reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 17 - MISCELLANEOUS › Section 14-17-1 - Surety bonds; form and require-ments

Current through Register Vol. 43, No. 28, July 11, 2024
All bonds required to be executed under the provisions of the
				act or the rules and regulations of the director shall be to the state director
				of alcoholic beverage control for and on behalf of the state of Kansas, and
				executed by good and sufficient corporate sureties licensed to do business
				within the state of Kansas. Each said bond shall be countersigned by a Kansas
				resident agent whose authority to sign said bond shall be evidenced by a duly
				and properly executed power of attorney, and said power of attorney shall be
				attached to each said bond at the time of filing the same with the director.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 17 - MISCELLANEOUS › Section 14-17-2 - Sacramental wine, importation, sale, transportation, and delivery

Current through Register Vol. 43, No. 28, July 11, 2024
No license of any kind shall be required of any person to ship
				wine into this state which is to be used exclusively for sacramental purposes,
				when such wine is shipped by common carrier and consigned to any bona fide
				priest, pastor, bishop, rabbi, preacher or minister of the gospel of any
				religious faith or denomination, and the container, barrel, case, or carton
				thereof is plainly and legibly labeled: "Wine to be used exclusively for
				sacramental purposes"; and no licenses or transportation permit, shall be
				required for the importation and the delivery, transportation, or distribution
				within this state of any such wine when it is consigned to any such bona fide
				priest, pastor, bishop, rabbi, preacher or minister of the gospel, and the
				container, barrel, case, or carton is plainly and legibly labeled as above
				required.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 17 - MISCELLANEOUS › Section 14-17-3 - Sheriffs' sales of confiscated liquor; sheriff to make report of sales to director

Current through Register Vol. 43, No. 28, July 11, 2024
Whenever any identification stamps shall be sold to a sheriff
				to be placed upon confiscated alcoholic liquors which he has been authorized to
				sell by a court having authority to issue such an order of sale, the sheriff
				conducting said sale shall make a return under oath to the director which
				return shall show: The names and addresses of the person or persons to whom
				such alcoholic liquor was sold, the quantity of each particular type, brand and
				kind of alcoholic liquor sold to each purchaser, and if any purchaser is a
				licensed distributor or retailer the license number of said purchaser shall be
				shown upon said return.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 17 - MISCELLANEOUS › Section 14-17-4 - Subterfuge in effort to circumvent rules deemed violation

Current through Register Vol. 43, No. 28, July 11, 2024
Any act which may be construed as a subterfuge in an effort to
				circumvent any of these rules and regulations shall be deemed a violation of
				the rule or regulation attempted to be circumvented.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 17 - MISCELLANEOUS › Section 14-17-5 - Acceptance of hospitality by director and employees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each person who
			 has a special interest in the sale of alcoholic liquor or who is licensed,
			 inspected or regulated by the alcoholic beverage control division shall not
			 offer, pay, give or make any economic opportunity, gift, loan, gratuity,
			 special discount, favor, hospitality or service having an aggregate value of
			 $100 or more in any calendar year to the director or any agent or employee of
			 the director.
(b) Hospitality in
			 the form of food and beverage shall be generally excluded from the provisions
			 of this regulation and shall not be used to circumvent guidelines described in
			 subsection (a) above.
(c) This
			 regulation shall take effect on or after October 1, 1988.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 17 - MISCELLANEOUS › Section 14-17-6 - Acceptance of hospitality by the director; employees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Personal gifts
			 to the director or any agent or employee of the director of liquor, money,
			 services or any other thing of value from any manufacturer, distributor,
			 wholesaler or retailer of alcoholic liquor, applicant for a license or licensee
			 regardless of the dollar value of the item, shall not be allowed, except as
			 provided for in subsection (b).
(b) The director, or any agent or employee of
			 the director may, in the course of official business, attend conventions,
			 seminars, workshops and other business meetings where food and drink are
			 provided to the director, agent or employee as a participant.
(c) Each agent or employee shall receive
			 prior approval from the director before attending a function where food and
			 drink are provided free of charge or at a reduced cost.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 17 - MISCELLANEOUS › Section 14-17-7 - Determination of Kansas residency

Current through Register Vol. 43, No. 28, July 11, 2024
For the purpose of determining whether an individual meets the
				requirement to be a resident of Kansas for any license issued pursuant to the
				liquor control act or the club and drinking establishment act, the following
				requirements shall apply:
(a) An
			 individual shall be deemed to have established residence in Kansas on the date
			 the individual arrives in the state for other than temporary or transitory
			 purposes. Residence in Kansas shall be deemed to have terminated on the date
			 the individual leaves the state and abandons any intention of returning to
			 Kansas.
(b) In evaluating whether
			 an individual intends to be a resident of Kansas, the following factors shall
			 be considered, in order of decreasing importance:
(1) Whether the individual has filed any
			 income tax returns in Kansas as a resident;
(2) whether the individual is registered to
			 vote in Kansas;
(3) whether the
			 individual has a Kansas driver's license or identification card; and
(4) whether the individual owns or rents a
			 residence in Kansas and, if so, whether the utilities are in that individual's
			 name.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-4a - Liquor pool; storage

Current through Register Vol. 43, No. 28, July 11, 2024
All alcoholic liquor attributable to the member's liquor pool
				shall be stored and maintained in the licensed premises of the club in a safe
				manner. No such alcoholic liquor shall be stored at a place other than in the
				area designated as being licensed except upon written approval of the director.
				The director shall not grant such approval except upon showing extraordinary
				circumstance requiring off-premises storage and not until the club demonstrates
				that it has exclusive control of this additional storage area. If approval is
				given by the director to store pool liquor at a location other than the
				licensed premises, such approved storage area shall not be a location where
				individuals may resort to for the consumption of food and/or alcoholic
				beverages and for entertainment.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-15 - Applications and renewals; documents required

Current through Register Vol. 43, No. 28, July 11, 2024
Each application for a class A club license shall be made upon
				forms prepared by the director and shall contain all information the director
				deems necessary. Any application which does not contain the required
				information may be returned to the applicant without the application being
				considered on its merits.
(a) General
			 requirements. Each application for a class A club license shall be accompanied
			 by the following documents and all other documents the director deems
			 necessary:
(1) A copy of a written lease,
			 with at least nine months remaining in its term from the date the license is
			 issued, or proof of ownership by the applicant of the premises sought to be
			 licensed;
(2) a copy of any
			 management or catering contract in force or a proposed management or catering
			 contract, if applicable;
(3) a
			 description of the club premises. The description may include those areas
			 outside the main service area that are in close proximity to the main service
			 area and are located upon property subject to legal occupation by the
			 applicant, as approved by the director. The description shall state the
			 location of the licensed premises, the approximate dimensions of the licensed
			 premises, enough detail to identify the licensed premises and a depiction of
			 the liquor storage area;
(4) a
			 certified statement from the applicant that the licensed premises are located:
(A) in an area where the zoning regulations
			 of either the city, township or county allow the operation of a club; or
(B) in an area where no zoning
			 regulations have been adopted;
(5) the registration fee in the form of a
			 certified check, cashier's check, money order or cash. Personal or business
			 checks shall not be accepted;
(6)
			 the license fee in the form of a certified check, cashier's check, money order
			 or cash. Personal or business checks shall not be accepted;
(7) a disclosure statement listing each
			 owner, officer, manager, trustee, director, stockholder owning in the aggregate
			 more than 5% of the common or preferred stock, grantor or beneficiary, and the
			 spouses of each of these individuals. The disclosure statement shall certify
			 that all the individuals listed are not disqualified from obtaining a club
			 license as provided in K.A.R. 14-19-16; and
(8) a disclosure statement listing all
			 personnel who will be mixing or dispensing alcoholic liquor.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-16 - Requirements for class A club license

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Corporations. A
			 corporation shall not be issued a class A club license if any officer, manager,
			 director, stockholder owning a beneficial interest in the corporation or spouse
			 of these individuals:
(1) Has been convicted
			 of a felony under the laws of this state, any other state or the United States;
(2) has been convicted of being
			 the keeper or is keeping a house of prostitution or has forfeited bond to
			 appear in court to answer charges of being a keeper of a house of prostitution;
(3) has been convicted of being a
			 proprietor of a gambling house, pandering or any other crime opposed to decency
			 and morality or has forfeited bond to appear in court to answer charges for any
			 of those crimes;
(4) is not at
			 least 21 years of age. This shall not apply to the spouse of the individual;
(5)
(A) Appoints or supervises any law
			 enforcement officer, other than as a member of the governing body of a city or
			 county;
(B) is a law enforcement
			 official; or
(C) is an employee of
			 the director.
Paragraph (5), above, shall not apply to an officer of a post
				home, a congressionally chartered service or fraternal organization or a
				benevolent association or society thereof;
(6) intends to act as the agent of another in
			 exercising control of the license;
(7) at the time of application for renewal of
			 the license issued by the director would be ineligible for the license upon a
			 first application. This shall not apply if the officer's, director's, manager's
			 or stockholder's spouse is ineligible upon the application for renewal;
(8) has had any license or permit
			 issued by the director revoked;
(9) has a beneficial interest in the
			 manufacture, preparation or wholesale or retail sale of alcoholic liquors or a
			 beneficial interest in any other club or drinking establishment licensed by the
			 director. Any officer, manager, director, stockholder or spouse of these
			 individuals may own a beneficial interest in a distributor or retailer if the
			 club purchases no alcoholic liquor from that distributor or retailer; and
(10) has been an officer, manager
			 or director or a stockholder owning a beneficial interest in a corporation
			 which:
(A) Has had a license revoked under
			 the provisions of the club and drinking establishment act; or
(B) has been convicted of a violation of the
			 club and drinking establishment act or the cereal malt beverage laws of this
			 state.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-17 - Issuance of license

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An annual class
			 A club license shall be issued to each applicant determined by the director to
			 have satisfied the requirements of the club and drinking establishment act and
			 this article of these regulations.
(b) An application for a license may be
			 rejected by the director if:
(1) the
			 applicant's officers, directors, partners, registered agent, managers or owners
			 have previously owned or operated under any type of retail liquor, club,
			 drinking establishment or caterer's license, and at the time the previous
			 license was surrendered, the licensee had been ordered to appear and show cause
			 why the license should not be revoked or suspended;
(2) the application is for premises which
			 were the subject of the order to appear and show cause as set forth in
			 paragraph (1), above, and it appears that the new application for a license is
			 an attempt to avoid any possible remedial action taken by the director against
			 the former licensee;
(3) the
			 applicant's officers, directors, partners, registered agent, managers or
			 owners, are currently delinquent in payment of any excise or enforcement tax,
			 fees or fines to the State of Kansas; or
(4) the applicant's officers, directors,
			 partners, registered agent, managers or owners have previously owned or
			 operated any retail liquor, club, drinking establishment or caterer's license,
			 and at the time the previous license was surrendered, the licensee was
			 delinquent in payment of any excise or enforcement tax, fees or fines to the
			 State of Kansas; or
(5) the
			 application is for premises which were the subject of the delinquent taxes as
			 set forth in paragraph (3), above, and it appears that the new application for
			 a license is an attempt to avoid payment of the tax.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-18 - Licenses, loss or destruction of; application for and issuance of duplicate

Current through Register Vol. 43, No. 28, July 11, 2024
Whenever any license issued by the director is lost or
				destroyed before its expiration, the club to which the license was issued may
				make written application to the director for a duplicate license. The
				application shall set forth all the facts and circumstances concerning the loss
				or destruction of the license and shall be sworn to by each person applying for
				the duplicate. Upon review of the application, a duplicate license may be
				issued by the director.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-20 - Refund upon voluntary cancellation

Current through Register Vol. 43, No. 28, July 11, 2024
If the license of any club is canceled, except through
				revocation or suspension, the club shall be eligible for a refund of a portion
				of the annual license fee. The refund shall be equal to one-twelfth of the
				annual license fee for each full calendar month of the license year which
				remains at the time of the cancellation. The refund shall only be made upon
				application to the director.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-21 - Guests of members; reciprocal members; registration

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A club shall
			 only admit members, guests of members, reciprocal members or guests of
			 reciprocal members. Admission of any other individual to the licensed premises
			 is prohibited.
(b) "Reciprocal
			 member" means an individual who belongs to a club which has executed a written
			 reciprocal agreement with the club to which access is sought, as provided by
			 K.A.R. 14-19-23, and has filed the agreement with the director.
(c) Each club that has entered into
			 reciprocal agreements shall keep on the licensed premises a reciprocal guest
			 book in which each reciprocal member shall legibly sign his or her name each
			 time the member enters the club. Each reciprocal member shall show the member's
			 personal address and the name and city address of the club of original
			 membership.
(d) The privileges
			 extended to reciprocal members shall be determined by the written reciprocal
			 agreement. Each guest or reciprocal member shall be entitled to all the
			 privileges of the club as may be provided in the reciprocal agreement. The
			 extension of club privileges to a guest shall end with the departure of the
			 sponsoring club member from the licensed premises.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-22 - Roster of stockholders, partners, beneficiaries or associates

Current through Register Vol. 43, No. 28, July 11, 2024
Each club shall maintain upon the licensed premises, a current
				roster of stockholders, partners, beneficiaries or associates who are entitled
				to access and use of the licensed premises and to services offered by the
				licensee club.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-23 - Agreement for reciprocal membership

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any two or more
			 class A clubs may enter into an agreement which allows members of each club to
			 have access to all other clubs which are parties to the reciprocal agreement.
(b) Each club shall submit two
			 copies of a proposed reciprocal agreement to the director for approval. The
			 agreement shall be properly executed and comply with the club and drinking
			 establishment act. The club shall keep an approved copy of the agreement upon
			 the licensed premises at all times.
(c) Upon severance of any reciprocal
			 agreement each club shall return the approved copy of the agreement to the
			 director with a notification that the agreement has been canceled.
(d) The provisions of this regulation shall
			 not apply to a nationally chartered war veterans club which allows admission of
			 its members to the various posts located within the state.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-24 - Employees; registration of same; prohibitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each club shall
			 register with the director all employees who will mix, sell, serve or dispense
			 alcoholic liquor. The registration shall be submitted on forms supplied by the
			 director, within five days after the employee begins work for the club and upon
			 each renewal of the club's license.
(b) A club shall not employ or continue to
			 employ any person:
(1) who is under the age
			 of 18 years to serve alcoholic liquor or cereal malt beverage;
(2) who is under the age of 21 to mix or
			 dispense drinks containing alcoholic liquor or cereal malt beverage;
(3) who is under the age of 21 years and is
			 not supervised by the licensee or an employee who is at least 21 years of age;
(4) who has been convicted of a
			 felony or of any crime involving a morals charge in Kansas, any other state or
			 the United States, to dispense, mix or serve alcoholic liquor or cereal malt
			 beverage; or
(5) who has been
			 convicted within the previous two years of a violation of any intoxicating
			 liquor law of Kansas, any other state or the United States, to dispense, mix or
			 serve alcoholic liquor or cereal malt beverage; or
(6) who is a manufacturer, distributor or
			 retailer, or who is an officer, agent, or employee of a manufacturer,
			 distributor, or retailer, in the capacity of a person registered to mix, serve,
			 sell, or dispense alcoholic liquor. This shall not apply to a distributor or a
			 retailer who is an officer, director or board member of a class A club if the
			 distributor or retailer sells no alcoholic liquor to the class A club.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-25 - Purchase of alcoholic liquor and cereal malt beverages; requirements and restrictions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each club shall
			 purchase alcoholic liquor only from a retailer. However, any club may purchase
			 bulk wine, beer and cereal malt beverages from a distributor.
(b) Any club may receive delivery of
			 alcoholic liquor to its licensed premises from a retailer and delivery of bulk
			 wine, beer and cereal malt beverages from a distributor.
(c) A club shall not purchase alcoholic
			 liquor or beer from any retailer who does not possess a federal wholesaler's
			 basic permit and who does not have on display at the retail establishment a
			 sign that states that the licensee is a "Wholesale Liquor Dealer Under Federal
			 Law." A club shall not warehouse any liquor on any retail liquor store
			 premises.
(d) A club shall not
			 purchase bulk wine, beer or cereal malt beverage from any distributor who does
			 not possess a federal wholesaler's basic permit and who does not have on
			 display at the wholesale establishment a sign that states that the licensee is
			 a "Wholesale Liquor Dealer Under Federal Law." A club shall not warehouse its
			 liquor on any distributor's premises.
(e) Each club, when making alcoholic liquor
			 purchases from retailers or distributors, shall obtain and keep, for a period
			 of not less than three years from the date of purchase, a sales slip that
			 contains the following information:
(1) The
			 date of purchase;
(2) the name and
			 address of the retailer or distributor;
(3) the name and address of the club as it
			 appears on the club license;
(4)
			 the brand, size, and amount of all alcoholic liquor purchased; and
(5) the subtotal of the cost of the alcoholic
			 liquor and the total cost of the order including enforcement tax and delivery
			 charge, if any.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-26 - Licensee's responsibility for conduct of business and employees

Current through Register Vol. 43, No. 28, July 11, 2024
Each licensee shall be responsible for the conduct of its
				business. Each licensee shall be held responsible for all violations of the
				club and drinking establishment act by the following people while on the
				licensed premises:
(a) An employee of
			 the club;
(b) an employee of any
			 person contracting with the club to provide services or food; and
(c) any individual mixing, serving, selling
			 or dispensing alcoholic liquor.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-27 - Storage of liquor; removal from club premises

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each licensee shall store its liquor only
			 on the licensed premises of the club unless the licensee has received prior
			 approval in writing from the director to do otherwise.
(b) Any licensee may store wine purchased by
			 a customer only in the unopened original container on the licensed premises,
			 pursuant to
			 K.S.A.
			 41-2637 and amendments thereto. The licensee
			 shall be responsible for the contents of each customer's wine storage
			 area.
(c) The wine storage area
			 shall be subject to immediate entry and inspection by any law enforcement
			 officer or any officer or agent of the director. Each licensee shall maintain,
			 on the licensed premises, a key or other means to access the contents of the
			 wine storage area.
(d)
(1) The licensee may allow a customer to have
			 access to the customer's wine storage area. An agent or employee of the
			 licensee shall accompany each customer to the customer's wine storage
			 area.
(2) A receipt showing the
			 quantity of each brand of wine purchased shall be maintained in each customer's
			 wine storage area. Each time the customer requests the removal of any wine from
			 the storage area, the licensee or its owner, employee, or agent shall mark the
			 receipt showing the date of removal and the quantity of each brand
			 removed.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-28 - Nontaxed liquor and refilling of containers prohibited

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Alcoholic
			 liquors shall only be dispensed from or stored in original containers bearing
			 Kansas alcoholic liquor identification stamps. A licensed club shall not refill
			 any such original container with any alcoholic liquor, or any other substance.
(b) A member, guest or reciprocal
			 member may bring bottles onto the club premises upon the following conditions:
(1) A club shall not warehouse any bottles
			 upon the club premises;
(2) each
			 person bringing any bottles onto the club premises shall remove the bottles
			 when departing from the club premises; and
(3) each bottle shall bear a Kansas alcoholic
			 liquor identification stamp if required by law.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-29 - Cereal malt beverages; sale allowed

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any club may
			 sell cereal malt beverages upon the licensed premises if:
(1) The club notifies the director when it
			 obtains a license for the retail sale of cereal malt beverages;
(2) the club notifies the director of each
			 renewal of the license for the retail sale of cereal malt beverages; and
(3) the club dispenses cereal malt
			 beverage only for consumption upon the licensed premises.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-30 - Minimum prices for drinks; how determined

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A licensed club
			 shall not sell any drink to any person for less than the acquisition cost of
			 that drink to the club.
(b) The
			 cost of each of the following items shall be included in the acquisition cost
			 of a drink:
(1) All alcoholic liquor
			 contained in the drink; and
(2)
			 any liquid of a non-alcoholic nature contained in the drink.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-31 - Clubs charge the same price for the same drink all day; day defined

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A class A club
			 shall not sell a drink to any person for less than the price charged for that
			 same drink to all other club patrons on that day. Any particular drink that is
			 offered for sale at any time during the day shall be offered at the same price
			 for the entire day.
(b) The term
			 "day" shall mean from 9:00 a.m. until 2:00 a.m. the following calendar day.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-32 - Licensee must pay city or county license tax before making sales

Current through Register Vol. 43, No. 28, July 11, 2024
A licensee shall not operate until the licensee has paid the
				annual occupation or license tax imposed by the city or county in which the
				licensed premises are located. A licensee shall not sell 3.2 beer without first
				having obtained a cereal malt beverage license.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-33 - Federal retail stamp

Current through Register Vol. 43, No. 28, July 11, 2024
Each club licensee shall purchase from the United States bureau
				of alcohol, tobacco and firearms a federal retail stamp and shall display that
				stamp, or proof of payment for the stamp, in public view on the licensed
				premises.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-34 - Excise tax shall be current

Current through Register Vol. 43, No. 28, July 11, 2024
Each club that fails to register for an excise tax registration
				number with the director of taxation shall be subject to cancellation of its
				license or fine by the director. Each club that is delinquent in the payment of
				its excise taxes levied on alcoholic liquors shall be subject to cancellation
				of its license or fine by the director.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-35 - Suspension and revocation; grounds for; procedure

Current through Register Vol. 43, No. 28, July 11, 2024
The license of any class A club may be revoked, canceled or
				suspended by the director for any one or more of the following reasons, subject
				to the procedures and other provisions of
				K.A.R.
				14-16-14 et seq.:
(a) The licensee has omitted or misstated a
			 material fact in its application;
(b) the licensee has operated in a manner
			 materially different from that represented in the application;
(c) the licensee no longer meets the criteria
			 for a nonprofit social, fraternal or war veterans club;
(d) the licensee has engaged in a prohibited
			 transaction;
(e) the licensee has
			 violated any provision of the liquor control act, the club and drinking
			 establishment act, the cereal malt beverage act or any regulations adopted
			 pursuant thereto;
(f) there has
			 been a violation of the laws of Kansas pertaining to the sale of alcoholic
			 liquor or cereal malt beverage or a violation of the laws of the United States
			 pertaining to the sale of intoxicating liquor or a violation involving a morals
			 charge;
(g) the licensee, its
			 managing officers or any employee, has purchased and displayed, on the licensed
			 premises a federal wagering occupational stamp or a federal coin operated
			 gambling device stamp issued by the United States treasury department;
(h) the licensee has refused to
			 permit the director or any agent or employee of the director or the secretary
			 to inspect the licensed premises and any alcoholic liquor in the licensee's
			 possession or under the licensee's control upon the premises covered by the
			 license, or upon any other premises where the liquor may be stored; or
(i) the licensee has allowed a
			 person who is under the age of 21 years to possess alcoholic liquor while on
			 the licensed premises.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-36 - Public functions upon licensed premises; when allowed; approval of director

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A club shall
			 not open any part of its licensed premises to the public unless it has first
			 received the written approval of the director. All requests for written
			 approval of the director to open the licensed premises to the public shall be
			 accompanied by a sworn statement containing:
(1) The days of the week and hours of those
			 days for which the application is made;
(2) a description of the exact area of the
			 club to be open to the general public;
(3) the statement that no alcoholic liquor or
			 cereal malt beverage will be sold, dispensed or consumed by anyone in the area
			 described during the time indicated;
(4) the date and time that normal club
			 activities will be resumed in the described areas; and
(5) a description of the type of activity to
			 be conducted and by whom.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-38 - Denial, revocation, or suspension of license upon request for hearing by governing body of city or county; request; evidence

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The governing body of a city or county
			 may request a hearing before the director to determine whether an application
			 for licensure or renewal shall be denied or whether a license issued under the
			 club and drinking establishment act shall be revoked or suspended.
(b) The request shall be submitted in writing
			 by the governing body, on city or county letterhead, to the director and shall
			 be accompanied by evidence that indicates reasonable cause exists to conduct a
			 hearing to deny, revoke, or suspend the license.
(c) The director shall review the evidence
			 presented and determine whether reasonable cause exists to conduct a hearing to
			 deny, revoke, or suspend the license. The director shall notify the governing
			 body of the date and time of the hearing, or denial of the request, in writing
			 as soon as reasonably possible.
(d)
			 The hearing and notices shall be in accordance with the Kansas administrative
			 procedures act (KAPA). The director shall consider the evidence presented by
			 the governing body and the licensee at the hearing and determine whether the
			 license shall be denied, revoked, or suspended.
(e) Evidence to be considered in determining
			 whether a license shall be denied, revoked, or suspended shall include the
			 following:
(1) A crime of violence has
			 occurred in, on, or about the premises, arising from conduct occurring within
			 the licensed premises.
(2) The
			 licensed premises and surrounding areas under relative control of the licensee
			 constitute an abnormal and unreasonable drain on public resources to secure the
			 safety of patrons, local residents, and businesses.
(3) The licensed premises, including
			 surrounding areas under relative control of the licensee, constitute a threat
			 to public health, safety, and welfare.
(4) The governing body has filed one or more
			 nuisance actions against the licensee or the licensed premises.
(5) The governing body or licensee has taken
			 all reasonable remedial steps regarding the situation.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-39 - Extension of premises

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A
			 licensee may permanently or temporarily extend its licensed premises upon
			 written approval by the director.
(b) A licensee shall request the director's
			 approval to extend its licensed premises in writing at least 10 days before the
			 proposed extension.
(c) Each
			 request shall be accompanied by a diagram of the extended premises, clearly
			 showing the boundaries of the premises, entrances to and exits from the
			 premises, and the area in which the service of alcoholic liquor would take
			 place.
(d) For a temporary
			 extension, the request shall include the dates on which and times during which
			 the premises would be extended. If the licensee does not own or lease the area
			 to be included in the temporarily extended premises, the request shall also
			 include written permission from the governing body, owner, or property manager
			 to extend the licensed premises into that area.
(e) No premises shall be extended permanently
			 into an area for which the licensee does not possess a valid lease or
			 deed.
(f) The boundary of any
			 premises extended beyond the interior of a building shall be marked by a
			 three-dimensional obstacle.
(g) The
			 licensee shall maintain, on the licensed premises, a copy of the diagram
			 showing the extended premises. The copy shall be available for inspection upon
			 request by any law enforcement officer or any officer or agent of the
			 director.
(h) The licensee shall
			 maintain, on the licensed premises, a copy of the director's written approval
			 to extend the licensed premises, which shall be deemed to be an essential part
			 of the premises license. The copy shall be available for inspection upon
			 request by any law enforcement officer or any officer or agent of the
			 director.
(i) No licensee, and no
			 owner, employee, or agent of the licensee, shall allow the serving or
			 consumption of alcoholic liquor on extended premises that have not been
			 approved by the director.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-40 - Class A clubs; automated devices

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1)
			 "Automated device" shall mean any mechanized device capable of dispensing wine
			 directly to a customer in exchange for compensation that a licensee has
			 received directly from the customer.
(2) "Business day" shall mean the hours
			 authorized by state law during which alcohol can be served on the licensed
			 premises.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 20 - CLASS B CLUBS › Section 14-20-15 - Applications and renewals; documents required

Current through Register Vol. 43, No. 28, July 11, 2024
Each application for a class B club license shall be made upon
				forms prepared by the director and shall contain all information the director
				deems necessary. Any application which does not contain the required
				information may be returned to the applicant without the application being
				considered on its merits.
(a) General
			 requirements. Each application for a class B club license shall be accompanied
			 by the following documents and all other documents the director deems
			 necessary:
(1) A copy of a written lease,
			 with at least nine months remaining in its term from the date the license is
			 issued, or proof of ownership by the applicant of the premises sought to be
			 licensed;
(2) a copy of any
			 management or catering contract in force or a proposed management or catering
			 contract, if applicable;
(3) a
			 description of the club premises. The description may include those areas
			 outside the main service area that are in close proximity to the main service
			 area and are located upon property subject to legal occupation by the
			 applicant, as approved by the director. The description shall state the
			 location of the licensed premises, the approximate dimensions of the licensed
			 premises, enough detail to identify the licensed premises and a depiction of
			 the liquor storage area;
(4) a
			 certified statement from the applicant that the licensed premises are located:
(A) In an area where the zoning regulations
			 of either the city, township or county allow the operation of a club; or
(B) in an area where no zoning
			 regulations have been adopted;
(5) the registration fee in the form of a
			 certified check, cashier's check, money order or cash. Personal or business
			 checks shall not be accepted;
(6)
			 the license fee in the form of a certified check, cashier's check, money order
			 or cash. Personal or business checks shall not be accepted;
(7) a disclosure statement listing each
			 owner, officer, manager, trustee, director, stockholder owning a beneficial
			 interest, grantor or beneficiary, and the spouses of any of these individuals.
			 The disclosure statement shall certify that all the individuals listed are not
			 disqualified from obtaining a club license as provided in K.A.R. 14-20-16; and
(8) a disclosure statement listing
			 all personnel who will be mixing or dispensing alcoholic liquor.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 20 - CLASS B CLUBS › Section 14-20-16 - Requirements for class B club license

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A class B club
			 license shall not be issued to any corporation, partnership, trust or
			 individual if any owner, partner, grantor, trustee, beneficiary, officer,
			 manager, director, stockholder owning a beneficial interest in a corporation or
			 spouse of these individuals:
(1) Has been
			 convicted of a felony under the laws of this state, any other state or the
			 United States;
(2) has been
			 convicted of being the keeper or is keeping a house of prostitution or has
			 forfeited bond to appear in court to answer charges of being a keeper of a
			 house of prostitution;
(3) has
			 been convicted of being a proprietor of a gambling house, pandering or any
			 other crime opposed to decency and morality or has forfeited bond to appear in
			 court to answer charges for any of those crimes;
(4) is not at least 21 years of age. This
			 shall not apply to the spouse of the individual or to the beneficiary of a
			 trust;
(5)
(A) appoints or supervises any law
			 enforcement officer, other than as a member of the governing body of a city or
			 county;
(B) is a law enforcement
			 official; or
(C) is an employee of
			 the director;
(6)
			 intends to act as the agent of another in exercising control of the license;
(7) at the time of application for
			 renewal of the license issued by the director would be ineligible for the
			 license upon a first application. This provision shall not apply to the spouse
			 of the individual;
(8) has had any
			 license or permit issued by the director under the club and drinking
			 establishment act revoked; or
(9)
			 has a beneficial interest in the manufacture, preparation or wholesale or
			 retail sale of alcoholic liquors or a beneficial interest in any other club or
			 drinking establishment licensed by the director. This shall not apply to any
			 owner, partner, grantor, trustee, beneficiary, officer, manager, director,
			 stockholder or spouse who owns a beneficial interest in another club or
			 drinking establishment if:
(A) the
			 application is for licensed premises located in a hotel and all of the
			 individual's beneficial interests are in clubs or drinking establishments
			 located in hotels; or
(B) the
			 application is for licensed premises that is a restaurant and all of the
			 individual's beneficial interests are in clubs or drinking establishments that
			 are restaurants.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 20 - CLASS B CLUBS › Section 14-20-17 - Issuance of license

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An annual class
			 B club license shall be issued to each applicant who is determined by the
			 director to have satisfied the requirements of the club and drinking
			 establishment act and this article of these regulations.
(b) An application for a license may be
			 rejected by the director if:
(1) the
			 applicant's officers, directors, partners, registered agent, managers or owners
			 have previously owned or operated any retail liquor, club, drinking
			 establishment or caterer's license, and at the time the previous license was
			 surrendered, the licensee had been ordered to appear and show cause why the
			 license should not be revoked or suspended;
(2) the application is for premises which
			 were the subject of the order to appear and show cause as set forth in
			 paragraph (1), above, and it appears that the new application for a license is
			 an attempt to avoid any possible remedial action taken by the director against
			 the former licensee;
(3) the
			 applicant's officers, directors, partners, registered agent, managers or
			 owners, are currently delinquent in payment of any excise or enforcement tax,
			 fees or fines to the State of Kansas; or
(4) the applicant's officers, directors,
			 partners, registered agent, managers or owners have previously owned or
			 operated any retail liquor, club, drinking establishment or caterer's license,
			 and at the time the previous license was surrendered, the licensee was
			 delinquent in payment of any excise or enforcement tax, fees or fines to the
			 State of Kansas; or
(5) the
			 application is for premises which were the subject of the delinquent taxes as
			 set forth in paragraph (3), above, and it appears that the new application for
			 a license is an attempt to avoid payment of the tax.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 20 - CLASS B CLUBS › Section 14-20-18 - Licenses, loss or destruction of; application for and issuance of duplicate

Current through Register Vol. 43, No. 28, July 11, 2024
Whenever any license issued by the director is lost or
				destroyed before its expiration, the club to which the license was issued may
				make written application to the director for a duplicate license. The
				application shall set forth all the facts and circumstances concerning the loss
				or destruction of the license and shall be sworn to by each person applying for
				the duplicate. Upon review of the application, a duplicate license may be
				issued by the director.