Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 21 - DRINKING ESTABLISHMENTS › Section 14-21-1 - 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) "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 similar holding in
			 any other form of business organization.
(d) "Bulk Wine" means wine that is sold to a
			 drinking establishment, either by a retailer or a distributor, in barrels,
			 casks or bulk containers which individually exceed 20 liters.
(e) "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.
(f)
			 "Director" means the director of alcoholic beverage control of the department
			 of revenue.
(g) "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.
(h) "Food
			 service establishment" has the meaning provided by
			 K.S.A.
			 36-501 and amendments thereto.
(i) "Licensed premises" means those areas
			 described in an application for a drinking establishment license that are under
			 the control of the applicant and that are intended as the area in which
			 alcoholic liquor or cereal malt beverages are to be served pursuant to the
			 applicant's license.
(j) "Manager"
			 means the manager or assistant manager, or both, of any licensed drinking
			 establishment who is in charge of the daily operations of the licensed drinking
			 establishment. A manager shall be deemed to be employed in connection with the
			 dispensing, selling, mixing or serving of alcoholic liquor.
(k) "Morals charge" means any charge made in
			 an indictment, information or a complaint alleging crimes which involve:
(1) prostitution;
(2) procuring any person;
(3) solicitation of a child under 18 years of
			 age for any immoral act involving sex;
(4) possession or sale of narcotics,
			 marijuana, amphetamines or barbiturates;
(5) rape;
(6) incest;
(7) gambling;
(8) adultery; or
(9) bigamy.