reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 12 - AGRICULTURAL LABOR RELATIONS BOARD › Article 2 - PROCEDURE › Section 12-2-12 - Impasse resolution

Current through Register Vol. 43, No. 28, July 11, 2024
a. Petition filing In the event a recognized employee organization or an agricultural employer believes an impasse in negotiations exists, such recognized employee organization or agricultural employer may file a request for assistance at impasse with the board.
1. Such request shall be in writing and shall show whether a joint party or single party request is being made.
2. Such request shall also show the names and addresses of the parties to the dispute.
Kansas Administrative Regulations › Agency 12 - AGRICULTURAL LABOR RELATIONS BOARD › Article 2 - PROCEDURE › Section 12-2-13 - Complaints

Current through Register Vol. 43, No. 28, July 11, 2024
a. Who may file A complaint that any agricultural employee, employee organization or agricultural employer has engaged in or is engaging in any prohibited practice under the act may be filed by an agricultural employee, a group of agricultural employees, an employee organization or an agricultural employer, any of whom may hereafter be referred to as the party filing the complaint.
b. Form and filing Complaint forms shall be provided by the board. An original and three copies of the complaint shall be filed with the board.
(Authorized by K.S.A. 44-829(a).)
c. Answer to complaint contents The answer shall contain the following:
(1) A specific admission, denial, or explanation of each allegation of the complaint, or if the filing party is without knowledge thereof, he shall so state, such statement operating as a denial. Admissions or denials may be made to all or part of an allegation but shall fairly meet the substance of the allegation;
(2) A specific detailed statement of any affirmative defense;
(3) A clear and concise statement of the facts and matters of law relied upon. Any allegation in the complaint not specifically denied in the answer, unless the respondent shall state in the answer that the respondent is without knowledge, and the reasons he or she is without knowledge, shall be deemed admitted to be true and may be so found by the board.
Kansas Administrative Regulations › Agency 12 - AGRICULTURAL LABOR RELATIONS BOARD › Article 2 - PROCEDURE › Section 12-2-14 - Hearing notice

Current through Register Vol. 43, No. 28, July 11, 2024
After a complaint has been filed, if it appears to the board or its agent that formal proceedings in respect thereto should be instituted, the board, or any member thereof, or its agent shall serve on each party a notice of hearing.
Kansas Administrative Regulations › Agency 12 - AGRICULTURAL LABOR RELATIONS BOARD › Article 2 - PROCEDURE › Section 12-2-15 - Record of proceedings before the board; prohibited practice cases

Current through Register Vol. 43, No. 28, July 11, 2024
a. General provisions.
1.  The record of the proceedings before the board in prohibited practice cases shall consist of the complaint or amended complaint, any other pleadings, notices of hearings, motions, orders, stenographic report, exhibits, depositions, findings of fact, conclusions of law, decisions and order.
2. If a prohibited practice proceeding is predicated in whole or in part upon a prior representation proceeding, the record of such prior representation proceeding shall be deemed a part of the record for all purposes in the prohibited practice proceeding.
Kansas Administrative Regulations › Agency 12 - AGRICULTURAL LABOR RELATIONS BOARD › Article 2 - PROCEDURE › Section 12-2-16 - Joinder of parties

Current through Register Vol. 43, No. 28, July 11, 2024
All persons alleged to have engaged in any unfair practices may be joined as parties, whether jointly, severally, or in the alternative, and a decision may be rendered against one or more of them upon all of the evidence, without regard to the party by or against whom such evidence has been introduced. No proceedings shall be dismissed because of nonjoinder or misjoinder of parties. Upon motion of any party or upon motion of the board or its hearing examiner, parties may be added, dropped or substituted at any stage of the proceedings, upon such terms as may be deemed just and proper. Such motions shall be made at or prior to the first hearing in any such proceeding unless good and sufficient cause is shown why it could not have been made at such time. Failure to so move shall be deemed a waiver of all objections to a nonjoinder or misjoinder.
Kansas Administrative Regulations › Agency 12 - AGRICULTURAL LABOR RELATIONS BOARD › Article 2 - PROCEDURE › Section 12-2-17 - Strikes or lockout

Current through Register Vol. 43, No. 28, July 11, 2024
In the case of an alleged violation of K.S.A. 44-820(d)  or K.S.A. 44-829(a), the board or its agent may handle the case as expeditiously as possible by waiving normal time limitations.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 5 - TRANSPORTATION, CARRIERS AND STORAGE › Section 14-5-1 - Alcoholic liquor (except beer) transported into state or federal area only by bonded carriers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All alcoholic
			 liquor, except beer, shipped into the state of Kansas shall be transported only
			 by common, contract or private carriers that hold liquor carrier permits issued
			 by the director.
(b) Except as
			 provided in subsection (c), all alcoholic liquor that is taxable under the act
			 and shipped into this state or a federal area in interstate commerce and that
			 is consigned to a consignee or person located, residing, or stationed on or at
			 a federal area shall be transported into this state or a federal area only by
			 common, contract or private carriers that hold liquor carrier permits issued by
			 the director.
(c) When a licensed
			 distributor is the holder of a valid private carrier permit issued by the
			 Kansas corporation commission and is also the holder of a valid liquor carrier
			 permit issued by the director, the distributor may transport only alcoholic
			 liquor owned exclusively by that distributor into the state of Kansas in
			 compliance with the laws, rules and regulations of the interstate commerce
			 commission and the Kansas corporation commission.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 5 - TRANSPORTATION, CARRIERS AND STORAGE › Section 14-5-2 - Carriers' permits; application; fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A common,
			 contract or private carrier shall not transport alcoholic liquor within or into
			 the state, for delivery within the state, without first having obtained a
			 permit to do so from the di-rector.
(b) Applications for permits to transport
			 alcoholic liquor within or into the state shall be filed with the director and
			 shall contain any information the director may require. A permit fee of $5.00
			 shall be paid at the time of application.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 5 - TRANSPORTATION, CARRIERS AND STORAGE › Section 14-5-4 - Storage of alcoholic liquor and cereal malt beverage in transit in public liquor warehouses; reports of warehouseman

Current through Register Vol. 43, No. 28, July 11, 2024
Whenever alcoholic liquor or cereal malt beverage is
				transported into this state, consigned to a licensed distributor or licensed
				manufacturer of alcoholic liquor or cereal malt beverage, the alcoholic liquor
				or cereal malt beverage shall be considered to remain in transit until it is
				delivered to the bonded warehouse of the consignee. Alcoholic liquor and cereal
				malt beverage may be stored in transit in a public bonded liquor warehouse
				within the state of Kansas, upon the following terms and conditions:
(a) Any public bonded liquor warehouse in
			 which alcoholic liquor or cereal malt beverage is stored in transit shall,
			 within 48 hours of receipt of the alcoholic liquor or cereal malt beverage,
			 give written notice to the director of the receipt, stating the names and
			 addresses of the consignor and consignee, the description of the liquor, and
			 the name of the carrier that delivered the liquor to that warehouse.
(b) Each public bonded liquor warehouse shall
			 make delivery of the alcoholic liquor or cereal malt beverage, or any part of
			 it, only to a carrier that has been designated by the director as a liquor
			 carrier, for delivery by the carrier to a licensed manufacturer or licensed
			 distributor who is the consignee of such liquor.
(c) Within 48 hours after the alcoholic
			 liquor or cereal malt beverage has been removed from the public bonded liquor
			 warehouse for delivery to the consignee, the warehouse shall make a written
			 report to the director setting out the name of the carrier to which the liquor
			 has been delivered, the name and address of the consignee, and a description of
			 the liquor delivered.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 5 - TRANSPORTATION, CARRIERS AND STORAGE › Section 14-5-6 - Required delivery of alcoholic liquor to distributor by common carrier

Current through Register Vol. 43, No. 28, July 11, 2024
All alcoholic liquor transported into this state and consigned
				to a licensed distributor or a licensed manufacturer of alcoholic liquor shall
				be delivered to the consignee in the state of Kansas and shall be received into
				the consignee's bonded warehouse. No part of the liquor shall remain in the
				hands of the carrier nor shall any carrier acquire any property rights in such
				alcoholic liquor.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 6 - CONTAINERS AND LABELS › Section 14-6-1 - Containers, nature and form; change of original containers or labels

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Each original package of alcoholic liquor
			 or cereal malt beverage sold or offered for sale in this state shall be
			 constructed of such material and be in such form as has been generally founded
			 by the industry and recognized by federal and state enforcement officers to be
			 safe, sanitary, and in no manner prejudicial to the health or interest of the
			 public.
(2) All original packages
			 of alcoholic liquor shall, before being offered for sale or sold, be approved
			 by the director as to nature and form. Each manufacturer or corporate
			 subsidiary of any manufacturer who markets the manufacturer's products through
			 a subsidiary, each rectifier, distiller, and fermenter and each distributor of
			 alcoholic liquor bottled in foreign countries shall submit an approved copy of
			 the federal label approval form for each container offered for sale in this
			 state.
(3) Each manufacturer or
			 corporate subsidiary of a manufacturer who markets the manufacturer's products
			 through a subsidiary, each rectifier, distiller, and fermenter, and each
			 distributor of alcoholic liquor bottled in foreign countries, wishing to offer
			 alcoholic liquor for sale in this state shall, upon requesting authority to do
			 so, furnish a copy of the price list containing the information required by
			 K.A.R. 14-14-10.
(4) After a
			 container has been approved as to nature and form for sale in Kansas, further
			 approval shall not be required.
(5) Each item shall be approved prior to
			 posting it on the first of any month. No new container embodying changes as to
			 nature and form for the same brand or kind of merchandise shall be sold or
			 offered for sale until an approved copy of the federal label approval form has
			 been submitted to the director.
(6) Imported containers embodying
			 substantially the same brand, type and age of alcoholic liquor as that offered
			 domestically by the same manufacturer or supplier, or a subsidiary of same, may
			 be approved for sale in Kansas by the director.
(7) A container shall not be approved for
			 sale in this state which, because of its design, composition or form, is
			 obscene material.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 6 - CONTAINERS AND LABELS › Section 14-6-6 - Private labels, requirements for use of

Current through Register Vol. 43, No. 28, July 11, 2024
A licensed distributor may be authorized to bottle, label and
				sell to licensed retailers, under labels owned by the distributor, alcoholic
				liquors except beer purchased in bulk by class or type providing such liquors
				are labeled in accordance with the following:
(1) Before a distributor shall offer for sale
			 or sell such liquor, said distributor shall submit an application, verified
			 positively, for approval of each label to be used in the bottling of alcoholic
			 liquors purchased by class or type.
(2) Said application shall consist of the
			 follow-ing:
(a) Ownership. The application
			 shall include a statement that the label, including brand name, designs,
			 pictures, slogans and descriptive phraseology, is the exclusive property of the
			 applicant. If the label or any component part thereof has been used previously,
			 full particulars relating to said use shall be given including prior users,
			 where used, and how said label or part thereof was acquired.
(b) Copyright or trademark. If said label or
			 any brand name, design, picture, slogan or phraseology has been the subject of
			 a copyright, patent or trademark under the laws of the United States or the
			 various states, the application shall show where and by whom such action was
			 taken with dates and identifying numbers being given.
(c) Acquisition of label. A statement shall
			 be included stating that the label was created and designed by the distributor
			 or setting out from whom said label including brand name, designs, pictures,
			 slogans or phraseology was secured. Copies of contracts or agreements relating
			 to the acquisition of said label and relating to the bottling of said liquors
			 shall be attached. If said contracts or agreements are implemented by letters
			 of intent, oral or other commitments, copies of all instruments with a
			 statement of the details of oral commitments shall be attached.
(d) Resemblance to other labels. A statement
			 shall be included that the proposed label including brand name, designs,
			 pictures, slogans and phraseology bears no resemblance in any material manner
			 to any label now used by any person, association or corporation in this or
			 another state in the knowledge and belief of the applicant.
(e) Submission of copies. Two copies of each
			 front and back label, neck label and any other design, picture, slogan or
			 descriptive phraseology which shall be attached to the container shall be
			 submitted with the application, with a photostatic or certified copy of the
			 formal certificate of label approval issued by the United States government.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 7 - TAX AND TAX STAMPS; CROWNS AND LIDS › Section 14-7-2 - Beer, crowns, lids, and labels; stamping of master carton, keg shipments

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Beer containing
			 more than 3.2% of alcohol by weight shall not be required to have an
			 identifying mark on each container evidencing Kansas tax paid.
(b) All labels attached to the original
			 package shall be approved by the director of alcoholic beverage control before
			 the package may be sold in the state of Kansas.
(c) Each case of bottled or canned beer
			 shipped into the state of Kansas by a beer manufacturer or supplier shall have
			 the legend, "Kansas strong," or other appropriate language, stamped in black
			 lettering on the exterior master carton in any position normally used for code
			 dates, or as approved by the director. Labels, crowns and lids used for the
			 packaging of strong beer for the state of Kansas shall not be required to
			 indicate the alcoholic content. All kegs of strong beer shipped into the state
			 of Kansas shall be identified by a distinctive bung.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 7 - TAX AND TAX STAMPS; CROWNS AND LIDS › Section 14-7-4 - Alcoholic liquor and cereal malt beverage; payment of tax; bond required

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The tax on
			 alcoholic liquor and cereal malt beverage, as levied by the act and payable by
			 a distributor, shall be paid by the distributor on or before the 15th day of
			 the calendar month succeeding the month in which the distributor acquires
			 possession of any alcoholic liquor upon which the tax has not been paid. The
			 payment shall be by check and shall be accompanied by a report to the director,
			 upon forms to be furnished by the director. The report shall show separately
			 the exact total amount, in gallons or in fractions of gallons, of the following
			 types of alcoholic beverages received by the distributor during the preceding
			 month:
(1) Wine containing 14% or less of
			 alcohol by volume;
(2) Wine
			 containing more than 14% of alcohol by volume;
(3) Alcohol and spirits;
(4) Beer, containing more than 3.2% alcohol
			 by weight; and
(5) Cereal malt
			 beverages, containing 3.2% or less alcohol by weight.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 7 - TAX AND TAX STAMPS; CROWNS AND LIDS › Section 14-7-6 - Kansas liquor stamps or strips; securing, affixation to original package; who shall affix; placing of stamps or strips

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All alcoholic
			 liquor other than beer, wine and brandy, shall be identified by a Kansas liquor
			 identification stamp or strip which shall be placed thereon for identification
			 in accordance with the rules and regulations of the director. The provisions of
			 this regulation shall not apply to beer, wine and brandy sold or distributed in
			 the state of Kansas.
(b) The
			 Kansas liquor identification stamp shall be affixed to each original package of
			 the alcoholic liquor at the place where the alcoholic liquor is manufactured.
			 When alcoholic liquor is bottled in a foreign country and is imported into the
			 United States, the Kansas liquor identification stamps, or strips may be
			 affixed to the original packages by the person importing them into the United
			 States as the place within the United States where the shipment of alcoholic
			 liquor into the state of Kansas originated. A licensed distributor or licensed
			 manufacturer may stamp in the bonded distributor's warehouse any alcoholic
			 liquor bottled in a foreign country, within 96 hours after receiving the
			 alcoholic liquor in the bonded warehouse in the manner prescribed by the act
			 and the rules and regulations of the director. Nothing contained in this rule
			 and regulation shall be construed as changing or altering the provisions of the
			 act or rules and regulations of the director.
(c) Each Kansas liquor identification stamp
			 on alcoholic liquor shall be placed in a horizontal position upon a smooth
			 surface on the front side, neck or shoulder of each original package in such a
			 manner that the stamp will be plainly visible. Discretion shall be exercised in
			 selecting the location for the Kansas liquor stamp to avoid mutilation of the
			 stamp and the covering of any age, designation, bottled-in-bond identification,
			 brand name or other information.
(d) When Kansas liquor identification strips
			 are placed on original containers of alcoholic liquor instead of the
			 identification stamp, each strip shall be placed over the cap or top of the
			 bottle and down the neck, and shoulder of the bottle, in the location where
			 federal revenue strips were formerly placed.
(e) Other alternate stamping methods may be
			 approved by the director.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 7 - TAX AND TAX STAMPS; CROWNS AND LIDS › Section 14-7-10 - Beer distributors must provide designated geographic territory

Current through Register Vol. 43, No. 28, July 11, 2024
Before commencing or continuing business every manufacturer or
				distributor of beer and every importer of beer must file with the director a
				diagram in a form approved by the director, showing the designated territory
				within which the distributor will distribute beer to retailers. The said
				territory shall be agreed upon in writing by the manufacturer and distributor
				and a copy of the written agreement concerning the designated geographic
				territory must be filed with the director.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 7 - TAX AND TAX STAMPS; CROWNS AND LIDS › Section 14-7-11 - Change or modification of geographic territory

Current through Register Vol. 43, No. 28, July 11, 2024
The geographic territory within which any distributor does
				distribute beer to retailers may not be changed, modified, or cancelled without
				the written consent of both the manufacturer and distributor and a verified
				copy of the consent must be filed by the manufacturer and distributor with the
				office of the alcoholic beverage control division and acknowledged before said
				change or modification will be effective.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 7 - TAX AND TAX STAMPS; CROWNS AND LIDS › Section 14-7-12 - Beer distributor selling outside his designated geographic territory

Current through Register Vol. 43, No. 28, July 11, 2024
No beer distributor shall sell beer to any retailer who is
				located outside the geographic territory designated in the notice filed with
				the director by the distributor:
Provided
, That, if any beer
				distributor shall refuse to sell beer or provide service in connection
				therewith to any retailer located within such beer distributor's geographic
				territory, it shall be lawful for any other beer distributor to sell beer to
				such retailer after getting approval from the director.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 8 - ADVERTISING › Section 14-8-1 - Advertisement defined

Current through Register Vol. 43, No. 28, July 11, 2024
The word "advertisement," as used in this article, means any
				advertisement of alcoholic liquor through the medium of radio, television,
				newspapers, periodicals, circulars, pamphlets, or other publications or any
				sign or outdoor advertisement or any other printed or graphic matter.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 8 - ADVERTISING › Section 14-8-2 - Prohibited statements and restrictions in the advertising of alcoholic liquor

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Advertisements
			 of alcoholic liquor shall not contain any of the following:
(1) Any statement, design, device or
			 representation that is false or likely to mislead the consumer;
(2) any statement, design, device, or
			 representation that is obscene, as defined by K.S.A. 21-4301(c)(1) and
			 amendments thereto; or
(3) any
			 statement concerning the brand of alcoholic liquor that is inconsistent with
			 any statement on the labeling.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 8 - ADVERTISING › Section 14-8-3 - Public display of alcoholic liquor regulated

Current through Register Vol. 43, No. 28, July 11, 2024
No public display of alcoholic liquor, except domestic table
				wine as provided by
				K.A.R.
				14-11-15, intended for retail sale for
				purposes of consumption shall be made in any place or at any other location
				than the licensed premises.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 8 - ADVERTISING › Section 14-8-7 - House to house, door to door solicitation prohibited

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A manufacturer,
			 importer, distributor, club, drinking establishment, caterer, temporary permit
			 holder, farm winery, microbrewery, or retailer shall not, directly or
			 indirectly, solicit from house to house, from door to door, personally, by
			 telephone, or to places of business other than licensed premises authorized by
			 these regulations the purchase or sale of alcoholic liquor and shall not allow
			 any solicitation.
(b) If
			 authorized by the director, seminars conducted by manufacturers or distributors
			 may be conducted for other licensees and their employees.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 10 - TRADE PRACTICES › Section 14-10-5 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in this article of these regulations, unless the
				context clearly requires otherwise, the following words and phrases shall have
				the meanings ascribed to them in this regulation:
(a) "Caterer" means a person licensed
			 pursuant to Article 22 of these regulations.
(b) "Club" means the premises or person
			 licensed pursuant to Articles 19 or 20 of these regulations.
(c) "Director" means the director of the
			 division of alcoholic beverage control of the department of revenue.
(d) "Distributor" means those persons
			 licensed by the director, pursuant to K.S.A. 1991 Supp.
			 41-306,
			 41-306a, and
			 41-307, to sell or offer for sale
			 alcoholic liquor, spirits, wine, beer or cereal malt beverage to any person
			 authorized by law to sell alcoholic liquor, spirits, wine, beer or cereal malt
			 beverage at retail.
(e) "Drinking
			 establishment" means the premises or person licensed pursuant to Article 21 of
			 these regulations.
(f) "Industry
			 member" means any distributor, manufacturer or supplier, or any agent,
			 salesperson or representative thereof.
(g) "Manufacturer" means every brewer,
			 fermenter, distiller, rectifier, wine maker, blender, processor, bottler,
			 person or other entity who fills or refills an original package or is engaged
			 in brewing, fermenting, distilling, rectifying or bottling alcoholic liquor,
			 beer or cereal malt beverage. A "manufacturer" shall also mean:
(1) A corporate subsidiary of any
			 manufacturer which markets alcoholic liquor through a subsidiary; and
(2) an American distributor of
			 alcoholic liquor manufactured, produced or bottled in a foreign country. A
			 "manufacturer" shall not include a farm winery or a microbrewery.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 10 - TRADE PRACTICES › Section 14-10-6 - General

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Action taken by
			 an industry member, retailer, club, drinking establishment, or caterer in
			 accordance with interpretive memoranda issued by the alcohol and tobacco tax
			 and trade bureau, department of the treasury shall be considered good faith
			 compliance with this article unless the director has communicated a contrary
			 interpretation pertaining to the subject of the memoranda.
(b) Subject to the exceptions provided in
			 this article, industry members shall be prohibited from inducing the purchases
			 of a retailer, club, drinking establishment, or caterer by furnishing, giving,
			 renting, lending, or selling to the retailer, club, drinking establishment, or
			 caterer any equipment, fixtures, signs, supplies, money, services, or any other
			 things of value.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 10 - TRADE PRACTICES › Section 14-10-11 - Value-added packages

Current through Register Vol. 43, No. 28, July 11, 2024
Any industry member may include in packaging with alcoholic
				liquor other goods to be offered directly to the consumer. All costs directly
				related to the assembly of packages containing alcoholic liquor and other goods
				shall be borne solely by the industry member. An industry member shall not
				include any goods in packaging with alcoholic liquor for sale to a retailer
				before obtaining written approval from the director. The industry member shall
				request approval by submitting the following information to the director at
				least 30 days in advance of the intended shipping date:
(a) A color photograph, at least five inches
			 by seven inches in size, of the complete package;
(b) the cost to the industry member of each
			 item to be packaged with the alcoholic liquor;
(c) the total cost of the complete package,
			 including alcoholic liquor, to be charged to the distributor or retailer by the
			 industry member;
(d) a description
			 of each item's intended use or value to the consumer, including a statement
			 identifying the expiration date of any item intended for human consumption;
			 and
(e) the "unimeric" (universal
			 numeric) code number assigned to the package.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 10 - TRADE PRACTICES › Section 14-10-16 - Defective liquor containers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No industry member shall knowingly sell
			 any liquor containers that leak, contain foreign matter in the bottle, are
			 short-filled, have broken seals, have badly soiled or stained labels, or are
			 otherwise not fit for resale to the general public. Industry members shall not
			 arrange to have retailers accept such merchandise.
(b) Each industry member that sells such
			 damaged merchandise shall take the following action:
(1) Retrieve the damaged merchandise and
			 exchange for merchandise fit for sale; or
(2) authorize the destruction of the damaged
			 merchandise and refund to the distributor or retailer the purchase
			 price.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 10 - TRADE PRACTICES › Section 14-10-17 - Trade practices

Current through Register Vol. 43, No. 28, July 11, 2024
(a) To
			 the extent not otherwise prevented by statute or regulation, the trade practice
			 regulations of the alcohol and tobacco tax and trade bureau, department of the
			 treasury in 27 C.F.R. Part 6, subpart B, subpart C, and subpart D, as in effect
			 on April 1, 2010, excluding the following portions, are hereby adopted by
			 reference and shall be the authorized trade practices under the liquor control
			 act:
(1) The first four paragraphs in section
			 6.11;
(2) subsections (a) and (f)
			 of section 6.21;
(3) sections 6.25,
			 6.26, 6.27, 6.31, 6.32, 6.33, 6.34, 6.35, 6.41, 6.44, 6.45, 6.51, 6.52, 6.53,
			 6.54, 6.55, 6.56, 6.61, 6.65, 6.66, 6.67, 6.71, 6.72, 6.85, and 6.98;
(4) the first two sentences in section
			 6.81(a); and
(5) the phrases
			 "within the meaning of the Act" and "within the meaning of section 105(b)(3) of
			 the Act" in sections 6.42(a), 6.43, 6.83(a), 6.84(a), 6.88(a), 6.91, 6.93,
			 6.96(a), 6.99(b), 6.100, 6.101(a)(b), and 6.102.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 10 - TRADE PRACTICES › Section 14-10-18 - Repurchase by distributor; when allowed

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any distributor may perform any of the
			 following:
(1) Buy back any item of alcoholic
			 liquor or cereal malt beverage when required by the supplier;
(2) buy back any item of alcoholic liquor or
			 cereal malt beverage from a club, drinking establishment, caterer, or retailer
			 that has obtained the approval of the director to close out;
(3) buy back, with approval of the director,
			 any unopened item of alcoholic liquor or cereal malt beverage for which the
			 distributor has a franchise agreement to sell from a club, drinking
			 establishment, caterer, or retailer who is quitting business;
(4) buy back or exchange, at the original
			 sales price, any item of beer or cereal malt beverage that is within 14 days of
			 its expiration date;
(5) buy back
			 or exchange, within 24 hours after delivery, any item of alcoholic liquor that
			 is broken, leaking, or short-filled, contains foreign material, has a soiled or
			 stained label, or is otherwise not fit for resale to the general public;
			 or
(6) buy back, with written
			 permission from the director and within three business days after the end of an
			 event conducted under a special event retailer's permit issued under
			 K.S.A.
			 41-2703 and amendments thereto, any cereal
			 malt beverage sold to the holder of the special event retailer's
			 permit.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 11 - FARM WINERIES › Section 14-11-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in this article and the liquor control act, unless the
				context clearly requires otherwise, the following terms shall have the meanings
				specified in this regulation:
(a)
			 "Bonded wine premises" means a facility registered under the internal revenue
			 code, 26 U.S.C. chapter 51, for the production, blending, cellar treatment,
			 storage, bottling, or packing of wine.
(b) "Calendar year" means the period of time
			 from January 1 through the following December 31.
(c) "Domestic fortified wine" has the meaning
			 provided by
			 K.S.A.
			 41-102, and amendments thereto.
(d) "Domestic table wine" has the meaning
			 provided by
			 K.S.A.
			 41-102, and amendments thereto.
(e) "Farmers' market" means a regularly
			 scheduled gathering of vendors, the primary purpose of which is to sell produce
			 and other agricultural products directly to consumers.
(f) "Farm winery" has the meaning provided by
			 K.S.A.
			 41-102, and amendments thereto.
(g) "Farm winery outlet" means a facility
			 owned by the owner of a farm winery that is licensed by the director to
			 manufacture, store, and sell the same brands of domestic table wine and
			 domestic fortified wine as those of the farm winery.
(h) "Federal basic wine manufacturing permit"
			 means a permit issued under the federal alcohol administration act, 27 U.S.C.
			 chapter 8, to a bonded wine premises to produce wine.
(i) "Manufacturer" has the meaning provided
			 by K.S.A.
			 41-102, and amendments thereto.
(j) "Standard case" means a package of
			 original containers consisting of a total of 9,000 milliliters of wine of one
			 brand or a combination of brands.
(k) "Wine" has the meaning provided by
			 K.S.A.
			 41-102, and amendments thereto.
(l) "Winery" has the meaning provided by
			 K.S.A.
			 41-350, and amendments thereto.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 11 - FARM WINERIES › Section 14-11-3 - Farm winery licensee shall not be employed by a licensed club

Current through Register Vol. 43, No. 28, July 11, 2024
No farm winery licensee, or the spouse of any licensee, shall
				be employed in the capacity of an officer or manager of a club which is
				licensed by the director and shall not be employed in connection with the
				mixing, serving, selling and dispensing of alcoholic liquor in such a club.
				Employees of farm winery licensees shall not purchase, or receive an order to
				deliver, any alcoholic liquors for a licensed private club.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 11 - FARM WINERIES › Section 14-11-4 - Registration of employees; salesperson permits

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The licensee of each farm winery and farm
			 winery outlet shall notify the director of the name of each employee who will
			 sell or serve domestic wine, within five days after that employee begins work
			 and upon each renewal of the license. The notification shall be submitted upon
			 forms provided by the director.
(b)
			 Each person engaged in the sale of domestic table wine or domestic fortified
			 wine off the premises of a farm winery or farm winery outlet, or the taking or
			 soliciting of orders for the sale of domestic table wine or domestic fortified
			 wine on behalf of a farm winery or farm winery outlet, shall obtain a
			 salesperson's permit as required by
			 K.S.A.
			 41-333 and amendments thereto. Each
			 salesperson shall provide that person's permit for inspection upon request by
			 the director or any agent or employee of the director or secretary.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 11 - FARM WINERIES › Section 14-11-5 - Licensed warehouses

Current through Register Vol. 43, No. 28, July 11, 2024
Each licensee of a farm winery or farm winery outlet shall
				provide, at the licensee's own expense, a warehouse area situated on and
				constituting a part of the farm winery's or farm winery outlet's premises. The
				warehouse area shall be used for the storage of domestic table wine and
				domestic fortified wine manufactured by that farm winery or farm winery outlet.
				Domestic table wine and domestic fortified wine shall not be stored in any
				other place.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 11 - FARM WINERIES › Section 14-11-6 - Opened containers of domestic table wine or domestic fortified wine on the licensed premises

Current through Register Vol. 43, No. 28, July 11, 2024
The licensee of a farm winery or farm winery outlet that sells
				domestic table wine or domestic fortified wine at retail shall not permit the
				original package or container of any domestic table wine or domestic fortified
				wine to be opened on that portion of the licensed premises that is used for
				retail sales, except as needed for serving free samples.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 11 - FARM WINERIES › Section 14-11-7 - Retail sales and deliveries

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Retail sales of domestic table wine and domestic fortified wine by a farm
			 winery or farm winery outlet shall be made only on the licensed premises.
			 Deliveries of domestic table wine and domestic fortified wine sold at retail by
			 a farm winery or farm winery outlet shall be made only on the licensed premises
			 for consumption off the premises.
(b) Any farm winery may deliver domestic
			 table wine and domestic fortified wine to either of the following:
(1) The licensed premises of any of the
			 following:
(A) A club;
(B) a drinking establishment;
(C) a wine distributor; or
(D) a retailer; or
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 11 - FARM WINERIES › Section 14-11-9 - Farm winery or farm winery outlet licensee prohibited from warehousing domestic table wine or domestic fortified wine for consumers

Current through Register Vol. 43, No. 28, July 11, 2024
No farm winery or farm winery outlet that sells domestic table
				wine or domestic fortified wine at retail shall take orders, or otherwise
				arrange sales of the wine, for consumers for the purpose of delivering the wine
				before the legal opening hour, after the legal closing hour, or on any day when
				sales at retail are prohibited.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 11 - FARM WINERIES › Section 14-11-15 - Public display of domestic table wine or domestic fortified wine

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Domestic table
			 wine or domestic fortified wine intended for retail sale for purposes of
			 consumption shall not be placed on public display in any place or at any other
			 location than the licensed premises of any of the following:
(1) A farm winery;
(2) a farm winery outlet;
(3) a retail liquor store;
(4) a farmers' market for which a bona fide
			 farmers' market sales permit has been issued; or
(5) a special event approved and monitored by
			 the director.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 11 - FARM WINERIES › Section 14-11-16 - Farm wineries and farm winery outlets selling at retail; marking prices; price or inventory control tags; shelf markings

Current through Register Vol. 43, No. 28, July 11, 2024
Any licensee of a Kansas farm winery or farm winery outlet that
				sells domestic table wine and domestic fortified wine at retail may mark the
				retail selling price on the glass portion of the original container by using a
				crayon, grease pencil, or other similar means. Licensees may affix, to an
				original container, a price or inventory control paper or tag, or both.
				Luminous or fluorescent paper, or any similar paper, may be used for price or
				inventory control tags.
Farm winery and farm winery outlet licensees may place on a
				wall, or on a freestanding device, a list of items available and the price per
				item or case. In addition, licensees may place price information on
				point-of-sale materials.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 11 - FARM WINERIES › Section 14-11-22 - Special order shipping; license requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each owner or operator of a winery
			 located either within this state or in another state wishing to ship wine
			 directly to consumers in Kansas shall first obtain a special order shipping
			 license from the secretary.
(b)
			 Each application for a special order shipping license shall be submitted upon a
			 form prescribed by the director, contain all information that the director
			 deems necessary, and include the following:
(1) A copy of the winery's federal basic wine
			 manufacturing permit;
(2) the
			 appropriate license and registration fees; and
(3) a bond, pursuant to
			 K.S.A.
			 41-317(b) and amendments
			 thereto.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 11 - FARM WINERIES › Section 14-11-23 - Special order shipping

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 No holder of a special order shipping license, and no owner, employee, or agent
			 of the licensee, shall sell, give, or deliver wine to a person under 21 years
			 of age.
(b) No licensee shall ship
			 wine that was not manufactured by the licensee to a consumer in
			 Kansas.
(c) For each shipment of
			 wine to be sent directly to a consumer in Kansas, the licensee shall complete
			 an invoice or sales slip containing all of the following information:
(1) The name, address, and license number of
			 the winery;
(2) the name and
			 address of the purchaser;
(3) the
			 date of the purchase;
(4) the
			 quantity and size of each brand of wine purchased;
(5) the subtotal of the cost of the wine and
			 the total price of the shipment, including enforcement tax and shipping
			 charge;
(6) a statement that the
			 purchaser's age was verified and that the purchaser is at least 21 years of
			 age; and
(7) the type of photo
			 identification examined and the internet-based age and identification service
			 utilized.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 11 - FARM WINERIES › Section 14-11-24 - Bona fide farmers' market sales permit

Current through Register Vol. 43, No. 28, July 11, 2024
A farm winery licensee may sell domestic table wine and
				domestic fortified wine manufactured by the licensee at a farmers' market only
				after obtaining a bona fide farmers' market sales permit from the
				director.
(a) Each farm winery
			 licensee intending to sell wine at a farmers' market shall submit an
			 application to the director for a bona fide farmers' market sales permit. Each
			 application shall be submitted on a form prescribed by the director and shall
			 include all information the director deems necessary. The application shall
			 indicate the location of the farmers' market and the day of the week on which
			 the applicant intends to sell wine.
(b) No bona fide farmers' market sales permit
			 shall be issued if the local governing body has not approved the sale of
			 alcoholic liquor at retail for the proposed location of the farmers'
			 market.
(c) No bona fide farmers'
			 market sales permit shall be issued for any farmers' market located on state
			 property or within 200 feet of any school, college, or church.
(d) The director may reject an application
			 for a bona fide farmers' market sales permit for either of the following
			 reasons:
(1) The application does not include
			 all information the director deems necessary.
(2) The applicant or its owners, officers,
			 agents, or managers are currently delinquent in payment of any gallon-age tax,
			 enforcement tax, or any fees or fines to the state of Kansas.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 11 - FARM WINERIES › Section 14-11-25 - Licensee of farm winery also licensed as manufacturer

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A farm winery licensee may request a
			 license as a manufacturer by submitting an application to the
			 director.
(b) Each application for
			 a manufacturer's license shall be submitted upon forms prescribed by the
			 director, shall contain all information the director deems necessary, and shall
			 include the following:
(1) The appropriate
			 license fee pursuant to
			 K.S.A.
			 41-310(c), and amendments
			 thereto;
(2) a bond pursuant to
			 K.S.A.
			 41-317(b), and amendments
			 thereto; and
(3) the registration
			 fee pursuant to
			 K.S.A.
			 41-317(a), and amendments
			 thereto.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 11 - FARM WINERIES › Section 14-11-26 - Label approval required

Current through Register Vol. 43, No. 28, July 11, 2024
Before offering for sale in this state any domestic table wine
				or domestic fortified wine, a farm winery or farm winery outlet shall submit
				each label and a "certificate of label approval" from the federal tax and trade
				bureau to the director. No domestic table wine or domestic fortified wine shall
				be sold in this state unless the label and the "certificate of label approval"
				have been submitted to the director.