liquor to incapacitated or intoxicated person; penalties.
(a) No person shall knowingly sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person who is an incapacitated person, or any person who is physically or mentally incapacitated by the consumption of such liquor.
(b) Violation of this section is a misdemeanor punishable by a fine of not less than $100 and not exceeding $250 or imprisonment not exceeding 30 days, or both.
History: L. 1949, ch. 242, § 78; L. 1963, ch. 267, § 1; L. 1965, ch. 277, § 8; L. 1985, ch. 173, § 1; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 7 - Certain Prohibited Acts And Penalties › 41-717 Certain sales on credit, in trade or by check prohibited.

41-717. Certain sales on credit, in trade or by check prohibited.
(a) (1) Except as provided by subsection (a)(2), no person shall sell or furnish at retail and no microbrewery, microdistillery or farm winery shall sell to any consumer any alcoholic liquor 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 in violation of this subsection, the debt attempted to be created shall not be recoverable at law.
(2) A licensed retailer may sell alcoholic liquor and nonalcoholic malt beverage to a consumer, a licensed microbrewery may sell domestic beer to a consumer, a licensed microdistillery may sell domestic spirits to a consumer and a licensed farm winery may sell domestic wine 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.
(b) No microbrewery, microdistillery, farm winery or retailer of alcoholic liquor shall accept a check for payment for alcoholic liquors sold by the winery or retailer to a consumer, other than the personal check of the person making the purchase.
History:
L. 1949, ch. 242, § 80; L. 1983, ch. 161, § 18; L. 1987, ch. 182, § 52; L. 1995, ch. 266, § 1; L. 2012, ch. 144, § 26; July 1.