Acts with regard to alcoholic liquor prohibited unless allowed by statute; exceptions

41-104. Acts with regard to alcoholic liquor prohibited unless allowed by statute; exceptions. (a) No person shall manufacture, bottle, blend, sell, barter, transport, deliver, furnish or possess any alcoholic liquor for beverage purposes, except as specifically provided in this act, the club and drinking establishment act or article 27 of chapter 41 of the Kansas Statutes Annotated, and amendments thereto, except that nothing contained in such acts shall prevent: (1) The possession and transportation of alcoholic liquor for the personal use of the possessor, the possessor's family and guests except that the provisions of K.S.A. 41-407, and amendments thereto, shall be applicable to all persons; (2) the making of wine, cider or beer by a person from fruits, vegetables or grains, or the product thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker, the maker's family, guests and judges at a contest or competition of such beverages, provided, the maker receives no compensation for producing such beverages or for allowing the consumption thereof; (3) any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of the medical or dental profession; (4) any hospital or other institution caring for sick and diseased persons, from possessing and using alcoholic liquor for the treatment of bona fide patients of such hospital or institution; (5) any drugstore employing a licensed pharmacist from possessing and using alcoholic liquor in the compounding of prescriptions of duly licensed physicians; (6) the possession and dispensation of wine by an authorized representative of any church for the purpose of conducting any bona fide rite or religious ceremony conducted by such church; (7) the sale of wine to a consumer in this state by a person which holds a valid license authorizing the manufacture of wine in this or another state and the shipment of such wine directly to such consumer, subject to the following: (A) The consumer must be at least 21 years of age; (B) the consumer must purchase the wine while physically present on the premises of the wine manufacturer; (C) the wine must be for the consumer's personal consumption and not for resale; and (D) the consumer shall comply with the provisions of K.S.A. 41-407, and amendments thereto, by payment of all applicable taxes within such time after purchase of the wine as prescribed by rules and regulations adopted by the secretary; (8) the serving of complimentary alcoholic liquor or cereal malt beverages at fund raising activities of charitable organizations as defined by K.S.A. 17-1760, and amendments thereto, and as qualified pursuant to 26 U.S.C. § 501(c) and by committees formed pursuant to K.S.A. 25-4142 et seq., and amendments thereto. The serving of such alcoholic liquor at such fund raising activities shall not constitute a sale pursuant to this act, the club and drinking establishment act or article 27 of chapter 41 of the Kansas Statutes Annotated, and amendments thereto. Any such fund raising activity shall not be required to obtain a license or a temporary permit pursuant to this act, the club and drinking establishment act or article 27 of chapter 41 of the Kansas Statutes Annotated, and amendments thereto; (9) the serving of complimentary alcoholic liquor or cereal malt beverage on the unlicensed premises of a business by the business owner or owner's agent at an event sponsored by a nonprofit organization promoting the arts and which has been approved by ordinance or resolution of the governing body of the city, county or township wherein the event will take place and whereby the director of the alcoholic beverage control has been notified thereof no less than 10 days in advance; or (10) the provision of alcoholic liquor or cereal malt beverage as a prize for a charitable raffle conducted in accordance with K.S.A. 75-5171 et seq., and amendments thereto, except that no such prize shall be provided to any person under 21 years of age. (b) For purposes of subsection (a)(2), the term "guest" means a natural person who is known to the host and receives a personal invitation to an event conducted by the host. The term "guest" does not mean a natural person who receives an invitation to an event conducted by the host when such invitation has been made available to the general public. History: L. 1949, ch. 242, § 4; L. 1978, ch. 186, § 1; L. 1979, ch. 152, § 2; L. 1985, ch. 168, § 2; L. 1987, ch. 182, § 4; L. 2006, ch. 206, § 3; L. 2007, ch. 178, § 3; L. 2013, ch. 130, § 3; L. 2014, ch. 75, § 1; L. 2023, ch. 71, § 2; July 1. Revisor's Note: Prior 41-104 transferred to 16-204. Law Review and Bar Journal References: "Liquor Regulation, Racial Discrimination, and Private Clubs in Kansas," Elizabeth Dyson, 13 K.L.R. 135 (1964). "Wyatt Earp and the Winelist: Is a Restaurant an 'Open Saloon'?" Barkley Clark, 47 J.B.A.K. 63 (1978). "Kansas Denies Religion-Based Defense to Rastafarians on Marijuana Charges [State v. McBride, 955 P.2d 133 (Kan.Ct.App.1998)]," Brendon C. Taylor, 38 W.L.J. 307 (1998). Attorney General's Opinions: National minimum drinking age act; history and intent of language of statute. 86-74. CASE ANNOTATIONS 1. Complaint charging illegal possession before governor's proclamation held good; statutes construed. State v. Sumner, 169 Kan. 516, 517, 519, 520, 219 P.2d 438. 2. Dispensing alcoholic liquors by the drink in exchange for coupons violates section. State v. Larkin, 173 Kan. 112, 113, 119, 123, 244 P.2d 686. 3. Construed with K.S.A. 41-407; possession of untaxed liquor, when. State v. Payne, 183 Kan. 396, 401, 402, 327 P.2d 1071. 4. Intent of act is to tax all alcoholic liquor unless specifically exempted. State v. Payne, 183 Kan. 396, 401, 402, 327 P.2d 1071. 5. Regulation authorizing distributor to bottle and sell under his own label valid. State, ex rel., v. Murphy, 183 Kan. 698, 700, 701, 702, 332 P.2d 533. 6. Cited in upholding constitutionality of K.S.A. 1965 Supp. 41-2601 et seq., the private club act. Tri-State Hotel Co. v. Londerholm, 195 Kan. 748, 757, 408 P.2d 877. 7. "Alcoholic liquor" construed; possession of unstamped liquor unlawful; intent immaterial. State v. Logan, 198 Kan. 211, 212, 213, 214, 215, 424 P.2d 565. 8. Missouri corporate retailer seeking injunction against director of alcoholic beverage control. Cellarmaster Wines of Missouri v. Kennedy, 603 F. Supp. 793, 795, 800 (1985). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026