Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 14 - MANUFACTURERS; DISTRIBUTORS; NONBEVERAGE USERS; FARM WINERIES; MICROBREWERIES › Section 14-14-1 - 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) "Alcoholic liquor" means alcohol,
			 spirits, wine, beer and every liquid or solid, patented or not, containing
			 alcohol, spirits, wine or beer and capable of being consumed as a beverage by a
			 human being. Alcoholic liquor shall not include any cereal malt beverage.
(b) "Beer" means a beverage,
			 containing more than 3.2% alcohol by weight, obtained by alcoholic fermentation
			 of an infusion or concoction of barley or other grain, malt and hops in water.
			 The term beer includes beer, ale, stout, lager beer, porter and similar
			 beverages having such an alcoholic content.
(c) "Beer distributor" means any person
			 licensed pursuant to K.S.A. 1991 Supp.
			 41-307 to sell or offer for sale
			 beer or cereal malt beverage to any person authorized by law to sell beer or
			 cereal malt beverage at retail.
(d) "Beneficial interest" means any ownership
			 interest by a person or that person's spouse in a business, corporation,
			 partnership, trust, association or other form of business organization which
			 exceeds 5% of the outstanding shares of that corporation or a similar holding
			 in any other form of business organization.
(e) "Bona fide group of grape growers and
			 wine makers" means any group that is an incorporated, non-profit organization
			 of commercial grape growers or wine makers who are organized for the purpose of
			 promoting grape growing and wine making within the state of Kansas.
(f) "Bulk wine" means wine that is sold to a
			 club, either by a retailer or a distributor, in barrels, casks or bulk
			 containers which individually exceed 20 liters.
(g) "Caterer" means a person licensed
			 pursuant to Article 22 of these regulations.
(h) "Cereal malt beverage" means any
			 fermented but undistilled liquor brewed or made from malt or from a mixture of
			 malt or malt substitute, but does not include any liquor which is more than
			 3.2% alcohol by weight.
(i) "Club"
			 means the premises or person licensed pursuant to Articles 19 or 20 of these
			 regulations.
(j) "Director" means
			 the director of the division of alcoholic beverage control of the department of
			 revenue.
(k) "Distributor" means
			 any person licensed by the director as a "beer distributor," "spirits
			 distributor" or "wine distributor."
(l) "Drinking establishment" means the
			 premises or person licensed pursuant to Article 21 of these regulations.
(m) "Licensed premises" means
			 those areas described in an application for a license which are under the
			 control of the applicant and in which the applicant will conduct the licensed
			 business.
(n) "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.