reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 21 - DRINKING ESTABLISHMENTS › Section 14-21-20 - Suspension and revocation; grounds for; procedure

Current through Register Vol. 43, No. 28, July 11, 2024
The license of any drinking establishment 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
			 act or 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
			 allow the director or any agent or employee of the director or 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 21 - DRINKING ESTABLISHMENTS › Section 14-21-21 - 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.
(e)
			 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, unless the licensee is requesting an
			 extension into a special event as defined by
			 K.S.A.
			 41-719 and amendments thereto.
(f) No premises shall be extended permanently
			 into an area for which the licensee does not possess a valid lease or
			 deed.
(g) The boundary of any
			 premises extended beyond the interior of a building shall be marked by a
			 three-dimensional obstacle.
(h) 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.
(i) 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.
(j) Each licensee who
			 elects to extend its premises into a special event, as defined by
			 K.S.A.
			 41-719 and amendments thereto, for which a
			 temporary permit has been issued shall post a copy of the director's written
			 approval to extend the premises at each entrance to the special event area and
			 at each entrance to the drinking establishment.
(k) 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 21 - DRINKING ESTABLISHMENTS › Section 14-21-22 - 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 21 - DRINKING ESTABLISHMENTS › Section 14-21-23 - Drinking establishments; 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 22 - CATERER › Section 14-22-1 - 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 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 similar
			 holding in any other form of business organization.
(d) "Bulk wine" means wine that is sold to a
			 caterer 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) "Event"
			 means any occasion at which a licensed caterer will offer for sale, sell and
			 serve alcoholic liquor.
(i)
			 "Licensed premises" means those areas described in an application for a club or
			 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) "Morals charge" means any charge made in
			 an indictment, information or complaint alleging crimes which involve:
(1) prostitution;
(2) procuring any person;
(3) soliciting 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.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 22 - CATERER › Section 14-22-2 - Applications and renewals; documents required

Current through Register Vol. 43, No. 28, July 11, 2024
Each application for a caterer's license shall be made upon
				forms prepared by the director and shall contain all information as the
				director deems necessary. Any application which does not contain all required
				information may be returned to the applicant without the application being
				considered on its merits.
(a) General
			 requirements. Each application for a caterer's license shall be accompanied by
			 the following documents and all other documents the director deems necessary:
(1) a copy of a written lease, with at least
			 nine months remaining in its term from the date the license is issued, or proof
			 of ownership by the applicant of the principal place of business sought to be
			 licensed;
(2) the registration fee
			 in the form of a certified check, cashier's check, money order or cash.
			 Personal or business checks shall not be accepted;
(3) the license fee in the form of a
			 certified check, cashier's check, money order or cash. Personal or business
			 checks shall not be accepted; and
(4) a disclosure statement listing each
			 officer, manager, director, trustee, owner, partner, grantor, beneficiary or
			 stockholder owning a beneficial interest in a corporate applicant, and the
			 spouses of these individuals. The disclosure statement shall certify that all
			 the individuals listed are not disqualified from obtaining a caterer's license
			 as provided in K.A.R. 14-22-3.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 22 - CATERER › Section 14-22-3 - Requirements for caterer's license

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A caterer's
			 license shall not be issued to any corporation, partnership, trust or
			 individual if any owner, partner, grantor, trustee, beneficiary, officer,
			 manager, director or 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) who is a law
			 enforcement official; or
(C) who
			 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, wholesale or retail sale of alcoholic liquors.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 22 - CATERER › Section 14-22-4 - Issuance of license

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An annual
			 caterer's 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 regula-tions.
(b) An application for a license may be
			 rejected by the director if:
(1) the
			 applicant, officers, directors, partners, registered agents, 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 22 - CATERER › Section 14-22-5 - 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 caterer to whom 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 the 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. The caterer may request additional certified copies of
				its license for the purpose of conducting more than one function at a time at
				which the license is required to be displayed. Upon payment of the cost
				thereof, the director may issue such additional copies or duplicates of a
				caterer's license as it appears is necessary.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 22 - CATERER › Section 14-22-6 - Events; filings; notice; food sales required

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each caterer,
			 under this article, may offer for sale, sell and serve alcoholic liquor for
			 consumption at an event.
(b) Each
			 caterer shall notify the director not less than 10 days in advance of each
			 event at which the caterer will sell alcoholic liquor by the individual drink.
(c) For each event to be catered
			 in an incorporated city, the caterer shall file with the law enforcement agency
			 for the city in which the event will be held, a notice that an event will be
			 held. The notice shall contain that information required by subsection (e).
(d) For each event to be catered
			 outside an incorporated city, the caterer shall file with the sheriff of the
			 county in which the event will be held, a notice that an event will be held.
			 The notice shall contain that information required by subsection (e).
(e) Each notice required by
			 subsections (c) or (d) shall contain:
(1) a
			 copy of the catering contract, in force or proposed, with the sponsor of an
			 event, if applicable;
(2) a clear
			 description of the event premises which shall be in enough detail that the
			 event premises are identifiable;
(3) disclosure of all personnel who will be
			 mixing or dispensing alcoholic liquor at the event; and
(4) a statement of the dates the event will
			 be conducted and the hours of operation on each date.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 22 - CATERER › Section 14-22-7 - Refund upon voluntary cancellation

Current through Register Vol. 43, No. 28, July 11, 2024
If a caterer's license is cancelled, except through revocation
				or suspension, the licensee 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 that remains at
				the time of 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 22 - CATERER › Section 14-22-8 - Drinking establishments/caterer criteria for determination; gross receipts affidavit; estimates

Current through Register Vol. 43, No. 28, July 11, 2024
Any drinking establishment may also obtain a license as a
				caterer under the provisions of the club and drinking establishment act and
				these regulations. Each person seeking both licenses shall comply with all the
				provisions of the club and drinking establishment act and these regulations and
				complete such forms required by the director. Each dual license holder shall
				maintain separately the records for the events it caters from those for the
				drinking establishment. Sales of food or beverage at a catered event shall not
				be included in the sales of the drinking establishment for the purposes of
				determining the gross receipts ratio of the drinking establishment.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 22 - CATERER › Section 14-22-9 - Employees; registration of same; those prohibited

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each caterer
			 shall register the caterer's employees who will mix, sell, serve, or dispense
			 alcoholic liquor with the director, on forms supplied by the director, within
			 five days after the employee begins work for the caterer and upon each renewal
			 of the caterer's license.
(b) A
			 caterer shall not employ or continue to employ any person:
(1) who is under the age of 18 years to serve
			 alcoholic liquor;
(2) who is under
			 the age of 21 years to mix or dispense drinks containing alcoholic liquor;
(3) who is under the age of 21
			 years and is 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;
(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
(6) who is a
			 manufacturer, distributor or retailer or an 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 22 - CATERER › Section 14-22-10 - Purchase of alcoholic liquor; requirements and restrictions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each caterer
			 shall purchase alcoholic liquor only from a retailer. However, any caterer may
			 purchase bulk wine and beer from a distributor.
(b) Any caterer may receive delivery of
			 alcoholic liquor from a retailer and delivery of bulk wine or beer from a
			 distributor to its principal place of business.
(c) A caterer 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 caterer shall not warehouse any liquor on any retail liquor store
			 premises in accordance with K.A.R. 14-13-9(h).
(d) A caterer shall not purchase wine or beer
			 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
			 caterer shall not warehouse any liquor on any distributor's premises.
(e) Each caterer, 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:
(1) The date of
			 purchase;
(2) the name and address
			 of the retailer or distributor;
(3) the name and address of the caterer;
(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 22 - CATERER › Section 14-22-11 - Caterer's responsibility for conduct of business and employees

Current through Register Vol. 43, No. 28, July 11, 2024
Each caterer shall be responsible for the conduct of each event
				catered. Each caterer shall be responsible for all violations of the club and
				drinking establishment act by the following people while on the event premises:
(a) An employee of the caterer;
(b) an employee of any person
			 contracting with the caterer to provide services or food at an event; or
(c) any person serving or mixing
			 alcoholic liquor at an event.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 22 - CATERER › Section 14-22-12 - Storage of liquor

Current through Register Vol. 43, No. 28, July 11, 2024
(a) At the time of
			 application for a caterer's license, each caterer shall inform the director as
			 to the location of the liquor storage area that the caterer plans to use at its
			 principal place of business. A caterer shall not store its liquor in any place
			 other than the principal place of business of the caterer unless the caterer
			 has received prior approval from the director. For each event, the caterer
			 shall make a record of the amount of unused alcoholic liquor and its
			 disposition and keep the record with those records required by K.A.R.
			 14-22-10(g).
(b) Each caterer
			 holding a license as a drinking establishment shall keep all alcoholic liquor
			 intended for use at catered functions in separate storage facilities from that
			 intended for use in the drinking establishment.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 22 - CATERER › Section 14-22-13 - Removal of liquor from event premises prohibited; alcoholic liquor sales by caterer and drinking establishment licensees

Current through Register Vol. 43, No. 28, July 11, 2024
A caterer shall not sell alcoholic liquor for removal from or
				consumption off of the event premises. The removal of alcoholic liquor sold by
				the caterer from the premises of an event or from the principal place of
				business of the caterer, other than transportation to an event, is prohibited.
				A caterer who also holds a license as a drinking establishment may sell
				alcoholic liquor upon the drinking establishment's licensed premises.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 22 - CATERER › Section 14-22-14 - Nontaxed liquor and individual alcoholic liquor on event premises prohibited

Current through Register Vol. 43, No. 28, July 11, 2024
A caterer shall dispense alcoholic liquor from original
				containers bearing Kansas alcoholic liquor identification stamps. Any
				individual may be allowed to bring bottles onto the event premises upon the
				following conditions:
(a) A caterer
			 shall not warehouse any bottles upon the event premises;
(b) each person bringing any bottles onto the
			 event premises shall remove the bottles when departing from the event premises;
(c) 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 22 - CATERER › Section 14-22-16 - Minimum prices for drinks; how determined

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A licensed
			 caterer shall not sell any drink to any person for less than the acquisition
			 cost of that drink to the caterer.
(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 22 - CATERER › Section 14-22-17 - Caterers charge the same price for the same drink all day; day defined

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A caterer shall
			 not sell a drink to any person for less than the price charged for that same
			 drink to all other 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 6:00 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 22 - CATERER › Section 14-22-18 - Federal retail stamp

Current through Register Vol. 43, No. 28, July 11, 2024
Each caterer 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 at the
				caterer's principal place of business.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 22 - CATERER › Section 14-22-19 - Excise tax shall be current

Current through Register Vol. 43, No. 28, July 11, 2024
Any caterer 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. Any caterer 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 22 - CATERER › Section 14-22-20 - Suspension and revocation; grounds for; procedure

Current through Register Vol. 43, No. 28, July 11, 2024
The license of any caterer 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 caterer has omitted or misstated a
			 material fact in the caterer's application;
(b) the caterer has operated in a manner
			 materially different from that represented in the application;
(c) the caterer has engaged in a prohibited
			 act or transaction;
(d) the
			 caterer has violated any provision of the liquor control act, the club and
			 drinking establishment 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 upon the
			 caterer's principal place of business or at an event;
(f) the caterer, its managing officers or any
			 employee has purchased and displayed, on the event premises or at the principal
			 place of business a federal wagering occupational stamp or a federal coin
			 operated gambling device stamp issued by the United States treasury department;
(g) the caterer has refused to
			 allow the director or any agent or employee of the director or secretary to
			 inspect the permitted premises, any alcoholic liquor upon the permitted
			 premises or any records required to be kept by these regulations; or
(h) the caterer has allowed a person who is
			 under the age of 21 years to possess alcoholic liquor while on the permitted
			 premises.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 23 - TEMPORARY PERMITS › Section 14-23-1 - 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 alcoholic content.
(c) "Beneficial interest" means any ownership
			 interest of 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) "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.
(e)
			 "Director" means the director of the division of alcoholic beverage control of
			 the department of revenue.
(f)
			 "Distributor" means those persons licensed by the director, pursuant to
			 K.S.A.
			 41-306 as amended by L. 1987, Ch. 182, Sec.
			 14; 41-307 as amended by L. 1987, Ch. 182, Sec. 17; L. 1987, Ch. 182, Sec. 15;
			 and 41-2713 et seq., 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.
(g) "Event" means the occasion for which the
			 applicant has received a temporary permit as required in these regulations and
			 at which the applicant may offer for sale, sell and serve alcoholic liquor to
			 the general public.
(h) "Licensed
			 premises" means those facilities which have been licensed pursuant to the club
			 and drinking establishment act as a club or a drinking establishment.
(i) "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) illegal cohabitation;
(9) adultery;
(10) bigamy; or
(11) a crime against nature.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 23 - TEMPORARY PERMITS › Section 14-23-2 - Applications; documents required

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each application for a temporary permit
			 shall be submitted upon forms prescribed by the director and shall contain all
			 information the director deems necessary. Any application that does not contain
			 all required information may be returned to the applicant.
(b) Each application shall be accompanied by
			 the permit fee.
(c) Each
			 application shall be accompanied by a diagram of the premises covered by the
			 temporary permit. The diagram shall clearly show 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.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 23 - TEMPORARY PERMITS › Section 14-23-3 - Requirements for temporary permit

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Corporations. A
			 corporation shall not be issued a temporary permit if any officer, manager,
			 director or stockholder owning a beneficial interest in the corporation:
(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;
(5) is an
			 employee of the director;
(6)
			 intends to act as the agent of another in exercising control of the permit;
(7) has had any license or permit
			 issued by the director revoked;
(8) has been an officer, manager, director or
			 a stockholder owning a beneficial interest in a corporation which:
(A) has had a license revoked under the club
			 and drinking establishment act; or
(B) has been convicted of a violation of the
			 club and drinking establishment act or the cereal malt beverage laws of this
			 state.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 23 - TEMPORARY PERMITS › Section 14-23-4 - Issuance of permit

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A temporary
			 permit 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 temporary permit may be rejected by the director if:
(1) the applicant, or any officer, director,
			 partner, registered agent, trustee, manager or owner of the applicant has
			 previously owned or operated any type of temporary permit, club, drinking
			 establishment or caterer's license, and at the time the previous temporary
			 permit or license was surrendered, the temporary permit holder or licensee had
			 been ordered to appear and show cause why the temporary permit or license
			 should not be revoked or suspended;
(2) the applicant has been granted four
			 permits in the current calendar year;
(3) the applicant has designated an area for
			 an event which was 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
			 temporary permit covering the premises is an attempt to avoid any possible
			 remedial action taken by the director against the former licensee;
(4) the applicant has had a license or permit
			 revoked under the club and drinking establishment act or has been convicted of
			 a violation of the club and drinking establishment act, the liquor control act,
			 K.S.A.
			 41-2701 et seq. or
			 K.S.A.
			 79-41a01 et seq.; or
(5) the application is not filed with the
			 director at least 14 days prior to the event.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 23 - TEMPORARY PERMITS › Section 14-23-5 - Events; filings; notice; prohibitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each temporary permit holder shall be
			 allowed to offer for sale, sell, and serve alcoholic liquor for consumption at
			 an event in accordance with the club and drinking establishment act and these
			 regulations. Each temporary permit holder shall be allowed to sell wine in the
			 unopened, original container at the state fair.
(b) Each temporary permit holder shall
			 prominently display at each event upon a poster or other device located at the
			 entrance to the permitted premises all of the following:
(1) The temporary permit;
(2) the name of the agent of the organization
			 who is in charge of the event;
(3)
			 a diagram of the premises covered by the temporary permit, clearly showing the
			 boundaries of the premises, entrances to and exits from the premises, and the
			 area in which the service of alcoholic liquor will take place; and
(4) for a special event, as defined by
			 K.S.A.
			 41-719 and amendments thereto, the business
			 names of all drinking establishments that have elected to extend their licensed
			 premises into the event area.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 23 - TEMPORARY PERMITS › Section 14-23-6 - Refund upon voluntary cancellation

Current through Register Vol. 43, No. 28, July 11, 2024
Temporary permit fees shall not be refunded by the director
				upon cancellation of a permit or event, regardless of the reason.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 23 - TEMPORARY PERMITS › Section 14-23-7 - Employees; prohibitions

Current through Register Vol. 43, No. 28, July 11, 2024
Each temporary permit holder shall not employ or use the
				service of any person:
(a) Who is
			 under the age of 18 years to serve alcoholic liquor;
(b) who is under the age of 21 years to mix
			 or dispense drinks containing alcoholic liquor;
(c) who is under the age of 21 years and not
			 supervised by the permit holder or an employee who is at least 21 years of age;
(d) who has been convicted of a
			 felony or of any crime involving a morals charge to dispense, mix or serve
			 alcoholic liquor;
(e) 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.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 23 - TEMPORARY PERMITS › Section 14-23-8 - Purchase of alcoholic liquor; requirements and restrictions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each temporary
			 permit holder shall purchase alcoholic liquor only from a retailer or a farm
			 winery.
(b) Temporary permit
			 holders shall not receive delivery of alcoholic liquor from a retailer or a
			 farm winery.
(c) Temporary permit
			 holders shall not purchase alcoholic liquor from any retail liquor licensee 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." Temporary permit holders shall not
			 warehouse any liquor on the premises of any retail liquor store or farm winery.
			 All liquor purchased on any one day shall be picked up at the retail liquor
			 store or farm winery on that same day.
(d) Each temporary permit holder, when making
			 alcoholic liquor purchases from a retailer or farm winery, shall obtain and
			 keep for at least one year 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 farm winery;
(3)
			 the name and address of the permit holder as it appears on the
			 permit;
(4) the brand, size, proof,
			 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.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 23 - TEMPORARY PERMITS › Section 14-23-9 - Permit holder's responsibility for conduct at event

Current through Register Vol. 43, No. 28, July 11, 2024
Each permit holder shall be responsible for the conduct at an
				event. The permit holder shall be responsible for all violations of the club
				and drinking establishment act by the following people while on the permitted
				premises:
(a) An employee of the
			 permit holder;
(b) any individual
			 serving or mixing alcoholic liquor at an event; or
(c) any employee of any person contracting
			 with the permit holder to provide services or food in connection with an event.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 23 - TEMPORARY PERMITS › Section 14-23-10 - Removal of liquor from event premises prohibited; boundary requirement

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No permit
			 holder shall sell alcoholic liquor for removal from or consumption off of the
			 licensed premises, except that liquor may be removed to a drinking
			 establishment that has extended its premises into the special event area in
			 accordance with
			 K.S.A.
			 41-2645 and amendments thereto.
(b) The boundary of any premises covered by a
			 temporary permit shall be marked by a three-dimensional obstacle.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 23 - TEMPORARY PERMITS › Section 14-23-11 - Nontaxed liquor; individual bringing alcoholic liquor on to permitted premises

Current through Register Vol. 43, No. 28, July 11, 2024
(a) At an event,
			 alcoholic liquor shall be dispensed from original containers bearing Kansas
			 alcoholic liquor identification stamps.
(b) Any individual may be allowed to bring
			 bottles onto the event premises upon the following conditions:
(1) A permit holder shall not warehouse any
			 bottles upon the event premises;
(2) each individual bringing any bottles onto
			 the event premises shall remove the bottles when departing from the event
			 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 23 - TEMPORARY PERMITS › Section 14-23-12 - Minimum prices for drinks; how determined

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A permit holder
			 shall not sell a drink to any person for less than the acquisition cost of that
			 drink to the permit holder.
(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 23 - TEMPORARY PERMITS › Section 14-23-13 - Charge the same price for the same drink all day; day defined

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A permit holder
			 shall not sell a drink to any person for less than the price charged for that
			 same drink to all other persons 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.