Chapter 41, INTOXICATING LIQUORS AND BEVERAGES

41-101. Citation of act. This act may be cited as the "Kansas liquor control act." History: L. 1949, ch. 242, § 1; March 9. Revisor's Note: Prior 41-101 transferred to 16-201. Law Review and Bar Journal References: "Fifteen Years of Home Rule in Kansas Municipalities," Murray E. …

41-102. Definitions. As used in this act, unless the context clearly requires otherwise: (a) "Alcohol" means the product of distillation of any fermented liquid, whether rectified or diluted, whatever its origin, and includes synthetic ethyl alcohol but does not include denatured…

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 …

41-105. Act inapplicable in certain cases. None of the provisions of this act shall apply: (1) To the manufacture of denatured alcohol produced in accordance with acts of congress and regulations promulgated thereunder; (2) to flavoring extracts, syrups, or medicinal, mechanical,…

41-106. Violations of law; copy of citation; notice of reported violation. (a) Any citation issued by an agent of the division of alcoholic beverage control for a violation of the liquor control act, the club and drinking establishment act or the Kansas cereal malt beverage act s…

41-107. Compliance checks or sting operations; notice of compliance. Any licensee who has been the subject of an operation conducted by the division of alcoholic beverage control or any local law enforcement agency to determine compliance with the provisions of laws relating to t…

41-108. Construction of act in case of invalidity of any provision. If any provision of the Kansas liquor control act, or its application to any person or circumstance, is determined by a court to be invalid or unconstitutional, the remaining provisions shall be construed in acco…

41-201. Law enforcement powers of director, agents and employees; attorney, appointment and compensation. (a) The director of alcoholic beverage control and agents and employees of the director designated by the director, with the approval of the secretary of revenue, are hereby …

41-202. Office of director; branch offices. The office of the director of alcoholic beverage control shall be in Topeka, but the director may, with the approval of the secretary of revenue, establish and maintain branch offices at places other than the seat of government. History…

41-203. Alcoholic beverage control board of review; abolished; transfer of authority, property, proceedings. (a) The state alcoholic beverage control board of review is hereby abolished. (b) Whenever the state alcoholic beverage control board of review is referred to or designate…

41-204. Director and employees; qualifications. (a) Any person appointed as director and all employees of the division shall be citizens of the United States and residents of the state of Kansas. (b) No person shall be appointed director or deputy director if such person has been…

41-205. Same; oath of office. The director, deputy director and each person appointed by the director shall take and subscribe an oath to support and enforce the provisions of this act and the constitution of the state of Kansas. History: L. 1949, ch. 242, § 10; L. 1987, ch. 182,…

41-206. Same; conflict of interest. (a) Except as permitted pursuant to subsection (b), neither the director nor any employee in the office of the director shall solicit or accept, directly or indirectly, any gift, gratuity, emolument or employment from any manufacturer, distribu…

41-207. Director; seal; records, certification and admission in evidence. The director may, for authentication of the records, process and proceedings of the director, adopt and keep and use a common seal of which judicial notice shall be taken in all of the courts of the state. …

41-208. Power to regulate alcoholic liquor. (a) Except as specifically provided in the Kansas liquor control act, the power to regulate all phases of the manufacture, distribution, sale, possession, transportation and traffic in alcoholic liquor and the manufacture of beer regard…

41-209. Director; powers and duties. The director shall have the following powers, functions and duties: (a) To receive applications for, and to issue and revoke licenses to manufacturers, distributors, nonbeverage users and retailers in accordance with the provisions of this act…

41-210. Rules and regulations; procedure for adoption; powers of director. (a) The director shall propose such rules and regulations as necessary to carry out the intent and purposes of this act. After the hearing on a proposed rule and regulation has been held as required by law…

41-211. Same; scope. (a) The rules and regulations adopted by the secretary of revenue pursuant to K.S.A. 41-210, and amendments thereto, shall include rules and regulations: (1) Prescribing the nature, form and capacity of all containers used for alcoholic liquors; (2) prescribi…

41-212. Director; beer sales by cereal malt beverage licensee study; oversight of sales; rules and regulations. (a) Following the 10th anniversary of the effective date of this act, the director shall conduct, based on information available to the director, a market impact study …

41-213. Alcoholic beverage control modernization fee; assessment and disposition; alcoholic beverage control modernization fund created. (a) In addition to any initial application or renewal application fee prescribed pursuant to K.S.A. 41-317 and 41-2606, and amendments thereto,…

41-301. Retailer's license, premises within city. (a) Except as provided by subsection (b), the director shall issue to qualified applicants, who have filed the bond and paid the registration and license fees required by this act, licenses to sell at retail alcoholic liquor in th…

41-302. Same; election; licensees' rights. (a) The question of licensing the sale at retail of alcoholic liquor in the original package shall be submitted by the governing body of a city at any regular general city election occurring in such city whenever a petition requesting su…

41-303. Retailer's license, premises outside city. (a) The director may issue to qualified applicants licenses to sell at retail alcoholic liquor in the original package on premises not located in an incorporated city for use or consumption off the premises. No such license shall…

41-304. Classes of licenses. Licenses issued by the director shall be of the following classes: (a) Manufacturer's license; (b) spirits distributor's license; (c) wine distributor's license; (d) beer distributor's license; (e) retailer's license; (f) microbrewery license; (g) mic…

41-305. Manufacturer's license; rights of licensee; samples; other. (a) A manufacturer's license shall allow the manufacture and storage of alcoholic liquor and cereal malt beverage and the sale of alcoholic liquor and cereal malt beverage to distributors and nonbeverage users li…

41-306. Spirits distributor's license; rights of licensee; withdrawal of spirits from inventory for use as samples. A spirits distributor's license, shall allow: (a) The wholesale purchase, importation and storage of spirits, but all such spirits so purchased or imported which ar…

41-306a. Wine distributor's license; rights of licensee; withdrawal of wine from inventory for use as samples. A wine distributor's license shall allow: (a) The wholesale purchase, importation and storage of wine, but all wine so purchased or imported which is manufactured in the…

41-307. Beer distributor's license; rights of licensee; withdrawal of beer from inventory for use as samples. A beer distributor's license shall allow: (a) The wholesale purchase, importation and storage of beer. (b) The sale of beer to: (1) Licensed caterers; (2) beer distributo…

41-308. Retailer's license; rights of licensee. (a) Except as provided in K.S.A. 41-308d, and amendments thereto, a retailer's license shall allow the licensee to sell and offer for sale at retail and deliver in the original package, as therein prescribed, alcoholic liquor and ce…

41-308a. Farm winery license; winery outlet license; rights of licensee; percentage of Kansas products. (a) A farm winery license shall allow: (1) The manufacture of domestic table wine and domestic fortified wine in a quantity not exceeding 100,000 gallons per year and the stora…

41-308b. Microbrewery license; microbrewery packaging and warehousing facility license; rights of licensee; contract brewing agreements; permit to conduct tasting programs; percentage of Kansas products. (a) A microbrewery license shall allow: (1) The manufacture of not less than…

41-308d. Retailer's license; wine, beer and spirits tastings; rules and regulations. (a) Notwithstanding any other provisions of the Kansas liquor control act to the contrary, any person or entity who is licensed to sell alcoholic liquor in the original package at retail may cond…

41-309. Nonbeverage user's license; rights of licensee. A nonbeverage user's license shall allow the licensee to purchase alcohol or wine from a licensed manufacturer or distributor, without the imposition of any tax upon the business of such licensed manufacturer or distributor …

41-310. License fees; term; city or township taxes. (a) At the time application is made to the director for a license of any class, the applicant shall pay the fee provided by this section. (b) The fee for a manufacturer's license to manufacture alcohol and spirits shall be $5,00…

41-311. Persons and entities ineligible for licensure. (a) No license of any kind shall be issued pursuant to the liquor control act to a person: (1) Who is not a citizen of the United States; (2) who has been convicted of a felony under the laws of this state, any other state or…

41-311b. Licensure of nonresidents criminal history record check; fingerprinting; costs. (a) If an applicant for licensure is not a resident of the state of Kansas on the date of submission of such application, the director may require the individual applicant, or if the applican…

41-311c. Licensure qualifications for limited liability company. (a) Notwithstanding any other provision of law, any limited liability company applying for a retailer's license under the Kansas liquor control act shall be required to meet the qualifications for licensure of a cop…

41-313. Licensing of corporations; conditions; appointment of agent to receive service of process; consent to jurisdiction and forum of Kansas courts. (a) No corporation, either organized under the laws of this state, any other state or a foreign country, shall be issued a manufa…

41-315. Retail license; applies only to premises described; removal; procedure. Retail licenses issued hereunder shall apply only to the premises described in the application and in the license issued thereon, and only one location shall be so described in each license. After suc…

41-316. Issuance of licenses. Licenses to manufacturers, distributors, microbreweries, microdistilleries, farm wineries, producers and nonbeverage users of alcoholic liquors shall be issued and renewed by the director to qualified applicants upon written application, receipt of b…

41-317. License applications; forms; fees; bonds. (a) Applications for all licenses under this act shall be completed and submitted to the director in a manner prescribed by the director. Each applicant shall submit an application fee of $30 for each initial application and $10 f…

41-318. Procedure upon application for original retailer's license; notice and hearing; recommendations of city or township. When application for a retailer's license to sell alcoholic liquor in the original package in any city or township as authorized by K.S.A. 41-303, and amen…

41-319. Time limit on grant or denial of license. (a) Except as provided by subsection (b), within 30 days after an application is filed for a retailer's, microbrewery, microdistillery, farm winery license or producer license and within 20 days after an application is filed for a…

41-320. Application of Kansas administrative procedure act to proceedings; hearings; director as presiding officer. (a) The provisions of the Kansas administrative procedure act shall apply to all proceedings involving the following: (1) Denial of an application for any license t…

41-320a. Suspension, involuntary cancellation or revocation of license; grounds. (a) The director may suspend, involuntarily cancel or revoke any license issued pursuant to the Kansas liquor control act if, after notice and an opportunity for a hearing, the director determines th…

41-321. Refusal, suspension, involuntary cancellation or revocation of license; appeal to secretary. (a) Whenever the director denies an application for any license or suspends, involuntarily cancels or revokes any license, the director shall prepare an order so providing which s…

41-322. Same; powers of secretary; subpoenas. For the purpose of hearing or conducting any appeal authorized to be heard by the secretary, the secretary shall have power to examine, or cause to be examined, under oath, any licensee, the director, or other person, and to examine o…

41-323. Same; judicial review of secretary's decision. Any action of the secretary pursuant to K.S.A. 41-321, and amendments thereto, is subject to review in accordance with the Kansas judicial review act. At the time of the filing of the petition for review, the petitioner shall…

41-324. Same; duty of county or district attorney. Upon the request of the director, the county or district attorney of any county where a review is pending in the district court under this act shall appear and defend or assist in defending against such review on behalf of the st…

41-325. Display of licenses. Every licensee shall cause his license to be framed and hung in plain view in a conspicuous place on the licensed premises. History: L. 1949, ch. 242, § 41; March 9.