Kansas Administrative Code

(Authorized by K.S.A. 41-211, K.S.A. 1965 Supp. 41-210; effective Jan. 1, 1966; revoked May 1, 1988.) 614 DEPARTMENT OF REVENUE—DIVISION OF ABC 14-2-6

(Authorized by K.S.A 1985 Supp. 41-211, as amended by L. 1986, Ch. 185, Sec. 4, K.S.A. 1985 Supp. 41-210; implementing K.S.A. 41-703, 41-713; effective Jan. 1, 1966; amended Jan. 1, 1971; amended May 1, 1987; revoked May 1, 1988.)

(Authorized by K.S.A. 41-211, K.S.A. 1965 Supp. 41-210; effective Jan. 1, 1966; revoked May 1, 1988.)

(Authorized by K.S.A. 41-211, 41- 308, K.S.A. 1965 Supp. 41-210; effective Jan. 1, 1966; revoked May 1, 1988.)

(Authorized by K.S.A. 41-211, K.S.A. 1965 Supp. 41-210; effective Jan. 1, 1966; revoked May 1, 1988.)

(Authorized by K.S.A. 1965 Supp. 41-2634; effective Jan. 1, 1966; revoked, T-88-22, July 1, 1987; revoked May 1, 1988.)

(Authorized by K.S.A. 41-2634; implementing K.S.A. 1985 Supp. 41-2601(f); ef- fective May 1, 1987; revoked, T-88-22, July 1, 1987; revoked 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) “Alcoholic liquor” means alcohol, spirits, wine, beer and every liquid or…

Applications and renewals; documents required. Each application for a class B club license shall be made upon forms pre- paredbythedirectorandshallcontainallinforma- tion the director deems necessary. Any application which does not contain the required information may be returned…

Requirements for class B club license. (a) A class B club license shall not be issued to any corporation, partnership, trust or individual if any owner, partner, grantor, trustee, beneficiary, officer, manager, director, stockhold- er owning a beneficial interest in a corporation…

Issuance of license. (a) An an- nual class B club license shall be issued to each applicant who is 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 license may …

Licenses, loss or destruction of; application for and issuance of duplicate. Whenever any license issued by the director is lost ordestroyedbeforeitsexpiration,theclubtowhich thelicensewasissuedmaymakewrittenapplication to the director for a duplicate license. The applica- tion s…

Change of club status. (a) If a licensee desires to change its license from a class B club to a drinking establishment, the licensee shall make application, at least 45 days prior to the desired date of the change, for the type of license sought and shall voluntarily cancel the c…

(Authorized by K.S.A. 1965 Supp. 41-2634; effective Jan. 1, 1966; revoked, T-88-22, July 1, 1987; revoked May 1, 1988.)

Refund upon voluntary can- cellation. If the license of any club is canceled, except through revocation or suspension, the club 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 …

Guests of members; recip- rocal members; registration. (a) A club shall only admit members, guests of members, recip- rocal members or guests of reciprocal members. Admission of any other individual to the licensed premises is prohibited. (b) “Reciprocal member” means an individu…

Roster of members. The licens- ee of each club shall maintain a current roster of members who are entitled to access and use of the licensed premises and the services offered by the club. (Authorized by K.S.A. 41-2634 as amended by L. 1987, Ch. 182, Sec. 85; implementing L. 1987,…

Agreement for reciprocal membership. (a) Any two or more class B clubs may enter into an agreement which allows mem- bers of each club to have access to all other clubs which are parties to the reciprocal agreement. (b) Each club shall submit two copies of the proposed reciprocal…

Restaurant clubs; criteria for determination; gross receipts affidavit; esti- mates. (a) For purposes of reciprocity and mul- tiple ownership of class B clubs, a club shall be deemed to be a restaurant if the ratio of food sales on the licensed premises to total gross receipts fo…

Temporary memberships; granting, records, and billing. (a) (1) Each class B club located on the premises of a “hotel”, or “RV resort”, or each class B club that enters into a contract with a hotel or RV resort to is- sue temporary memberships to that hotel’s or RV resort’s guests…

Employees; registration of same; prohibitions. (a) Each club shall register with the director all employees who will mix, sell, serve or dispense alcoholic liquor. The registra- tion shall be submitted on forms supplied by the director, within five days after the employee be- gin…

Purchase of alcoholic liquor and cereal malt beverages; requirements and restrictions. (a) Each club shall purchase alcoholic liquor only from a retailer. However, any club may purchase bulk wine, beer and cereal malt beverages from a distributor. (b) Any club may receive deliver…

Licensee’s responsibility for conduct of business and employees. Each licensee shall be responsible for the conduct of its business. Each licensee shall be held responsible for all violations of the club and drinking estab- lishment act by the following people while on the licens…

Storage of liquor; removal from club premises.(a)Eachlicenseeshallstore its liquor only on the licensed premises of the club unless the licensee has received prior approval in writing from the director to do otherwise. (b) Any licensee may store wine purchased by a customer only …

(Authorized by K.S.A. 41-2634; ef- fective Jan. 1, 1966; revoked May 1, 1982.)

Nontaxed liquor and refilling of containers prohibited. (a) Alcoholic liquor shall only be dispensed from or stored in original containers bearing Kansas alcoholic liquor identi- fication stamps. A licensed club shall not refill any original container with any alcoholic liquor, o…

Cereal malt beverages; sale al- lowed. (a) Any club may sell cereal malt beverag- es upon the licensed premises if: (1) The club notifies the director when it ob- tains a license for the retail sale of cereal malt beverages; (2) the club notifies the director of each renew- al of…

Minimum prices for drinks; how determined. (a) A licensed private club shall not sell any drink to any person for less than the acquisition cost of that drink to the club. (b) The cost of each of the following items shall be included in the acquisition cost of a drink: (1) All al…

Clubs charge the same price for the same drink all day; day defined. (a) A licensed club shall not sell a drink to any person for less than the price charged for that same drink to all other club patrons on that day. Any particu- lar drink that is offered for sale at any time dur…

Licensee must pay city or coun- ty license tax before making sales. A licensee shall not operate until the licensee has paid any an- nualoccupationorlicensetaximposedbythecityor county in which the licensed premises are located. A licensee shall not sell 3.2 beer without first ha…

Federal retail stamp. Private club licensees 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 on the licensed premises. (Authorized by K.S.A. 41-263…

Excise tax shall be current. Each club that fails to register for an excise tax reg- istration number shall be subject to cancellation of its license or fine by the director. Each club that is delinquent in the payment of its excise taxes levied on alcoholic liquors shall be subj…

Suspension and revocation; grounds for; procedure.Thelicenseofanyclass B club may be revoked, canceled or suspended by the director for any one or more of the following reasons, subject to the procedures and other pro- visions of K.A.R. 14-16-14 et seq.: 678 DEPARTMENT OF REVENUE…

Public functions upon licensed premises; when allowed; approval of direc- tor. (a) A club shall not open any part of its li- censed premises to the public unless it has first received the written approval of the director. All requests for written approval of the director to open …

Display of license. Each class B club shall display its license in a conspicuous place on the licensed premises. (Authorized by K.S.A. 41-2634 as amended by L. 1987, Ch. 182, Sec. 85, implementing K.S.A. 41-2612 as amended by L. 1987, Ch. 182, Sec. 67; effective, T-88-22, July 1,…

(Authorized by K.S.A. 1979 Supp. 41-2632, 41-2639; effective, E-80-28, Dec. 12, 1979; effective May 1, 1980; revoked, T-88-22, July 1, 1987; revoked May 1, 1988.)

Denial, revocation, or suspen- sion of license upon request for hearing by governing body of city or county; request; evidence. (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 …

Extension of premises. (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 ap- proval to extend its licensed premises in writing at least 10 days before the proposed extensio…

Class B clubs; automated de- vices. (a)(1) “Automated device” shall mean any mechanized device capable of dispensing wine directly to a customer in exchange for compensa- tion that a licensee has received directly from the customer. (2) “Business day” shall mean the hours autho- …

(Authorized by K.S.A. 1980 Supp. 41-2634; effective Jan. 1, 1966; amended, E-77- 15, March 19, 1976; amended Feb. 15, 1977; re- voked, E-81-36, Dec. 10, 1980; revoked May 1, 1981.)

(Authorized by K.S.A. 1976 Supp. 41-2634; effective Jan. 1, 1966; amended, E-77- 15, March 19, 1976; amended Feb. 15, 1977; re- voked, E-81-36, Dec. 10, 1980; revoked May 1, 1981.)

(Authorized by K.S.A. 41-2634; im- plementing K.S.A. 41-2601; effective Jan. 1, 1966; amended, E-80-28, Dec. 12, 1979; amended May 1, 1980; amended, E-82-13, June 17, 1981; amended May 1, 1982; amended, T-86-28, Aug. 19, 1985; amended May 1, 1986; revoked, T-88- 22, July 1, 1987;…

(Authorized by K.S.A. 1965 Supp. 41-2634; effective Jan. 1, 1966; revoked, T-88-22, July 1, 1987; revoked May 1, 1988.)

(Authorized by K.S.A. 1976 Supp. 41-2634; effective Jan. 1, 1966; amended, E-77-15, March 19, 1976; amended Feb. 15, 1977; revoked, T-88-22, July 1, 1987; revoked May 1, 1988.)

Definitions. As used in this article of these regulations, unless the context clearly re- quires 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…

Purchase of alcoholic liquor and cereal malt beverages; requirements and restrictions. (a) Each drinking establish- ment shall purchase alcoholic liquor only from a retailer. However, any drinking establishment may buy bulk wine, beer and cereal malt beverag- es from a distributo…

Licensee’s responsibility for conduct of business and employees. Each licensee shall be responsible for the conduct of its business. Each licensee shall be responsible for all violations of the club and drinking establishment act by the following people while on the licensed prem…

Storage of liquor; removal from drinking establishment premises. (a) Each licensee shall store its liquor only on the licensed premises of the drinking establishment unless the licensee has received prior approval in writing from the director to do otherwise. (b) Any licensee may…

Nontaxed liquor and refilling of containers prohibited. (a) Alcoholic liquor shall only be dispensed from or stored in original containers bearing Kansas alcoholic liquor iden- tification stamps. A drinking establishment shall not refill any original container with any alcoholic …

Cereal malt beverages; sale allowed. (a) Any drinking establishment may sell cereal malt beverages upon the licensed premises if: 687 Drinking Establishments 14-21-20 (1) The drinking establishment notifies the di- rector when it obtains a license for the retail sale of cereal ma…