Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 19 - CLASS A CLUBS › Section 14-19-14 - 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, business 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.
(d) "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.
(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 the division 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) "Guest of
			 member" means an individual who is known to and personally accompanied by a
			 member of a club while on the licensed premises of the club. "Guest of member"
			 shall not include members of the general public admitted to licensed club
			 premises as guests of the club's owner, manager or employee.
(i) "Licensed premises" means those areas
			 described in an application for a club 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 club who is in charge of the daily
			 operations of the licensed club. A manager shall be deemed to be employed in
			 connection with the dispensing, selling, mixing or serving of alcoholic liquor.
(k) "Member" means an individual
			 who is a corporate stockholder, partner, trust beneficiary or associate and
			 members of the individual's family as provided in the class A club's organizing
			 documents.
(l) "Morals charge"
			 means a 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.