reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 20 - CLASS B CLUBS › Section 14-20-19 - Change of club status

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If a licensee
			 desires to change its license from a class B club to a drinking establishment,
			 the licensee shall make application, at least 45 days prior to the desired date
			 of the change, for the type of license sought and shall voluntarily cancel the
			 current license upon the issuance of the new type license. The licensee shall
			 receive a refund of the license voluntarily canceled as provided by K.A.R.
			 14-20-20.
(b) If an audit by the
			 director or the secretary finds a class B club with reciprocal agreements has
			 failed to derive at least 50% of its gross receipts from the sale of food, all
			 that class B club's reciprocal agreements shall be canceled. The class B club
			 licensee, upon receipt of notice of cancellation of its reciprocal agreements,
			 shall not admit reciprocal guests to the licensed premises.
(c) If an audit by the director or the
			 secretary finds one of the class B clubs owned by a licensee which holds
			 multiple licenses pursuant to the provisions of K.A.R. 14-20-24, fails to
			 derive at least 50% of its gross receipts from the sale of food, then that
			 class B club's license shall be canceled. The licensee shall have 10 days from
			 receipt of notice of cancellation to advise the director, in writing, of its
			 intent to sell the class B club and the date upon which the sale will be
			 effective. If the effective sale date is within 30 days of the delivery of the
			 licensee's notice of intent to sell, then the licensee's license shall be
			 canceled on the effective date of the sale. If the licensee fails to give a
			 notice of intent to sell or the effective date is longer than 30 days from the
			 receipt of the licensee's notice of intent to sell, the licensee's license
			 shall be canceled 40 days from the date the licensee receives the director's
			 notice of cancellation and the licensee shall discontinue operations under the
			 club and drinking establishment act and surrender its license to the director.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 20 - CLASS B CLUBS › Section 14-20-20 - 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 be made only upon
				application to the director.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 20 - CLASS B CLUBS › Section 14-20-21 - 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. 14-20-23, 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 sign his or her
			 name, show their 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 20 - CLASS B CLUBS › Section 14-20-22 - Roster of members

Current through Register Vol. 43, No. 28, July 11, 2024
The licensee of each club shall maintain a current roster of
				members who are entitled to access and use of the licensed premises and the
				services offered by the club.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 20 - CLASS B CLUBS › Section 14-20-23 - Agreement for reciprocal membership

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any two or more
			 class B 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 the 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.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 20 - CLASS B CLUBS › Section 14-20-24 - Restaurant clubs; criteria for determination; gross receipts affidavit; estimates

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For purposes of
			 reciprocity and multiple ownership of class B clubs, a club shall be deemed to
			 be a restaurant if the ratio of food sales on the licensed premises to total
			 gross receipts for all sales made on the licensed premises for a period of not
			 less than 12 months is 50% or greater. Sales of any kind made on permanent
			 public areas that are not a part of the licensed premises shall not be included
			 in any calculation for this purpose. Sales of food or other commodities made on
			 the licensed premises during times that public functions are authorized may be
			 included in all calculations.
(b)
			 Each club licensee requesting restaurant status shall submit accurate figures
			 for food sales, total gross sales, and whatever other pertinent information is
			 requested on forms to be provided by the director at the time the licensee
			 initially requests restaurant status and upon each renewal of the licensee's
			 license.
(c) Each club requesting
			 restaurant status that has been in operation for a period of less than 12
			 months may submit estimated figures for food sales and total gross receipts.
			 However, a successor corporation taking over an existing club shall not utilize
			 estimates if 40% or more of the successor corporation is owned by persons who
			 were required to meet the licensing qualifications of the existing club.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 20 - CLASS B CLUBS › Section 14-20-25 - Temporary memberships; grant-ing, records, and billing

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Each class B club located on the premises
			 of a "hotel," or "RV resort," or each class B club that enters into a contract
			 with a hotel or RV resort to issue temporary memberships to that hotel's or RV
			 resort's guests, shall keep a record of temporary memberships granted by the
			 club to registered nonresident guests of that hotel or RV resort. The term
			 "hotel" shall have the meaning as provided in
			 K.S.A.
			 36-501. The term "RV resort" shall have the
			 meaning as provided in L. 1990, Ch. 179, Sec. 5.
(2) Only clubs shall issue temporary
			 memberships. The hotel or RV resort management shall not issue or handle
			 temporary memberships. A temporary membership card shall be issued to each
			 temporary member setting forth, on its face, the effective dates, the name of
			 the club and the name of the member. The hotel or RV resort may handle billings
			 if all funds are accounted to the club and if the hotel or RV resort keeps a
			 permanent record of all charges and payments due to the club which the hotel or
			 RV resort handles.
(3) The hotel
			 or RV resort shall provide to each guest who desires to become a temporary club
			 member a preprinted form or statement on its business letterhead, signed by an
			 authorized employee or official, setting forth the name of the guest, the date
			 or dates on which the bearer is a registered guest at the hotel or RV resort
			 and certifying that the guest does not permanently reside in the same county as
			 the hotel or RV resort or the private club.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 20 - CLASS B CLUBS › Section 14-20-26 - 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 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;
(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.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 20 - CLASS B CLUBS › Section 14-20-27 - 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 on its licensed
			 premises 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;
(4) the
			 brand, size, proof and amount of all alcoholic liquor purchased; and
(5) the subtotal of the cost of the alcoholic
			 liquor purchased 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 20 - CLASS B CLUBS › Section 14-20-28 - 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 20 - CLASS B CLUBS › Section 14-20-29 - 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.
			 41-2641 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 20 - CLASS B CLUBS › Section 14-20-30 - Nontaxed liquor and refilling of containers prohibited

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Alcoholic
			 liquor shall only be dispensed from or stored in original containers bearing
			 Kansas alcoholic liquor identification stamps. A licensed club shall not refill
			 any original container with any alcoholic liquor, or any other substance.
(b) A member, guest or reciprocal
			 member may be allowed to 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 20 - CLASS B CLUBS › Section 14-20-31 - 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 20 - CLASS B CLUBS › Section 14-20-32 - Minimum prices for drinks; how determined

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A licensed
			 private 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 20 - CLASS B CLUBS › Section 14-20-33 - 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 licensed 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 20 - CLASS B CLUBS › Section 14-20-34 - 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 any
				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 20 - CLASS B CLUBS › Section 14-20-35 - Federal retail stamp

Current through Register Vol. 43, No. 28, July 11, 2024
Private club licensees 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 20 - CLASS B CLUBS › Section 14-20-36 - 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 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 20 - CLASS B CLUBS › Section 14-20-37 - Suspension and revocation; grounds for; procedure

Current through Register Vol. 43, No. 28, July 11, 2024
The license of any class B 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 has engaged in a prohibited
			 transaction;
(d) 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;
(e) 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;
(f) 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;
(g) 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
(h) 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 20 - CLASS B CLUBS › Section 14-20-38 - 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 20 - CLASS B CLUBS › Section 14-20-40 - 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 20 - CLASS B CLUBS › Section 14-20-41 - 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. 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 20 - CLASS B CLUBS › Section 14-20-42 - Class B 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 21 - DRINKING ESTABLISHMENTS › Section 14-21-3 - Requirements for drinking establishment license

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A drinking
			 establishment license shall not be issued to any corporation, partnership,
			 trust, association 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 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 are a restaurant and all of the
			 individual's beneficial interests are in clubs or drinking establishments which
			 are restaurants.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 21 - DRINKING ESTABLISHMENTS › Section 14-21-4 - Issuance of license

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An annual
			 drinking establishment 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, officers, directors, partners, registered agent, trustees, managers,
			 or owners have previously owned or operated 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, officers, directors,
			 partners, registered agent, trustees, managers or owners have previously owned
			 or operated any type of 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 21 - DRINKING ESTABLISHMENTS › Section 14-21-5 - 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 drinking establishment 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 such 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 21 - DRINKING ESTABLISHMENTS › Section 14-21-7 - Refund upon cancellation

Current through Register Vol. 43, No. 28, July 11, 2024
If the license of any drinking establishment is canceled except
				through revocation or suspension, the drinking establishment 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 be
				made only upon application to the director.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 21 - DRINKING ESTABLISHMENTS › Section 14-21-8 - Restaurant drinking establishments; criteria for determination; gross receipts affidavit; estimates

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For purposes of
			 multiple ownership of drinking establishments, a licensed drinking
			 establishment shall be deemed a restaurant after a comparison by the director
			 of food sales on the licensed premises to total gross receipts for all sales
			 made on the licensed premises for a period not less than 12 months.
(b) Each drinking establishment licensee
			 requesting restaurant status shall submit accurate figures for food sales,
			 total gross sales, and any other pertinent information. The information shall
			 be submitted on a form provided by the director at the time the licensee
			 initially requests restaurant status, and upon each renewal of the license.
(c) Each drinking establishment
			 requesting restaurant status that has been in operation for a period of less
			 than 12 months may submit estimated figures for food sales and total gross
			 receipts. However, a successor corporation taking over an existing drinking
			 establishment shall not utilize estimates if 40% or more of the successor
			 corporation is owned by persons who were required to meet the license
			 qualifications of the predecessor corporation.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 21 - DRINKING ESTABLISHMENTS › Section 14-21-9 - Employees; registration of same; prohibitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each drinking
			 establishment shall register with the director all employees who will mix,
			 sell, serve or dispense alcoholic liquor on forms supplied by the director,
			 within five days after each employee begins work for the drinking establishment
			 and upon each renewal of the drinking establishment's license.
(b) A drinking establishment 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 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;
(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.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 21 - DRINKING ESTABLISHMENTS › Section 14-21-10 - Purchase of alcoholic liquor and cereal malt beverages; requirements and restrictions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each drinking
			 establishment shall purchase alcoholic liquor only from a retailer. However,
			 any drinking establishment may buy bulk wine, beer and cereal malt beverages
			 from a distributor.
(b) Any
			 drinking establishment 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 drinking establishment 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 the licensee
			 is a "Wholesale Liquor Dealer Under Federal Law." A drinking establishment
			 shall not warehouse any liquor on any retail liquor store premises.
(d) A drinking establishment 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 drinking establishment shall
			 not warehouse its liquor on any distributor's premises.
(e) Each drinking establishment, 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 drinking establishment;
(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 21 - DRINKING ESTABLISHMENTS › Section 14-21-11 - 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 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
			 drinking establishment;
(b) an
			 employee of any person contracting with the drinking establishment 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 21 - DRINKING ESTABLISHMENTS › Section 14-21-12 - Storage of liquor; removal from drinking establishment 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 drinking
			 establishment 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.
			 41-2642 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 21 - DRINKING ESTABLISHMENTS › Section 14-21-13 - Nontaxed liquor and refilling of containers prohibited

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Alcoholic
			 liquor shall only be dispensed from or stored in original containers bearing
			 Kansas alcoholic liquor identification stamps. A drinking establishment shall
			 not refill any original container with any alcoholic liquor or any other
			 substance.
(b) An individual may
			 be allowed to bring bottles onto the drinking establishment premises upon the
			 following conditions:
(1) A drinking
			 establishment shall not warehouse any bottles upon the drinking establishment
			 premises;
(2) each person bringing
			 any bottles onto the drinking establishment premises shall remove the bottles
			 when departing from the drinking establishment 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 21 - DRINKING ESTABLISHMENTS › Section 14-21-14 - Cereal malt beverages; sale allowed

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any drinking
			 establishment may sell cereal malt beverages upon the licensed premises if:
(1) The drinking establishment notifies the
			 director when it obtains a license for the retail sale of cereal malt
			 beverages;
(2) the drinking
			 establishment notifies the director of each renewal of the license for the
			 retail sale of cereal malt beverages; and
(3) the drinking establishment 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 21 - DRINKING ESTABLISHMENTS › Section 14-21-15 - Minimum prices for drinks; how determined

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A licensed
			 drinking establishment shall not sell any drink to any person for less than the
			 acquisition cost of that drink to the drinking establishment.
(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 21 - DRINKING ESTABLISHMENTS › Section 14-21-16 - Drinking establishments charge the same price for the same drink all day; day defined

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A licensed
			 drinking establishment shall not sell a drink to any person for less than the
			 price charged for that same drink to all other drinking establishment 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 21 - DRINKING ESTABLISHMENTS › Section 14-21-17 - 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 any
				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 21 - DRINKING ESTABLISHMENTS › Section 14-21-18 - Federal retail stamp

Current through Register Vol. 43, No. 28, July 11, 2024
Each drinking establishment 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 21 - DRINKING ESTABLISHMENTS › Section 14-21-19 - Excise tax shall be current

Current through Register Vol. 43, No. 28, July 11, 2024
Any drinking establishment 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 drinking
				establishment 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.