reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 12 - Temporary Permits › 41-1204 Providing samples of alcoholic liquor and cereal malt beverage.

41-1204. Providing samples of alcoholic liquor and cereal malt beverage.
Notwithstanding any other provisions of the Kansas liquor control act or the club and drinking establishment act to the contrary, any person or entity who is issued a temporary permit may provide samples of wine, beer, cereal malt beverage and distilled spirits on the permit premises as follows:
(a) All wine, beer, cereal malt beverage and distilled spirits sampled shall come from the inventory of the temporary permit holder. Except as provided by subsection (b), a person other than the temporary permit holder, or such permit holder's agent or employee, may not dispense or participate in the dispensing of alcoholic liquor or cereal malt beverage under this section.
(b) A supplier's permit holder, or such permit holder's agent or employee, may provide samples of wine, beer, cereal malt beverage and distilled spirits on the permit premises, and may open, touch or pour such alcoholic liquor or cereal malt beverage, make a presentation, or answer questions at such sampling events. Any alcoholic liquor or cereal malt beverage sampled under this subsection must be purchased from a retailer or the temporary permit holder on whose premises the sampling event is held.
(c) No charge of any sort may be made for a sample serving.
(d) A person may be served more than one sample. Samples may not be served to a minor. No samples may be removed from the permit premises.
(e) The act of providing samples to consumers shall be exempt from the requirement of holding a Kansas food service dealer license from the department of agriculture under the provisions of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2019, ch. 57, § 4; L. 2021, ch. 107, § 16; May 27.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 12 - Temporary Permits › 41-1205 Beer and cereal malt beverage keg registration act not applicable.

41-1205. Beer and cereal malt beverage keg registration act not applicable.
The provisions of beer and cereal malt beverage keg registration act, K.S.A. 41-2901 through 41-2906, and amendments thereto, shall not apply to retail sales of alcoholic liquor to temporary permit holders.
History:
L. 2019, ch. 57, § 5; May 2.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 12 - Temporary Permits › 41-1206 Application of enforcement laws; rules and regulations; definitions.

41-1206. Application of enforcement laws; rules and regulations; definitions.
(a) The provisions of K.S.A. 41-1201 through 41-1205, and amendments thereto, shall be subject to the enforcement provisions of the Kansas liquor control act and the club and drinking establishment act and the rules and regulations adopted under such acts.
(b) The secretary of revenue may adopt rules and regulations for the administration and enforcement of K.S.A. 41-1201 through 41-1205, and amendments thereto.
(c) Those terms used in K.S.A. 41-1201 through 41-1205, and amendments thereto, that are defined in K.S.A. 41-102 or 41-2601, and amendments thereto, shall have the same meaning as such terms are defined in K.S.A. 41-102 or 41-2601, and amendments thereto, as the case may be.
History:
L. 2019, ch. 57, § 6; May 2.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2604 Allowing consumption of alcoholic liquor or cereal malt beverage in violation of act; penalties.

41-2604. Allowing consumption of alcoholic liquor or cereal malt beverage in violation of act; penalties.
(a) Any person allowing consumption of alcoholic liquor or cereal malt beverage in violation of this act on any property owned, leased or otherwise under such person's control shall thereby subject such person and the property on which such illegal consumption takes place to the penalties provided in this section.
(b) The person allowing such consumption shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not to exceed $500 or confinement in the county jail not to exceed six months, or both such fine and imprisonment.
(c) The property on which the violation takes place is declared to be a public nuisance, and as such is subject to abatement as provided for any other liquor nuisance in K.S.A. 41-805, and amendments thereto.
History:
L. 1965, ch. 316, § 4; L. 2021, ch. 107, § 18; May 27.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2605 Licenses; to whom issued.

41-2605.
Licenses; to whom issued.
The director shall issue a license to each applicant for licensure which qualifies under this act. Such license shall be issued in the name of the corporation, municipal corporation, partners, trustees, association officers or individual applying.
History:
L. 1965, ch. 316, § 5; L. 1987, ch. 182, § 61; L. 2010, ch. 142, § 12; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2606 Same; application; fees.

41-2606. Same; application; fees.
(a) Applications for all licenses under this act shall be completed and submitted to the director in a manner prescribed by the director. Each applicant shall submit an application fee of $30 for each initial application and $10 for each renewal application to defray the cost of processing such application.
(b) Each application for licensure as a club shall be accompanied by a copy of the current bylaws and rules of the club and a current list of the officers of the club.
(c) Each applicant shall submit to the division of alcoholic beverage control the full amount of the application fee and:
(1) The full amount of the license fee required to be paid for the kind of license specified in the application; or
(2) one-half of the full amount of the license fee required to be paid for the kind of license specified in the application.
(d) If the applicant elects to pay only one-half of the license fee pursuant to subsection (c)(2), the remaining one-half of the license fee plus 10% of such remaining balance shall be due and payable one year from the date of issuance of the license. Notwithstanding any other provision of law, failure to pay the full amount due under this subsection on the date it is due shall result in the automatic cancellation of such license for the remainder of the license term. The director may, at the director's sole discretion and after examination of the circumstances, extend the date payment is due pursuant to this subsection for not more than 30 days beyond the date such payment is originally due.
(e) Any license fee paid by an applicant shall be returned to the applicant if the application is denied.
(f) Payment of all fees required to be paid pursuant to this section may be made by personal, certified or cashier's check, United States post office money order, debit or credit card or cash, or by electronic payment authorized by the applicant in a manner prescribed by the director.
(g) All fees collected by the director 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.
History:
L. 1965, ch. 316, § 6; L. 1987, ch. 182, § 62; L. 2001, ch. 5, § 130; L. 2010, ch. 142, § 13; L. 2018, ch. 11, § 3; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2607 Club licenses; term; refund of fees, when.

41-2607.
Club licenses; term; refund of fees, when.
(a) The license provided herein shall be issued for a term of two years, renewable on expiration. When the licensee pays the full amount of the license fee upon application and is prevented from operating under such license in accordance with the provisions of this act for the entire second year of the license term, a refund shall be made of one-half of the license fee paid by such licensee. The secretary shall adopt, in accordance with K.S.A. 41-210, and amendments thereto, rules and regulations providing for the authorization of refunds of one-half of the license fee paid when the licensee does not use such license for the entire second year of the license term as a result of the cancellation of the license upon the request of the licensee for voluntary reasons.
(b) The director, may, at the director's sole discretion and after examination of the circumstances, extend the license term of any license for not more than 30 days beyond such date the license would expire pursuant to this section. Any extension of the license term by the director pursuant to this section shall automatically extend the due date for payment by the licensee of any occupation or license tax levied by a city or township pursuant to K.S.A. 41-2622, and amendments thereto, by the same number of days the director has extended the license term.
History:
L. 1965, ch. 316, § 7; L. 1985, ch. 170, § 19; L. 2010, ch. 142, § 14; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2608 Club licenses; premises licensed; zoning compliance; zoning exception for a farm winery or a producer licensee who is a registered agritourism operator; temporary extension of premises.

41-2608. Club licenses; premises licensed; zoning compliance; zoning exception for a farm winery or a producer licensee who is a registered agritourism operator; temporary extension of premises.
(a) Any public venue, club or drinking establishment license issued pursuant to this act shall be for one particular premises that shall be stated in the application and in the license. Not more than one premises licensed under the club and drinking establishment act shall exist at a single legal address.
(b) No license shall be issued for a public venue, club or drinking establishment unless the city, township or county zoning code allows a club or drinking establishment at that location.
(c) The licensed premises of a license may be extend into a city, county or township street, alley, road, sidewalk or highway if:
(1) Such street, alley, road, sidewalk or highway is closed to motor vehicle traffic by the governing body of such city, county or township at any time during which alcoholic liquor or cereal malt beverage is to be sold or consumed; and
(2) such extension has been approved by the city, county or township by ordinance or resolution that specifies the exact times during which alcoholic liquor or cereal malt beverage may be sold or consumed on the street, alley, road, sidewalk or highway.
(d) Notwithstanding the provisions of this section, a license under this act shall be issued to a farm winery or producer licensee who meets the requirements for a license under this act and who is a registered agritourism operator as defined in K.S.A. 32-1432, and amendments thereto. Such license shall not be denied on the basis of any zoning regulation or other regulation, ordinance or resolution of any city or county.
History:
L. 1965, ch. 316, § 8; L. 1987, ch. 182, § 63; L. 2012, ch. 144, § 34; L. 2019, ch. 57, § 20; L. 2021, ch. 107, § 19; L. 2022, ch. 71, § 7; April 28.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2609 Application of Kansas administrative procedure act to proceedings; hearings.

41-2609. Application of Kansas administrative procedure act to proceedings; hearings.
(a) The provisions of the Kansas administrative procedure act shall apply to all proceedings involving the following:
(1) Denial of an application for any license to be issued pursuant to the club and drinking establishment act;
(2) suspension of any license issued pursuant to the club and drinking establishment act;
(3) involuntary cancellation of any license issued pursuant to the club and drinking establishment act;
(4) revocation of any license issued pursuant to the club and drinking establishment act; and
(5) assessment of any civil fine pursuant to K.S.A. 41-2633a, and amendments thereto.
(b) No license shall be suspended, involuntarily canceled or revoked except after an opportunity for a hearing before the director.
History:
L. 1965, ch. 316, § 9; L. 1986, ch. 318, § 50; L. 1987, ch. 182, § 64; L. 2015, ch. 82, § 18; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2610 Unlawful acts of licensee; employment restrictions.

41-2610. Unlawful acts of licensee; employment restrictions.
It shall be unlawful for any licensee or holder of a temporary permit under this act to:
(a) Employ any person under the age of 18 years in connection with the serving of alcoholic liquor or cereal malt beverage.
(b) Employ knowingly or continue in employment any person in connection with the dispensing or serving of alcoholic liquor or cereal malt beverage or the mixing of drinks containing alcoholic liquor or cereal malt beverage who has been adjudged guilty of a felony or of any crime involving a morals charge in this or any other state, or of the United States.
(c) Knowingly employ or continue to employ any person in connection with the dispensing or serving of alcoholic liquor or cereal malt beverage, or the mixing of drinks containing alcoholic liquor or cereal malt beverage, who has been adjudged guilty of two or more violations of K.S.A. 21-5607, and amendments thereto, furnishing alcoholic liquor or cereal malt beverage to minors or a similar law of any other state, or of the United States, pertaining to furnishing alcoholic liquor or cereal malt beverage to minors within the immediately preceding five years, or who has been adjudged guilty of three or more violations of any intoxicating liquor law of this or any other state, or of the United States, not involving the furnishing of alcoholic liquor or cereal malt beverage to minors within the immediately preceding five years.
(d) In the case of a club, fail to maintain at the licensed premises a current list of all members and their residence addresses or refuse to allow the director, any of the director's authorized agents or any law enforcement officer to inspect such list.
(e) Purchase alcoholic liquor or cereal malt beverage from any person except from a person authorized by law to sell such alcoholic liquor or cereal malt beverage to such licensee or permit holder.
(f) Permit any employee of the licensee or permit holder who is under the age of 21 years to work on premises where alcoholic liquor or cereal malt beverage is sold by such licensee or permit holder at any time when not under the on-premises supervision of either the licensee or permit holder, or an employee who is 21 years of age or over.
(g) Employ any person under 21 years of age in connection with the mixing or dispensing of drinks containing alcoholic liquor or cereal malt beverage.
History:
L. 1965, ch. 316, § 10; L. 1975, ch. 52, § 17; L. 1978, ch. 189, § 15; L. 1979, ch. 152, § 6; L. 1985, ch. 171, § 4; L. 1987, ch. 182, § 65; L. 2013, ch. 130, § 8; L. 2021, ch. 107, § 20; May 27.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2611 Grounds for suspension, involuntary cancellation or revocation of license.

41-2611. Grounds for suspension, involuntary cancellation or revocation of license.
The director may suspend, involuntarily cancel or revoke any license issued pursuant to the club and drinking establishment act for any one or more of the following reasons:
(a) The licensee has fraudulently obtained the license by giving false information in the application therefor or any hearing thereon.
(b) The licensee has violated any of the provisions of the club and drinking establishment act, any rules or regulations adopted pursuant to such act or any lawful order issued by the director.
(c) The licensee has become ineligible to obtain a license or permit under this act.
(d) The licensee's manager or employee has been intoxicated while on duty.
(e) The licensee, or its manager or employee, has permitted any disorderly person to remain on premises where alcoholic liquor or cereal malt beverage is sold by such licensee.
(f) There has been a violation of a provision of the laws of this state, or of the United States, pertaining to the sale of intoxicating or alcoholic liquor or cereal malt beverage, or any crime involving a morals charge, on premises where alcoholic liquor or cereal malt beverage is sold by such licensee.
(g) The licensee, or its managing officers or any employee, has purchased and displayed, on premises where alcoholic liquor or cereal malt beverage is sold by such licensee, a federal wagering occupational stamp issued by the United States treasury department.
(h) The licensee, or its managing officers or any employee, has purchased and displayed, on premises where alcoholic liquor or cereal malt beverage is sold by such licensee, a federal coin operated gambling device stamp for the premises issued by the United States treasury department.
(i) The licensee holds a license as a class B club, drinking establishment or caterer and:
(1) Has been found guilty of a violation of article 10 of chapter 44 of the Kansas Statutes Annotated, and amendments thereto, under a decision or order of the Kansas human rights commission that has become final; or
(2) such licensee has been found guilty of a violation of K.S.A. 21-4003, prior to its repeal, or K.S.A. 21-6102, and amendments thereto.
(j) There has been a violation of K.S.A. 21-4106 or 21-4107, prior to their repeal, or K.S.A. 21-6204, and amendments thereto, on premises where alcoholic liquor or cereal malt beverage is sold by such licensee.
History:
L. 1965, ch. 316, § 11; L. 1978, ch. 186, § 4; L. 1979, ch. 152, § 7; L. 1987, ch. 182, § 66; L. 1991, ch. 148, § 1; L. 2004, ch. 1, § 1; L. 2011, ch. 30, § 182; L. 2015, ch. 82, § 19; L. 2021, ch. 107, § 21; May 27.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2612 Display of license.

41-2612. Display of license.
Every holder of a license for a club or drinking establishment shall cause such license to be framed and hung in plain view in a conspicuous place on the licensed premises. In the case of a railway car, the license shall be posted at its main office which shall be stated in the application.
History:
L. 1965, ch. 316, § 12; L. 1987, ch. 182, § 67; L. 2012, ch. 144, § 35; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2613 Immediate entry to and inspection of premises as condition of license or permit; revocation for refusal.

41-2613. Immediate entry to and inspection of premises as condition of license or permit; revocation for refusal.
The right of immediate entry to and inspection of any premises licensed as a public venue, club or drinking establishment or any premises where alcoholic liquor or cereal malt beverage is sold by a holder of a temporary permit, or any premises subject to the control of any licensee or temporary permit holder, by any duly authorized officer or agent of the director, or by any law enforcement officer, shall be a condition on which every license or temporary permit is issued, and the application for, and acceptance of, any license or temporary permit shall conclusively be deemed to be the consent of the applicant and licensee or permit holder to such immediate entry and inspection. Such right of immediate entry and inspection shall be at any time when the premises are occupied and is not limited to hours when the club or drinking establishment is open for business. Such consent shall not be revocable during the term of the license or temporary permit. Refusal of such entry shall be grounds for revocation of the license or temporary permit.
History:
L. 1965, ch. 316, § 13; L. 1987, ch. 182, § 68; L. 1991, ch. 142, § 1; L. 2012, ch. 144, § 36; L. 2021, ch. 107, § 22; May 27.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2614 Hours of operation.

41-2614. Hours of operation.
(a) Except as provided by subsection (c), no public venue, club or drinking establishment shall allow the serving, mixing or consumption of alcoholic liquor or cereal malt beverage on its premises between the hours of 2:00 a.m. and 6:00 a.m. on any day.
(b) No caterer shall allow the serving, mixing or consumption of alcoholic liquor or cereal malt beverage between the hours of 2:00 a.m. and 6:00 a.m. on any day at an event catered by such caterer.
(c) A hotel of which the entire premises are licensed as a drinking establishment or as a drinking establishment caterer may allow at any time the serving, mixing and consumption of alcoholic liquor and cereal malt beverage from a minibar in a guest room by guests registered to stay in such room, and guests of guests registered to stay in such room.
History:
L. 1965, ch. 316, § 14; Repealed, L. 1985, ch. 174, § 5; L. 1987, ch. 182, § 69; Repealed, L. 1987, ch. 182, § 144; Revived and amended, L. 1987, ch. 183, § 2; L. 1995, ch. 266, § 3; L. 2012, ch. 144, § 37; L. 2018, ch. 99, § 6; L. 2019, ch. 57, § 21; L. 2021, ch. 107, § 23; May 27.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2615 Possession or consumption by minor prohibited.

41-2615.
Possession or consumption by minor prohibited.
(a) No licensee or permit holder, or any owner, officer or employee thereof, shall knowingly or unknowingly permit the possession or consumption of alcoholic liquor or cereal malt beverage by a minor on premises where alcoholic beverages are sold by such licensee or permit holder, except that a licensee's or permit holder's employee who is not less than 18 years of age may serve alcoholic liquor or cereal malt beverage under the on-premises supervision of the licensee or permit holder, or an employee who is 21 years of age or older.
(b) Violation of this section is a misdemeanor punishable by a fine of not less than $100 and not more than $250 or imprisonment not exceeding 30 days, or both.
(c) It shall be a defense to a prosecution under this section if: (1) 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 (2) 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. 1965, ch. 316, § 15; L. 1987, ch. 182, § 70; L. 1993, ch. 173, § 3; L. 1994, ch. 300, § 2; L. 2008, ch. 126, § 9; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2619 Search warrant for premises where alcoholic liquor or cereal malt beverage is sold by the drink without license or permit.

41-2619. Search warrant for premises where alcoholic liquor or cereal malt beverage is sold by the drink without license or permit.
The existence of any place for which a license or temporary permit has not been issued pursuant to this act and which purports, or is held out to the public or to any person by the proprietors or their agents or employees, to be a place where alcoholic liquor or cereal malt beverage is sold by the individual drink, shall be deemed to be sufficient probable cause for any judge of the district court to issue a search warrant to any law enforcement officer of the state or a subdivision of the state for the purpose of searching such place for alcoholic liquor or cereal malt beverage being sold, possessed or consumed in violation of this act, any other law of the state or any ordinance of a municipal subdivision of the state.
History:
L. 1965, ch. 316, § 19; L. 1976, ch. 145, § 194; L. 1987, ch. 182, § 71; L. 2021, ch. 107, § 24; May 27.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2620 Sale of liquor by the drink without license or permit prohibited.

41-2620.
Sale of liquor by the drink without license or permit prohibited.
(a) No person shall maintain or operate any club or drinking establishment in this state without having in such person's possession for the location of the establishment a valid unexpired and unrevoked license issued by the director for such club or establishment.
(b) No person shall act as a caterer in this state without having in such person's possession a valid unexpired and unrevoked caterer's license issued by the director.
(c) No person or organization shall sponsor, conduct or hold an event in this state which requires a temporary permit unless such person or organization has in such person's or organization's possession a temporary permit issued by the director for such event and such event is conducted in accordance with the terms of such permit.
History:
L. 1965, ch. 316, § 20; L. 1987, ch. 182, § 72; April 30.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2621 Club or drinking establishment license limited to premises specified.

41-2621.
Club or drinking establishment license limited to premises specified.
A club or drinking establishment license shall allow the licensee to operate a club or drinking establishment only at the premises specified in such license in accordance with the provisions of this act and the rules and regulations adopted by the secretary as provided by K.S.A. 41-210 and amendments thereto.
History:
L. 1965, ch. 316, § 21; L. 1985, ch. 170, § 20; L. 1987, ch. 182, § 73; April 30.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2623a Licensure qualifications for limited liability company.

41-2623a. Licensure qualifications for limited liability company.
(a) Notwithstanding any other provision of law, any limited liability company applying for a license under the club and drinking establishment act shall be required to meet the qualifications for licensure of a corporation under K.S.A. 41-2623, and amendments thereto.
(b) Any limited liability company applying for a license under the club and drinking establishment 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 club and drinking establishment act.
History:
L. 2015, ch. 82, § 9; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2625 Same; corporations and partnerships.

41-2625.
Same; corporations and partnerships.
(a) No corporation shall be issued a license as a club, drinking establishment or caterer unless such corporation first appoints a citizen of the United States, and resident of Kansas, as its agent and files with the director a duly authenticated copy of a duly executed power of attorney authorizing such agent to: (1) Accept service of process from the director and the courts of this state; and (2) exercise full authority of such corporation and full authority, control and responsibility for the conduct of all business and transactions of the corporation within the state relative to the business licensed. Such agent must have the qualifications of a licensee except for the qualification of residence. Such agent shall at all times be maintained by such corporation.
(b) No corporation shall be issued a license as a club, drinking establishment or caterer unless such corporation first files with the director a copy of its articles of incorporation and its bylaws.
(c) No partnership shall be issued a license as a club, drinking establishment or caterer unless such partnership first files with the director a copy of the partnership agreement.
History:
L. 1965, ch. 316, § 25; L. 1987, ch. 182, § 76; April 30.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2626 Violations of act or rules and regulations; revocation or suspension of license.

41-2626.
Violations of act or rules and regulations; revocation or suspension of license.
Whenever any licensee under this act has been convicted by any court of a violation of any of the provisions of this act, or the rules and regulations lawfully promulgated thereunder, the director shall revoke or suspend the licensee's license in an original proceeding brought before the director for that purpose. The proceeding shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History:
L. 1965, ch. 316, § 26; L. 1987, ch. 182, § 77; L. 1988, ch. 356, § 136; July 1, 1989.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2627 Club or drinking establishment license; change in premises.

41-2627.
Club or drinking establishment license; change in premises.
The provisions of K.S.A. 41-315, and amendments thereto, relating to retail licenses under the Kansas liquor control act are hereby made applicable to licenses issued under the provisions of this act for clubs and drinking establishments.
History:
L. 1965, ch. 316, § 27; L. 1987, ch. 182, § 78; April 30.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2628 Time limit for grant or denial of license.

41-2628.
Time limit for grant or denial of license.
The provisions of K.S.A. 41-319, and amendments thereto, relating to applications for retailers' licenses under the Kansas liquor control act shall apply to applications for licenses made under the provisions of this act.
History:
L. 1965, ch. 316, § 28; L. 1987, ch. 182, § 79; April 30.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2630 Injunction for violation of act by licensee.

41-2630.
Injunction for violation of act by licensee.
The attorney general, the attorney for the director or any county or district attorney, within their county or district, shall at all times have the power to enjoin any person from operating or maintaining a club or drinking establishment or business as a caterer within their respective jurisdictions, notwithstanding the person has a license therefor, if it appears that the licensee has violated any provision of this act, or any of the rules and regulations adopted under this act. Such injunction proceedings shall be the same as is now prescribed for the enjoining of alcoholic liquor nuisances under the Kansas liquor control act.
History:
L. 1965, ch. 316, § 30; L. 1985, ch. 170, § 22; L. 1987, ch. 182, § 81; April 30.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2631 City ordinance conflicting with act void; ordinance limitations.

41-2631.
City ordinance conflicting with act void; ordinance limitations.
No city shall enact any ordinance in conflict with or contrary to the provisions of this act and any ordinance of any city in effect at the time this act takes effect or thereafter enacted which is in conflict with or contrary to the provisions of this act shall be null and void. Nothing contained in this section shall be construed as preventing any city from enacting ordinances declaring acts prohibited or made unlawful by this act as unlawful or prohibited in such city and prescribing penalties for violations thereof, but the minimum penalty in any such ordinance shall not exceed the minimum penalty prescribed by this act for the same violation, nor shall the maximum penalty in any such ordinance exceed the maximum penalty prescribed by this act for the same violation.
History:
L. 1965, ch. 316, § 31; May 22.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2632 Influencing purchases by licensees prohibited.

41-2632. Influencing purchases by licensees prohibited.
(a) As used in this section:
(1) "Distributor" means a person, firm, association or corporation that is the holder of an alcoholic liquor distributor's license issued under the Kansas liquor control act;
(2) "retailer" means a person, copartnership or association that is the holder of a retailer's license issued under the Kansas liquor control act; and
(3) "manufacturer" means the same as such term is defined in K.S.A. 41-102, and amendments thereto.
(b) It shall be unlawful for a distributor of alcoholic liquor, or a manufacturer, or any officer, agent or employee thereof, to influence, coerce or induce or attempt to influence, coerce or induce, either directly or indirectly, any holder of a license issued under this act, or any officer, agent or employee of the holder of such a license, to: (1) Purchase any particular brand or kind of alcoholic liquor to be dispensed by the licensee, except that a distributor or manufacturer may provide to a licensee information regarding the availability of brands in the market and things of value as authorized by K.S.A. 41-703(d), and amendments thereto; or (2) purchase from a particular retailer alcoholic liquor to be dispensed by the licensee.
(c) Violation of this section is a misdemeanor punishable by a fine of not less than $100 nor more than $1,000 or by imprisonment for not more than six months, or by both.
(d) The provisions of this section shall not apply to any manufacturer who holds a drinking establishment license with respect to purchases made by such drinking establishment.
History:
L. 1965, ch. 316, § 32; L. 1987, ch. 182, § 82; L. 1991, ch. 141, § 4; L. 2021, ch. 107, § 26; May 27.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2633 Violations of act or rules and regulations; criminal penalty.

41-2633.
Violations of act or rules and regulations; criminal penalty.
Violation of any provision of the club and drinking establishment act, and amendments thereto, or any rule or regulation adopted thereunder, for which a penalty is not otherwise specifically provided is punishable by a fine not to exceed $500 or imprisonment not to exceed six months, or both.
History: L. 1965, ch. 316, § 33; L. 1978, ch. 186, § 9; L. 1979, ch. 152, § 8; L. 1987, ch. 182, § 83; April 30.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2633a Violations of act by licensee or permit holder; civil fine.

41-2633a. Violations of act by licensee or permit holder; civil fine.
(a) In addition to or in lieu of any other civil or criminal penalty provided by law, the director, upon a finding that a licensee or temporary permit holder under the club and drinking establishment act has violated any provision thereof, may impose on such licensee or temporary permit holder a civil fine not exceeding $1,000 for each violation.
(b) No fine shall be imposed pursuant to this section except upon the written order of the director to the licensee or temporary permit holder who committed the violation. Such order shall state the violation, the fine to be imposed and the right of the licensee or temporary permit holder to appeal the order. Such order shall be subject to appeal and review in accordance with the provisions of the Kansas administrative procedure act.
(c) Any fine imposed pursuant to this section shall be paid to the state treasurer, who shall deposit the same in the state treasury and credit it to the state general fund.
History:
L. 1979, ch. 151, § 2; L. 1986, ch. 318, § 51; L. 1987, ch. 184, § 3; L. 1987, ch. 182, § 84; L. 2015, ch. 82, § 20; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2633b Administrative orders; civil fines; time limit on orders.

41-2633b. Administrative orders; civil fines; time limit on orders.
(a) Notwithstanding the provisions of either the Kansas administrative procedure act, and amendments thereto, or any rule and regulation adopted pursuant to the club and drinking establishment act, and amendments thereto, governing the issuance of any written administrative notice or order concerning the imposition of any proposed civil fine or other penalty to be imposed for a violation of any of the provisions of the club and drinking establishment act, K.S.A. 41-2601 et seq., and amendments thereto, such notice or order shall be issued no later than 90 days after the date a citation for such violation was issued.
(b) This section shall be part of and supplemental to the provisions of the Kansas club and drinking establishment act, K.S.A. 41-2601 et seq., and amendments thereto.
History:
L. 2013, ch. 130, § 2; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2634 Rules and regulations; criteria for class A clubs.

41-2634.
Rules and regulations; criteria for class A clubs.
(a) The secretary of revenue may adopt rules and regulations for the administration and enforcement of article 26 of chapter 41 of Kansas Statutes Annotated.
(b) The secretary of revenue shall adopt rules and regulations establishing criteria for determining whether an applicant or licensee is a bona fide nonprofit social, fraternal or war veterans club, based on the following standards:
(1) An applicant or licensee is a bona fide nonprofit social club if:
(A) It is organized and operated exclusively for pleasure, recreation and other nonprofitable purposes; and
(B) no part of its net earnings inures to the benefit of any of its private shareholders or members.
(2) An applicant or licensee is a bona fide nonprofit fraternal club if:
(A) It is a fraternal beneficiary society, order or association which operates under the lodge system, or for the exclusive benefit of the members of a fraternity itself operating under the lodge system; and
(B) such society, order or association provides for the payment of life, sickness, accident or other benefits to its members or their dependents.
(3) An applicant or licensee is a bona fide nonprofit war veterans club if:
(A) It is a post or organization of war veterans or an auxiliary unit or society of, or a trust or foundation for, any such post or organization, organized in the United States or any of its possessions;
(B) not less than seventy-five percent (75%) of its members are war veterans and substantially all of its other members are veterans or widows or widowers of veterans; and
(C) no part of its net earnings inures to the benefit of any private shareholder or individual.
(c) Any rules and regulations adopted pursuant to subsection (d) shall be based on the same criteria and standards used to determine the right to exemption from federal income taxes pursuant to section 501(c)(7), (8) and (19) of the internal revenue code of 1954, as amended.
History:
L. 1965, ch. 316, § 34; L. 1972, ch. 342, § 60; L. 1974, ch. 196, § 2; L. 1978, ch. 186, § 5; L. 1987, ch. 182, § 85; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2635 Severability.

41-2635.
Severability.
If any phrase, clause, sentence or section of this act is declared invalid or unconstitutional by any court of competent jurisdiction it shall be conclusively presumed that the legislature would have passed the remainder of the act without the part so held invalid or unconstitutional.
History:
L. 1965, ch. 316, § 38; May 22.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2636 Sale of class A club license prohibited.

41-2636.
Sale of class A club license prohibited.
(a) No person shall sell or offer for sale any class A club license.
(b) This section shall be part of and supplemental to K.S.A. 41-2601 to 41-2635, inclusive, and amendments thereto.
History:
L. 1978, ch. 186, § 6; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2639 Sale of club memberships; restrictions.

41-2639.
Sale of club memberships; restrictions.
(a) No person shall receive a commission or other compensation for the sale of any membership to a club.
(b) No person shall sell or offer for sale any membership to a club except on the licensed premises of such club.
(c) This section shall be part of and supplemental to K.S.A. 41-2601 to 41-2637, inclusive, and amendments thereto.
History:
L. 1979, ch. 152, § 10; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2644 Drinking establishment caterer license; rights of licensee.

41-2644. Drinking establishment caterer license; rights of licensee.
A license for a drinking establishment caterer shall allow the licensee all the rights and privileges of a holder of a drinking establishment license and of a licensed caterer, subject to all provisions of law relating to such an establishment or caterer.
History:
L. 1987, ch. 182, § 90; L. 2019, ch. 57, § 27; May 2.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2647 Possession of liquor or cereal malt beverage on licensed premises.

41-2647.
Possession of liquor or cereal malt beverage on licensed premises.
(a) Nothing in the club and drinking establishment act shall be construed to prohibit a person from possessing, on premises licensed pursuant to such act, alcoholic liquor or cereal malt beverage not purchased from the licensee.
(b) Nothing in this section shall prevent a licensee from adopting a policy prohibiting the possession, on the licensee's licensed premises, of alcoholic liquor or cereal malt beverage not purchased from the licensee.
History:
L. 1987, ch. 182, § 93; April 30.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2648 Effective date of license; conversion of club license to drinking establishment license.

41-2648. Effective date of license; conversion of club license to drinking establishment license.
(a) No drinking establishment license, caterer's license or temporary permit shall be effective before July 1, 1987.
(b) On and after July 1, 1987, the director may provide procedures whereby a license for a class B club issued before July 1, 1987, may be converted to a drinking establishment license or a drinking establishment caterer license if all requirements of this act are met and the licensee pays that portion of the additional license fee, if any, attributable to the remaining unexpired license term.
History:
L. 1987, ch. 182, § 95; L. 2019, ch. 57, § 28; May 2.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2649 Title of act.

41-2649.
Title of act.
K.S.A. 41-2601, 41-2604 through 41-2615, 41-2619 through 41-2623, 41-2625 through 41-2633, 41-2633a, 41-2634 through 41-2637, 41-2639 and 41-2640, and amendments thereto, and K.S.A. 41-2641 through 41-2648 shall be known and may be cited as the club and drinking establishment act.
History:
L. 1987, ch. 182, § 96; April 30.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2650 Severability.

41-2650.
Severability.
If any provisions of this act or the application thereof to any person or circumstances is held invalid the invalidity does not affect other provisions or applications of this 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. 1987, ch. 182, § 143; April 30.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 26 - Licensure And Regulation Of Sale Of Liquor By The Drink › 41-2651 Application for licensure, renewal, suspension or revocation; notice to governing body of city or county; power of such governing body to request suspension or revocation hearing; hearings.

41-2651.
Application for licensure, renewal, suspension or revocation; notice to governing body of city or county; power of such governing body to request suspension or revocation hearing; hearings.
(a) When application for licensure or renewal of licensure as a club or drinking establishment is received by the director, the director shall notify the governing body of the city or county where the premises to be licensed are located, if such governing body requests such notification.
(b) No such license or renewal shall be granted by the director until the expiration of at least 10 days from the time of filing the application for licensure or renewal with the director, during which period the governing body of any city or county notified pursuant to subsection (a) may request the director to hold a hearing on the granting or refusal to grant such license or renewal.
(c) At any time, the governing body of any city or county may request the director to hold a hearing on whether any license issued pursuant to this act should be revoked or suspended. The governing body shall provide the director reasonable cause to believe a hearing is necessary based upon factors included in rules and regulations by the secretary. The director may refuse the governing body's request absent such reasonable cause.
(d) Any hearing held pursuant to this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act as provided in K.S.A. 41-2609, and amendments thereto.
(e) At any hearing held pursuant to this section the governing body of such city or county shall have the right to appear before the director and present testimony and evidence and make recommendations regarding the granting or refusal to grant such license or renewal, or whether such license should be revoked or suspended. In determining whether to grant or to refuse to grant such license or renewal, or to revoke or suspend such license, the director shall take into consideration the testimony and evidence and recommendations of the governing body of such city or county. The director may refuse to grant such license or renewal, or may revoke or suspend such license based on the evidence gathered at such hearing, in the interest of protecting the public welfare, and in accordance with rules and regulations adopted by the secretary.
(f) This section shall be part of and supplemental to the club and drinking establishment act.
History:
L. 1991, ch. 142, § 2; L. 2009, ch. 114, § 11; July 1.