reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 11 - FARM WINERIES › Section 14-11-27 - Domestic table wine and domestic fortified wine; Kansas product requirement

Current through Register Vol. 43, No. 28, July 11, 2024
(a) At
			 least 60% of the products utilized in the manufacture of each bottle of
			 domestic table wine and domestic fortified wine shall be grown in Kansas unless
			 the director has authorized a different proportion pursuant to
			 K.S.A.
			 41-308a(c), and amendments
			 thereto.
(b) In order for the
			 director to find that less than 60%, but more than 50%, of the products used in
			 the manufacture of each bottle of domestic table wine and domestic fortified
			 wine shall be grown in Kansas, the following factors shall be considered:
(1) Acts of nature affecting the harvest of
			 products used in the manufacture of domestic table wine and domestic fortified
			 wine;
(2) disease, blight, or
			 fungus affecting the harvest of products used in the manufacture of domestic
			 table wine and domestic fortified wine; and
(3) pesticide drift or overspray from
			 surrounding areas affecting the harvest of products used in the manufacture of
			 domestic table wine and domestic fortified wine.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 11 - FARM WINERIES › Section 14-11-28 - Sales to minors prohibited

Current through Register Vol. 43, No. 28, July 11, 2024
No farm winery licensee, farm winery outlet licensee, holder of
				a special order shipping license, holder of a bona fide farmers' market sales
				permit, or any owner, employee, or agent of any of these individuals shall
				sell, give, or deliver domestic table wine or domestic fortified wine to any
				person under 21 years of age.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 11 - FARM WINERIES › Section 14-11-29 - Record retention; reporting requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each farm winery licensee, farm winery
			 outlet licensee, holder of a bona fide farmers' market sales permit, or holder
			 of a special order shipping license shall maintain records of all sales made
			 under the license or permit for at least three years after the date of sale.
			 The records required by this subsection shall be available for inspection by
			 the director, any agent or employee of the director, or the secretary upon
			 request.
(1) Each record required by the
			 regulation shall be maintained on the premises of the farm winery or farm
			 winery outlet for at least 90 days after the sale.
(2) Any record required by this regulation
			 may be stored electronically and maintained off the licensed
			 premises.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 13 - RETAIL LIQUOR DEALER › Section 14-13-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in this article of the division's regulations, unless
				the context clearly requires otherwise, each of the following terms shall have
				the meaning specified in this regulation:
(a) "Adjacent premises" means an enclosed
			 permanent structure that is contiguous to the licensed premises and may be
			 located in front of, beside, behind, below, or above the licensed premises.
			 Adjacent premises shall be under the direct or indirect control of the
			 retailer. This term shall not include empty lots, parking lots, temporary
			 structures, or enclosed structures not contiguous to the licensed
			 premises.
(b) "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.
(c) "Bulk wine" means
			 wine that is sold to a club by either a retailer or a distributor in barrels,
			 casks, or bulk containers that individually exceed 20 liters.
(d) "Cereal malt beverage" has the meaning
			 specified in
			 K.S.A.
			 41-2701, and amendments thereto.
(e) "Church" means a building that is owned
			 or leased by a religious organization and is used exclusively as a place for
			 religious worship and other activities ordinarily conducted by a religious
			 organization.
(f) "Crime opposed to
			 decency and morality" means a crime involving any of the following:
(1) Prostitution;
(2) solicitation of a child under 18 years of
			 age for any immoral act involving sex;
(3) possession or sale of narcotics,
			 marijuana, amphetamines, or barbiturates;
(4) rape;
(5) incest;
(6) gambling;
(7) adultery;
(8) bigamy; or
(9) procuring any person to be involved in
			 the commission of any of the criminal acts specified in paragraphs (f)
			 (1)-(8).
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 13 - RETAIL LIQUOR DEALER › Section 14-13-2 - Application for retail liquor license; requirements, conditions, and restrictions on issuance of license

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A
			 retailer's license shall be issued by the director to each applicant who is
			 determined by the director to have met the requirements of the liquor control
			 act.
(b) Each application for a
			 retailer's license shall be submitted on forms prescribed by the director and
			 include the following:
(1) A copy of any
			 partnership agreement, operating agreement of a limited liability company,
			 declaration of trust, or other documents specifying the aims and purposes of
			 the trust, if applicable;
(2) a
			 copy of a written lease or proof of ownership of the premises to be
			 licensed;
(3) a certified statement
			 from the applicant that the licensed premises are located in one of the
			 following areas:
(A) An area where the zoning
			 regulations of the city, township, or county allow the operation of a retail
			 liquor store; or
(B) an area where
			 no zoning regulations have been adopted;
(4) the proper license fee and registration
			 fee;
(5) a bond, pursuant to
			 K.S.A.
			 41-317 and amendments thereto;
(6) a diagram of the licensed premises,
			 showing the area or areas in which alcoholic liquor will be stored and sold.
			 Subject to the prior approval of the director, the licensed premises may
			 include either of the following:
(A) Those
			 areas outside the main sales area that are within 100 yards of the main sales
			 area and located upon property that is subject to the applicant's legal
			 control; or
(B) a detached storage
			 area, located within 100 yards of the main sales area and used exclusively for
			 storage of alcoholic liquor by the retailer; and
(7) all other information necessary to
			 complete the application process.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 13 - RETAIL LIQUOR DEALER › Section 14-13-4 - Local occupation or license tax; display requirement

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If the retail premises are located in a
			 city or county that imposes a local occupation or license tax, a retailer shall
			 not sell or offer for sale any alcoholic liquor until the retailer has paid the
			 occupation or license tax.
(b) Each
			 retailer whose licensed premises is located in a city or county that requires a
			 local occupation or license tax shall cause proof of payment of the occupation
			 or license tax to be framed and hung in a conspicuous place on the retailer's
			 licensed premises.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 13 - RETAIL LIQUOR DEALER › Section 14-13-5 - Retailers; employees; roster; responsibility for conduct

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each retailer shall be responsible for
			 the conduct of the retailer's business and shall be directly responsible for
			 violations of the liquor control act or these regulations by any employee
			 engaged in and acting in the course of employment.
(b) Each retailer shall maintain, on the
			 licensed premises, a roster of all employees, including unpaid volunteers, who
			 are involved in the sale or service of alcoholic liquor. This roster shall be
			 made available for inspection upon request by the director, any agent or
			 employee of the director, or secretary.
The roster required by this regulation shall contain each
				employee's first name, last name, middle initial, gender, and date of
				birth.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 13 - RETAIL LIQUOR DEALER › Section 14-13-6 - Change of location of business

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any retailer may change the location of
			 the licensed premises only upon written permission of the director.
(b) At least 20 days before changing the
			 location of the business, the retailer shall submit a written request, on forms
			 prescribed by the director, to change the location of the business.
(c) Each request required by subsection (b)
			 shall contain all of the following:
(1) The
			 retailer's name and license number;
(2) the retailer's current business
			 address;
(3) the retailer's new
			 business address;
(4) a copy of a
			 written lease or proof of ownership of the new premises sought to be licensed;
			 and
(5) a certified statement, from
			 the clerk of the city or county in which the premises sought to be licensed are
			 located, that the premises are in one of the following areas:
(A) An area where the zoning regulations of
			 the city, township, or county allow the operation of a retail liquor store;
			 or
(B) an area where no zoning
			 regulations have been adopted.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 13 - RETAIL LIQUOR DEALER › Section 14-13-7 - Licenses, loss or destruction of; duplicate license

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Whenever any license issued by the
			 director is lost or destroyed before its expiration, the retailer to whom the
			 license was issued may submit a written application to the director for a
			 duplicate license.
(b) The
			 application required by subsection (a) shall be submitted on forms prescribed
			 by the director and shall contain the facts and circumstances concerning the
			 loss or destruction of the license.
(c) The director may issue a duplicate
			 license upon receipt of information that the license has been lost or
			 destroyed.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 13 - RETAIL LIQUOR DEALER › Section 14-13-8 - Transfer of retailer's stock of alcoholic liquor; application for permission; seizure and sale of abandoned alcoholic liquor

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When a retailer's license has expired or
			 been surrendered or revoked, that retailer may apply to the director for
			 permission to transfer the retailer's stock of alcoholic liquors to another
			 licensee.
(b) The application to
			 transfer the retailer's stock of alcoholic liquors shall be submitted on forms
			 prescribed by the director and shall contain all of the following:
(1) The retailer's name and license
			 number;
(2) the purchaser's name
			 and license number;
(3) the gross
			 sale price of the transferred alcoholic liquor; and
(4) the quantity, brand, and type of each
			 container of alcoholic liquor to be transferred.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 13 - RETAIL LIQUOR DEALER › Section 14-13-9 - Transactions prohibited; deliveries by retailer for sale or resale off licensed premises

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any
			 retailer may sell and deliver alcoholic liquor to a club, drinking
			 establishment, public venue, or caterer if all of the following conditions are
			 met:
(1) All deliveries of alcoholic liquor
			 are made to the licensed premises of a club, public venue, or drinking
			 establishment and to the principal place of business of a caterer.
(2) All deliveries are made by an employee of
			 the retailer.
(3) The retailer
			 provides a sales slip or numbered invoice, purchase order, or sales ticket for
			 each item delivered as required by K.A.R. 14-13-10.
(4) The retailer receives payment for all
			 deliveries before or at the time of the deliveries.
(5) The retailer has first obtained a federal
			 wholesale basic permit and displays a sign on the licensed premises stating
			 that the retailer is a "Wholesale Liquor Dealer Under Federal Law."
(6) All deliveries of alcoholic liquor are
			 made on those days and during those hours that a retailer may sell alcoholic
			 liquor pursuant to
			 K.S.A.
			 41-712, and amendments thereto.
(7) All deliveries originate from the
			 licensed premises of the retailer.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 13 - RETAIL LIQUOR DEALER › Section 14-13-10 - Records of purchases and sales; retention of records; reports

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each retailer
			 purchasing alcoholic liquor from a licensed distributor shall obtain a numbered
			 invoice, purchase order, or sales ticket that contains the following
			 information:
(1) The date of
			 purchase;
(2) the name, address,
			 and license number of the retailer;
(3) the name, address, and license number of
			 the distributor;
(4) the name of
			 the individual making the purchase for the retailer;
(5) the brand, size, and amount of each brand
			 purchased;
(6) the unit cost and
			 total price for each brand and size; and
(7) the subtotal of the cost of the alcoholic
			 liquor purchased and the total cost of the order including delivery charge, if
			 any.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 13 - RETAIL LIQUOR DEALER › Section 14-13-12 - Defective liquor containers; repurchase by retailer

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No retailer shall knowingly sell any
			 liquor containers that leak, contain foreign matter in the bottle, are
			 short-filled, have broken federal seals, have badly soiled or stained labels,
			 or are otherwise not fit for resale to the general public.
(b) Any retailer may perform the following:
(1) Buy back from a customer any item of
			 alcoholic liquor when required by the distributor to do so;
(2) buy back any item of alcoholic liquor
			 from a club, drinking establishment, or caterer for which the club, drinking
			 establishment, or caterer has obtained the approval of the director to close
			 out;
(3) buy back or exchange,
			 within 24 hours of delivery, any item of alcoholic liquor that is damaged, as
			 described in subsection (a); and
(4) buy back, with written permission from
			 the director and within three business days after the end of an event conducted
			 under a temporary permit issued under
			 K.S.A.
			 41-2645 and amendments thereto, any beer sold
			 to the holder of the temporary permit.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 13 - RETAIL LIQUOR DEALER › Section 14-13-14 - Management of retail liquor store by any person or entity other than the owner or owners

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Performance of
			 management or operational services" shall mean the exercise of independent
			 control by any person or entity, other than the owner or owners of a retail
			 liquor store, over any of the following activities:
(1) Hiring, firing, or supervising the
			 store's employees;
(2) determining
			 the amount or type of inventory to be ordered or maintained by the store,
			 ordering inventory for the store, or coordinating deliveries of inventory to
			 the store;
(3) determining the
			 advertising, marketing, or promotional programs that are enlisted, offered, or
			 utilized by the store;
(4)
			 negotiating, entering into, or executing contracts to which the store is a
			 party;
(5) paying for or
			 authorizing payment for services provided to or purchases made by the store; or
(6) performing any other task
			 essential to the operation of or the ability to operate the store.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 13 - RETAIL LIQUOR DEALER › Section 14-13-15 - "Doing business as" names

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each applicant for a retailer's license
			 shall include in the license application the "doing business as" (d/b/a) name
			 by which the applicant wishes to operate the store for which licensure is
			 sought.
(b) An application with a
			 d/b/a name that suggests to the public that multiple stores are part of a chain
			 or are owned or operated by a corporation shall not be approved by the
			 director.
(c) Each retailer shall
			 post its d/b/a name within the store or on the exterior of the store.
(d) Each retailer wishing to change its
			 approved d/b/a name shall submit, on a form prescribed by the director, a
			 request for approval to change its d/b/a name. The request shall contain all of
			 the following:
(1) The retailer's name and
			 license number;
(2) the retailer's
			 current d/b/a name; and
(3) the
			 retailer's requested new d/b/a name.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 13 - RETAIL LIQUOR DEALER › Section 14-13-16 - Tasting events; requirements; prohibitions

Current through Register Vol. 43, No. 28, July 11, 2024
Any retailer may provide free samples of alcoholic liquor
				offered for sale by the retailer to members of the general public on the
				retailer's licensed premises and at adjacent premises as approved by the
				director.
(a) No retailer shall
			 receive payment from any person, either directly or indirectly, to conduct a
			 tasting event.
(b)
(1) Each container of alcoholic liquor to be
			 sampled shall be removed from the retailer's inventory.
(2) The retailer shall clearly mark each
			 container of alcoholic liquor removed from inventory for sampling as reserved
			 for samples only. The marking shall not obscure the label of the alcoholic
			 liquor container.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 13 - RETAIL LIQUOR DEALER › Section 14-13-17 - Tasting events; supplier participation; requirements; prohibitions

Current through Register Vol. 43, No. 28, July 11, 2024
Any supplier may participate in a retail tasting event through
				the supplier's employee or agent. For the purpose of this regulation,
				"supplier" shall mean any person holding a permit issued pursuant to
				K.S.A.
				41-331, and amendments thereto.
(a) A supplier's "agent" may include a third
			 party contracted for the purpose of conducting the tasting. This term shall not
			 include a licensed distributor or any agent, employee, or representative of a
			 licensed distributor.
(b) For the
			 purpose of participation in tasting events, each licensed distributor who also
			 possesses a Kansas supplier permit shall be limited to providing educational
			 information about the product or products being sampled. A distributor or its
			 agent or employee shall not participate in any other manner in a tasting
			 event.
(c) The supplier shall
			 purchase alcoholic liquor to be sampled at a tasting event from the retailer.
			 For each purchase under this regulation, the retailer shall provide the
			 supplier with a numbered invoice or sales slip that contains the following
			 information:
(1) The date of
			 purchase;
(2) the name and license
			 number of the retailer;
(3) the
			 name and Kansas permit number of the supplier;
(4) the brand, size, and quantity of all
			 alcoholic liquor purchased; and
(5)
			 the subtotal of the cost of the alcoholic liquor and the total cost of the
			 purchase, including enforcement tax.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 13 - RETAIL LIQUOR DEALER › Section 14-13-18 - Change of ownership; notice to director

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each retailer intending to transfer
			 ownership in its business association shall report this intent to the director
			 at least 20 days before the intended transfer of ownership if the transfer
			 would result in any person holding a beneficial interest greater than five
			 percent in the business association that is subject to the license.
(b) Each retailer shall notify the director
			 within 10 days after each transfer of ownership specified in subsection
			 (a).
(c) The retailer shall submit
			 the notifications required by subsections (a) and (b) on forms prescribed by
			 the director and shall include all information necessary to determine the
			 continued eligibility of the retailer under
			 K.S.A.
			 41-311, and amendments thereto.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 14 - MANUFACTURERS; DISTRIBUTORS; NONBEVERAGE USERS; FARM WINERIES; MICROBREWERIES › Section 14-14-2 - Application for manufacturer's, distributor's, nonbeverage user's, farm winery and microbrewery license; contents, conditions and restrictions on issuance of license

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An annual
			 license shall be issued to each applicant determined by the director to have
			 satisfied the requirements of the liquor control act and this article of these
			 regulations.
(b) Each application
			 for a license shall be made upon forms prepared by the director and shall
			 contain all information the director deems necessary. Any application which
			 does not contain the required information may be returned to the applicant
			 without the application being considered on its merits.
(c) Each applicant shall provide a
			 description of the licensed premises. The description shall state the location
			 of the licensed premises, the approximate dimensions of the licensed premises
			 and shall include enough detail to identify the licensed premises. Each
			 application for a distributor's license shall include a description of any
			 warehouse situated on and constituting a part of the licensed premises.
(1) Subject to the prior approval of the
			 director, the distributor's licensed premises may include:
(A) More than one structure if no more than
			 400 meters separate any two structures sought to be licensed by the
			 distributor; or
(B) a temporary
			 storage area used exclusively for storage of alcoholic liquor by the
			 distributor which may be more than 100 meters from any other part of the
			 licensed premises.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 14 - MANUFACTURERS; DISTRIBUTORS; NONBEVERAGE USERS; FARM WINERIES; MICROBREWERIES › Section 14-14-3 - Application for renewal of license, short method

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any licensee
			 making application for the renewal of an existing license may file a certified
			 statement that the information contained in the licensee's most recent complete
			 application has not changed except for those items specifically identified by
			 the licensee as having changed. In addition to this certified statement, the
			 licensee shall provide the following items with each renewal application:
(1) A certified statement that the renewal
			 applicant is still qualified to obtain a license under the requirements of
			 K.A.R. 14-14-2;
(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) the bond or bonds required of the
			 licensee by the liquor control act.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 14 - MANUFACTURERS; DISTRIBUTORS; NONBEVERAGE USERS; FARM WINERIES; MICROBREWERIES › Section 14-14-4 - Corporate licensees, change of ownership updating application, certification that new owner qualified

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each transfer
			 of the stock of a corporation holding a manufacturer's license which results in
			 any person holding 25 percent of the outstanding stock of the corporation shall
			 be reported to the director. Within 20 days of the transfer of stock to that
			 person, the corporation shall file with the director:
(1) A supplement to its current application
			 reflecting the change; and
(2) a
			 sworn statement that the person obtaining 25 percent or more of the outstanding
			 shares is qualified under the liquor control act to hold a manufacturer's
			 license.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 14 - MANUFACTURERS; DISTRIBUTORS; NONBEVERAGE USERS; FARM WINERIES; MICROBREWERIES › Section 14-14-5 - Franchises

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Definitions. As
			 used in this regulation, the following terms shall have the meanings ascribed
			 to them:
(1) "Sale or distribution" includes
			 the act of leasing, renting or consigning.
(2) "Goods" means any personal property, real
			 property, or any combination thereof.
(3) "Other property" means a franchise,
			 license, distributorship or other similar right, privilege or interest.
(4) "Franchise" means a written
			 arrangement in which a supplier grants to a distributor a license to use a
			 trade name, trademark, service mark, or related characteristic, and in which
			 there is a community of interest in the marketing of goods or services at
			 wholesale, retail, by lease, agreement or otherwise, including a commercial
			 relationship subject to termination pursuant to K.S.A. 1989 Supp.
			 41-410. The arrangement grants the
			 distributor the right to offer, sell and distribute within this state or any
			 designated area, the supplier's brands of alcoholic liquors, cereal malt
			 beverages, non-alcoholic malt beverages or all of them as may be specified.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 14 - MANUFACTURERS; DISTRIBUTORS; NONBEVERAGE USERS; FARM WINERIES; MICROBREWERIES › Section 14-14-6a - Withdrawal of inventory from the warehouse for sampling

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any distributor
			 may withdraw alcoholic liquor and cereal malt beverage inventory from the
			 distributor's warehouse to provide educational opportunities to any of the
			 following types of licensees in the course of business or at industry seminars:
(1) Retail liquor stores;
(2) clubs;
(3) drinking establishments;
(4) caterers; or
(5) hotel drinking establishments.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 14 - MANUFACTURERS; DISTRIBUTORS; NONBEVERAGE USERS; FARM WINERIES; MICROBREWERIES › Section 14-14-7 - Sales and transfers of alcoholic liquor by distributors authorized, export permits

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A distributor
			 may sell any alcoholic liquor pursuant to the issued license to the licensed
			 premise of:
(1) A distributor;
(2) a retailer; or to
(3) a military installation.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 14 - MANUFACTURERS; DISTRIBUTORS; NONBEVERAGE USERS; FARM WINERIES; MICROBREWERIES › Section 14-14-8 - Distributor's records required, reports required, filing of affidavits

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 distributor, before selling or offering to sell any alcoholic liquor to any
			 licensed retailer, club, drinking establishment, or caterer, shall file with
			 the director a written statement sworn to under oath by the distributor, or in
			 case of a corporation, one of its principal officers. In the statement, the
			 distributor shall agree:
(1) It will sell any
			 of the brands or kinds of alcoholic liquor for which it possesses a franchise
			 to any retailer in the geographical territory serviced under the terms of the
			 franchise without discrimination;
(2) that all sales will be made to each
			 retailer in the territory at the same current price; and
(3) for all spirits and wines sold in the
			 state, to file a price list of current prices offered to all retailers, clubs,
			 drinking establishments or caterers with the director.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 14 - MANUFACTURERS; DISTRIBUTORS; NONBEVERAGE USERS; FARM WINERIES; MICROBREWERIES › Section 14-14-9 - Nonbeverage user licensees records required

Current through Register Vol. 43, No. 28, July 11, 2024
Each nonbeverage user shall keep records of all alcoholic
				liquor purchased by the nonbeverage user's business. The records shall contain
				the name, address and license number of the licensee from whom it purchased any
				alcoholic liquor and any other information the director may require. All
				records of each nonbeverage user shall be maintained for three years and shall
				be available for inspection by the director or any agent or employee of the
				director or secretary upon request. This regulation shall take effect on or
				after October 1, 1988.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 14 - MANUFACTURERS; DISTRIBUTORS; NONBEVERAGE USERS; FARM WINERIES; MICROBREWERIES › Section 14-14-10 - Manufacturer's records required, reports required, filing of affidavits

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each supplier
			 shipping alcoholic liquor into the state of Kansas shall furnish the director
			 with an invoice, or other commercial document or form approved by the director,
			 covering each consignment of alcoholic liquor made into this state. The invoice
			 document or form shall be mailed at the time the shipment leaves the
			 manufacturer's warehouse. The invoice, copy of the commercial document or form
			 shall also be mailed to the consignee at the time of shipment.
(b) Each supplier of alcoholic liquor shall
			 keep records of all alcoholic liquor or wine sold by the licensee to a
			 nonbeverage user. The records shall show the quantities of alcoholic liquor and
			 wine sold to any nonbeverage user, the name, address, and license number of the
			 nonbeverage user and any other information the director may require. All
			 records of each supplier shall be maintained for three years and shall be
			 available for inspection by the director or any agent or employee of the
			 director or secretary upon request.
(c) Each supplier, before selling or offering
			 to sell any alcoholic liquor to a distributor, shall file with the director a
			 written statement sworn to under oath by the supplier, or in the case of a
			 corporation, by one of its principal officers. In the statement, the supplier
			 shall agree:
(1) To sell any of the brands or
			 kinds of alcoholic liquor manufactured or distributed by it to each distributor
			 with which it has a franchise without discrimination;
(2) that all sales will be made to each
			 distributor in this state with which it has a franchise at the same current
			 price; and
(3) for all spirits and
			 wines sold in the state, to file with the director the price list of current
			 prices offered to each distributor in this state with which it has a franchise
			 agreement.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 14 - MANUFACTURERS; DISTRIBUTORS; NONBEVERAGE USERS; FARM WINERIES; MICROBREWERIES › Section 14-14-13 - Permit to import small quantities of wine

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A permit to
			 import into this state small quantities of wines to be used for bona fide
			 educational and scientific tasting programs may be issued by the director to
			 the Kansas state fair or any bona fide group of grape growers or wine makers.
			 Each organization shall apply for the permit not less than 45 days before the
			 tasting program is to be held. Wines imported in accordance with this permit
			 shall not be resold.
(b) Each
			 request for a permit shall include the following information:
(1) The date and time of the tasting program;
(2) the exact location where the
			 tasting program will be held;
(3)
			 the brand, type and quantity of wine to be imported; and
(4) a statement that any wine samples offered
			 will be consumed on the premises and in accordance with the provisions of
			 Kansas law.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 14 - MANUFACTURERS; DISTRIBUTORS; NONBEVERAGE USERS; FARM WINERIES; MICROBREWERIES › Section 14-14-14 - Transportation of alcoholic liquor and cereal malt beverage by distributors

Current through Register Vol. 43, No. 28, July 11, 2024
Alcoholic liquor and cereal malt beverage purchased from and
				delivered by a distributor shall be delivered to the premises licensed to
				receive such purchase.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 15 - BEER AND CEREAL MALT BEVERAGE KEG REGISTRATION › Section 14-15-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in this article of regulations, the following words and
				phrases shall have the meanings ascribed to them in this regulation:
(a) "Beer" means any beverage that contains
			 more than 3.2 percent alcohol by weight and is obtained by alcoholic
			 fermentation of an infusion or concoction of barley or other grain, malt, and
			 hops in water. This term shall include beer, ale, stout, lager beer, porter,
			 and similar beverages containing more than 3.2 percent alcohol by weight.
(b) "Cereal malt beverage" means
			 any fermented but undistilled liquor brewed or made from malt or from a mixture
			 of malt or malt substitute. This term shall not include any liquor that is more
			 than 3.2 percent alcohol by weight.
(c) "Director" means the director of the
			 division of alcoholic beverage control of the department of revenue.
(d) "Licensee" means any of the following:
(1) Any person or entity licensed to sell
			 alcoholic liquor at retail pursuant to
			 K.S.A.
			 41-308, and amendments thereto;
(2) any person or entity licensed to
			 manufacture, store, and sell domestic beer pursuant to
			 K.S.A.
			 41-308b, and amendments thereto; or
(3) any person or entity licensed
			 to sell cereal malt beverages pursuant to
			 K.S.A.
			 41-2703, and amendments thereto.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 15 - BEER AND CEREAL MALT BEVERAGE KEG REGISTRATION › Section 14-15-2 - Requirement to affix keg registration tags to certain containers of beer and cereal malt beverage; applicability and instructions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 provided in subsection (b), each licensee selling beer or cereal malt beverages
			 to consumers for consumption off the licensed premises shall affix a keg
			 registration tag to each keg or container having a liquid capacity of four or
			 more gallons, regardless of whether the keg or container is disposable or can
			 be reused.
(b) Kegs or containers
			 having a liquid capacity of four or more gallons that licensees sell to clubs,
			 drinking establishments, hotel drinking establishments, and caterers shall not
			 be required to be registered.
(c)
			 Each licensee shall obtain keg registration tags by submitting a keg tag order
			 form to the director. Keg registration tags shall be free of charge.
(d) Each licensee shall complete a keg
			 registration form for each keg or container to which a keg registration tag is
			 required to be affixed. Each keg registration form shall include the following:
(1) The date of purchase;
(2) the name of the licensee selling the keg
			 or container;
(3) the purchaser's
			 name;
(4) the purchaser's date of
			 birth;
(5) the purchaser's
			 residential street address, city, and state;
(6) the identifying number on the purchaser's
			 driver's license, Kansas nondriver's identification card, or other official
			 identification bearing the purchaser's photograph and signature;
(7) the purchaser's signature; and
(8) the smaller perforated portion of the keg
			 registration tag, which bears the keg registration tag number that corresponds
			 to the number on the keg registration tag affixed to the keg or container.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 16 - LICENSES; SUSPENSION AND REVOCATION › Section 14-16-14 - 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) "Involuntary cancellation" means
			 permanent, involuntary termination of any license by the director pursuant to
			 procedures stated in K.A.R. 14-16-15. There shall be no refund for that portion
			 of the license fees paid during any period in which the license was not in use.
			 The licensee, upon showing good cause for renewal or reinstatement of license,
			 may apply for a new license pursuant to the statutory and regulatory
			 requirements for licensing.
(b)
			 "Revocation" means permanent, involuntary termination of any license by the
			 director pursuant to the procedures stated in K.A.R. 14-16-15. There shall be
			 no refund for that portion of the license fees paid during any period in which
			 the license was not in use. The licensee and the licensed premises shall be
			 ineligible for a new license.
(c)
			 "Suspension" means temporary, involuntary termination of any license by the
			 director pursuant to the procedures stated in K.A.R. 14-16-15. There shall be
			 no refund for that portion of the license fees paid during any period in which
			 the license was not in use. The suspension may be set aside by the director
			 when the licensee has shown good cause and is in compliance with statutory and
			 regulatory requirements.
(d)
			 "Voluntary cancellation" means permanent, voluntary termination of a license
			 upon the request of the licensee. The director shall refund that portion of the
			 license fees paid for any period in which the license was not in use. The
			 licensee may make a new application for a license pursuant to the statutory and
			 regulatory requirements for licensing.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 16 - LICENSES; SUSPENSION AND REVOCATION › Section 14-16-15 - Director may revoke, suspend or involuntarily cancel licenses for violations of act or regulations; citation to licensees; hearing

Current through Register Vol. 43, No. 28, July 11, 2024
If after citation and hearing the director finds that any
				licensee is violating or has violated any relevant provision of the liquor
				control act, the club and drinking establishment act, the provisions of
				K.S.A.
				41-2701 et seq. or regulations adopted
				pursuant to the authority granted in any of those statutes, the licensee's
				license may be suspended, revoked or involuntarily canceled. In addition to
				suspension, revocation or cancellation of a license, the licensee may be fined
				by the director.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 16 - LICENSES; SUSPENSION AND REVOCATION › Section 14-16-16 - Proceedings for involuntary cancellation, suspension or revocation of licenses; notice to licensee of time and place of hearing; right of licensee to appear at hearing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All proceedings
			 and hearings for the involuntary cancellation, suspension or revocation of
			 licenses shall be before the director or the director's designee upon a
			 citation issued by the director. The citation shall be in writing and shall
			 state the charges or complaints the licensee is called upon to answer.
(b) The citation shall be served
			 upon the licensee as provided by K.A.R. 14-16-21.
(c) The citations shall state the date, time
			 and place where the proceeding and hearing will be held. The date of the
			 hearing shall not be less than 10 days from the date of the mailing or service
			 of the citation.
(d) The licensee
			 may appear in person and by counsel at the hearing and produce witnesses and
			 evidence that the licensee deems necessary or advisable.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 16 - LICENSES; SUSPENSION AND REVOCATION › Section 14-16-17 - Hearing procedures; prehearing motions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Upon receipt of
			 a citation and notice of hearing pursuant to K.A.R. 14-16-16, any licensee or
			 licensee's counsel may file with the director any prehearing motion authorized
			 to be filed with the Kansas courts in actions pursuant to Chapter 61 of the
			 Kansas Statutes Annotated.
(b)
			 Motions shall be made within the following times:
(1) A motion by the licensee shall be filed
			 within 10 days of receipt of the citation.
(2) Response to any motion of the licensee
			 shall be filed by the agency within 10 days of receipt of a motion.
(3) The motion shall be acted on at least
			 five days prior to the hearing on the citation.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 16 - LICENSES; SUSPENSION AND REVOCATION › Section 14-16-18 - Prehearing conference; availability; notice

Current through Register Vol. 43, No. 28, July 11, 2024
A prehearing conference may be conducted by the director or the
				director's designee for the purpose of expediting the administrative
				proceeding. Such a prehearing conference may be conducted by telephone or other
				electronic means with each party having the opportunity to participate therein.
				Notice of the time, place and electronic means of conducting any prehearing
				conference shall be given by the director to all concerned parties. If a
				prehearing conference is not held, the director or the director's designee may
				issue a prehearing order based on the pleadings to regulate the conduct of the
				proceedings.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 16 - LICENSES; SUSPENSION AND REVOCATION › Section 14-16-19 - Hearing procedures

Current through Register Vol. 43, No. 28, July 11, 2024
The following procedures shall be used at all hearings before
				the director or the director's designee:
(a) The burden of proving all elements of any
			 alleged offenses shall be upon the agency.
(b) The order for the hearing shall be:
(1) Reading of the citation into the record;
(2) announcement of appearances;
(3) response of licensee to
			 allegations;
(4) presentation of
			 evidence by the agency;
(5)
			 presentation of evidence by the licensee;
(6) rebuttal evidence of the agency;
(7) surrebuttal evidence by the
			 licensee; and
(8) closing
			 arguments for both sides.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 16 - LICENSES; SUSPENSION AND REVOCATION › Section 14-16-21 - Service of orders, decisions, directives and notices of director regarding licensees and applicants for licenses; refusal to accept service

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All citations,
			 orders, decisions, directives and notices of the director or secretary of
			 revenue issued to or affecting a licensee or an applicant for a license shall
			 be served upon the licensee or applicant by mailing, by certified mail properly
			 addressed, to the licensee or applicant, a copy of the document signed by the
			 director or the director's designee. If the service is to be made on a
			 licensee, the document shall be mailed to the licensee at the address of the
			 licensed premises. If the service is to be made on an applicant for a license,
			 the document shall be mailed to the applicant at the address shown on the
			 applicant for the license. No licensee shall refuse to accept or to sign for
			 certified mail from the alcoholic beverage control division.
(b) In lieu of the mailing required by
			 subsection (a), any citation or notice may be served upon the licensee or
			 applicant:
(1) by the director;
(2) by any agent or employee of the director;
			 or
(3) by the sheriff of the
			 county in which the licensed premises are located in the manner provided by the
			 code of civil procedure for the service of summons in civil actions, except for
			 the provisions allowing service by first class mail.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 16 - LICENSES; SUSPENSION AND REVOCATION › Section 14-16-22 - Operation of business while license is involuntarily canceled, suspended or revoked, forbidden; when order of involuntary cancellation, suspension or revocation is effective

Current through Register Vol. 43, No. 28, July 11, 2024
Any person whose license has been involuntarily canceled,
				suspended or revoked shall not operate under such license during the period of
				involuntary cancellation, suspension or revocation, except as provided by these
				regulations.
Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 16 - LICENSES; SUSPENSION AND REVOCATION › Section 14-16-25 - Imposition of penalties for violations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The director may revoke or suspend the
			 license of any licensee for any violation of the liquor control act, the club
			 and drinking establishment act, or any implementing regulation.
(b) In addition to or in lieu of any other
			 civil or criminal penalty for any violation of the liquor control act, the club
			 and drinking establishment act, or any implementing regulation, the director
			 may order a civil fine not exceeding $1,000 per violation.
(c) The director may order a penalty based
			 upon the schedule specified in subsection (d). Penalties may vary from the
			 schedule based on the presence of aggravating or mitigating
			 circumstances.
(d) The department's
			 "liquor fine and penalty schedule," dated July 16, 2012, is hereby adopted by
			 reference.