Kansas Administrative Code

Prohibited conduct of retailer. (a) A retailer shall not permit gambling or the pos- session of any gambling or gaming device on the licensed premises. However, any retailer may sell, operate, possess, and offer to the public lottery tickets permitted by the Kansas lottery act if…

Management of retail liquor store by any person or entity other than the owner or owners. (a) “Performance of man- agement 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, ove…

“Doing business as” names. (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 op- erate the store for which licensure is sought. (b) An application with a d/b/a name that sug- …

Tasting events; requirements; prohibitions. Any retailer may provide free sam- ples of alcoholic liquor offered for sale by the re- tailer to members of the general public on the re- tailer’s licensed premises and at adjacent premises as approved by the director. (a) No retailer …

Tasting events; supplier par- ticipation; requirements; prohibitions. 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. 4…

Change of ownership; notice to director.(a)Eachretailerintendingtotransfer 642 DEPARTMENT OF REVENUE—DIVISION OF ABC 14-14-1 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 w…

Application for retail liquor li- cense; requirements, conditions, and restric- tions on issuance of license. (a) A retailer’s license shall be issued by the director to each ap- plicant who is determined by the director to have met the requirements of the liquor control act. (b)…

(Authorized by K.S.A. 41-210 as amended by L. 1987, Ch. 182, Sec. 10; imple- menting K.S.A. 41-211, 41-318, 41-327; effective May 1, 1988; revoked Feb. 22, 2013.)

Local occupation or license tax; display requirement. (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 …

Retailers; employees; roster; re- sponsibility for conduct. (a) Each retailer shall be responsible for the conduct of the retailer’s business and shall be directly responsible for vi- olations of the liquor control act or these regula- tions by any employee engaged in and acting …

Change of location of business. (a) Any retailer may change the location of the li- censed 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…

Licenses, loss or destruction of; duplicate license. (a) Whenever any license is- sued 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 di- rector for a duplicate license. (b) The appli…

Transfer of retailer’s stock of alcoholic liquor; application for permission; seizure and sale of abandoned alcoholic li- quor. (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 retaile…

Transactions prohibited; deliv- eries by retailer for sale or resale off licensed premises. (a) Any retailer may sell and deliver al- 636 DEPARTMENT OF REVENUE—DIVISION OF ABC 14-13-10 coholic liquor to a club, drinking establishment, public venue, or caterer if all of the follow…

Definitions. As used in this ar- ticle 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 s…

Manufacturer’s records re- quired, reports required, filing of affidavits. (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 con- signment o…

Prohibited conduct of licens- ees. (a) No manufacturer of alcoholic liquor or cereal malt beverage holding a manufacturer’s license issued by the director, manufacturer of alcoholic liquor or cereal malt beverage outside of this state manufacturing alcoholic liquor or ce- real ma…

(Authorized by K.S.A. 1987 Supp. 41-210; implementing K.S.A. 1987 Supp. 41-402, 41-408, 41-701, 41-709, K.S.A. 41-211, 41-405, 41-708, 41-712; effective, T-89-2, Jan. 7, 1988; ef- fective Oct. 1, 1988; revoked May 27, 2005.)

Permit to import small quanti- ties of wine. (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 win…

Transportation of alcoholic liquor and cereal malt beverage by distrib- utors. Alcoholic liquor and cereal malt beverage purchased from and delivered by a distributor shall be delivered to the premises licensed to re- ceive such purchase. (Authorized by K.S.A. 1989 Supp. 41-210; …

Application for manufacturer’s, distributor’s, nonbeverage user’s, farm win- ery and microbrewery license; contents, conditions and restrictions on issuance of license. (a) An annual license shall be issued to each applicant determined by the director to have satisfied the requir…

Application for renewal of li- cense, short method. (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 s…

Corporate licensees, change of ownership updating application, certification that new owner qualified. (a) Each transfer of the stock of a corporation holding a manufactur- er’s license which results in any person holding 25 percent of the outstanding stock of the corpora- tion s…

Franchises. (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…

(Authorized by K.S.A. 1987 Supp. 41-210; implementing K.S.A. 1987 Supp. 41-714; effective, T-89-2, Jan. 7, 1988; effective Oct. 1, 1988; revoked Jan. 3, 2003.)

Withdrawal of inventory from the warehouse for sampling. (a) Any distribu- tor may withdraw alcoholic liquor and cereal malt beverage inventory from the distributor’s ware- house to provide educational opportunities to any of the following types of licensees in the course of busi…

Sales and transfers of alcohol- ic liquor by distributors authorized, export permits. (a) A distributor may sell any alcohol- ic liquor pursuant to the issued license to the li- censed premise of: (1) A distributor; (2) a retailer; or to (3) a military installation. (b) A distrib…

Distributor’s records required, reports required, filing of affidavits. (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 unde…

Nonbeverage user licensees re- cords required. 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 num- ber of the licensee from whom it purchased any alcoholic liqu…

Definitions. 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 in…

Requirement to affix keg reg- istration tags to certain containers of beer and cereal malt beverage; applicability and instructions. (a) Except as provided in subsec- tion (b), each licensee selling beer or cereal malt beverages to consumers for consumption off the licensed premi…

(Authorized by K.S.A. 41-210, 41- 320, 41-702, 41-709, 41-209, 41-211, 41-328; effec- tiveJan.1,1966;amended,E-80-28,Dec.12,1979; amended May 1, 1980; revoked May 1, 1988.)

(Authorized by K.S.A. 1985 Supp. 41-210, K.S.A. 1985 Supp. 41-211, as amended by L. 1986, Ch. 185, Sec. 4; implementing K.S.A. 1985 Supp. 41-320; effective May 1, 1987; re- voked May 1, 1988.)

(Authorized by K.S.A. 1985 Supp. 41-211, as amended by L. 1986, Ch. 185, Sec. 4; implementing K.S.A. 1985 Supp. 41-320; effec- tive May 1, 1987; revoked May 1, 1988.)

(Authorized by K.S.A. 1985 Supp. 41-210, K.S.A. 1985 Supp. 41-211, as amended by L. 1986, Ch. 185, Sec. 4; implementing K.S.A. 1985 Supp. 41-320; effective May 1, 1987; re- voked May 1, 1988.)

Definitions. As used in this arti- cle of these regulations, unless the context clear- ly requires otherwise, the following words and phrases shall have the meanings ascribed to them in this regulation: (a) “Involuntary cancellation” means perma- nent, involuntary termination of …

There shall be no refund for that por- tion 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 rein- statement of license, may apply for a new license pursuant to the statutory and regulatory requir…

Proceedings for involuntary cancellation, suspension or revocation of li- censes; notice to licensee of time and place of hearing; right of licensee to appear at hearing. (a) All proceedings and hearings for the involuntary cancellation, suspension or revo- cation of licenses sha…

Hearing procedures; prehear- ing motions. (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 Cha…

Prehearing conference; avail- ability; notice. A prehearing conference may be conducted by the director or the director’s des- ignee for the purpose of expediting the adminis- trative proceeding. Such a prehearing conference may be conducted by telephone or other electron- ic mea…

Hearing procedures. The fol- lowing 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 citatio…

(Authorized by K.S.A. 41-211, K.S.A. 1965 Supp. 41-210; effective Jan. 1, 1966; revoked May 1, 1986.)

(Authorized by K.S.A. 1991 Supp. 41-210; implementing K.S.A. 1991 Supp. 41-320; effective May 1, 1988; revoked Aug. 10, 1992.)

Service of orders, decisions, directives and notices of director regarding licensees and applicants for licenses; refusal to accept service. (a) All citations, orders, deci- sions, directives and notices of the director or sec- retary of revenue issued to or affecting a licensee …

Operation of business while li- cense is involuntarily canceled, suspended or revoked, forbidden; when order of involun- tary cancellation, suspension or revocation is effective. Any person whose license has been in- voluntarily canceled, suspended or revoked shall not operate un…

(Authorized by K.S.A. 41-210 as amended by L. 1987, Ch. 182, Sec. 10, 41-2634 as amended by L. 1987, Ch. 182, Sec. 85; imple- menting K.S.A. 41-328 as amended by L. 1987, Ch. 182, Sec. 32, 41-2633a as amended by L. 1987, Ch. 182, Sec. 84; effective May 1, 1988; re- voked Dec. 28,…

(Authorized by K.S.A. 41-203 as amended by L. 1987, Ch. 182, Sec. 5, 41-210 as amended by L. 1987, Ch. 182, Sec. 10, 41-2634 as amended by L. 1987, Ch. 182, Sec. 85; imple- menting K.S.A. 41-321 as amended by L. 1987, Ch. 182, Sec. 29, 41-322 as amended by L. 1987, Ch. 182, Sec. …

Imposition of penalties for vi- olations. (a) The director may revoke or suspend the license of any licensee for any violation of the liquor control act, the club and drinking establish- ment act, or any implementing regulation. (b) In addition to or in lieu of any other civil or…

(Authorized by K.S.A. 41-211, 41- 320, 41-201, 41-210; effective Jan. 1, 1966; re- voked May 1, 1988.)

(Authorized by K.S.A. 41-211, 79- 4104, 41-210; effective Jan. 1, 1966; revoked May 1, 1988.)