Chapter 41, INTOXICATING LIQUORS AND BEVERAGES

41-1126. Other state fees fund; use and expenditure of moneys in fund; community alcoholism and intoxication programs fund. (a) In addition to other purposes for which expenditures may be made from the other state fees fund of the Kansas department for aging and disability servic…

41-1127. Sections part of liquor control act. K.S.A. 41-307a, 41-308b, 41-331 through 41-341, 41-728 and 41-729 shall be part of and supplemental to the Kansas liquor control act. History: L. 1987, ch. 182, § 139; April 30.

41-1201. Temporary permits to sell and serve alcoholic liquor and cereal malt beverage; temporary permit fee cap; application requirements; issuance; employment restrictions. (a) A temporary permit shall: (1) Allow the permit holder to offer for sale, sell and serve alcoholic liq…

41-1202. Temporary permit holders; acquisition of alcoholic liquor and cereal malt beverage; conduct within boundary of permitted premises. (a) A temporary permit holder shall only purchase alcoholic liquor or cereal malt beverage from a retailer, a farm winery or a microbrewery,…

41-1203. Dispensing alcoholic liquor and cereal malt beverage; carrying alcoholic liquor and cereal malt beverage onto permitted premises. (a) All alcoholic liquor or cereal malt beverage sold at an event covered by a temporary permit shall be dispensed only from original contain…

41-1204. Providing samples of alcoholic liquor and cereal malt beverage. Notwithstanding any other provisions of the Kansas liquor control act or the club and drinking establishment act to the contrary, any person or entity who is issued a temporary permit may provide samples of …

41-1205. Beer and cereal malt beverage keg registration act not applicable. The provisions of beer and cereal malt beverage keg registration act, K.S.A. 41-2901 through 41-2906, and amendments thereto, shall not apply to retail sales of alcoholic liquor to temporary permit holder…

41-1206. Application of enforcement laws; rules and regulations; definitions. (a) The provisions of K.S.A. 41-1201 through 41-1205, and amendments thereto, shall be subject to the enforcement provisions of the Kansas liquor control act and the club and drinking establishment act …

41-2601. Definitions. As used in the club and drinking establishment act: (a) The following terms mean the same as provided by K.S.A. 41-102, and amendments thereto: (1) "Alcoholic liquor"; (2) "director"; (3) "original package"; (4) "person"; (5) "sale"; and (6) "to sell." (b) "…

41-2604. Allowing consumption of alcoholic liquor or cereal malt beverage in violation of act; penalties. (a) Any person allowing consumption of alcoholic liquor or cereal malt beverage in violation of this act on any property owned, leased or otherwise under such person's contro…

41-2605. Licenses; to whom issued. The director shall issue a license to each applicant for licensure which qualifies under this act. Such license shall be issued in the name of the corporation, municipal corporation, partners, trustees, association officers or individual applyin…

41-2606. Same; application; fees. (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 for each renewal …

41-2607. Club licenses; term; refund of fees, when. (a) The license provided herein shall be issued for a term of two years, renewable on expiration. When the licensee pays the full amount of the license fee upon application and is prevented from operating under such license in a…

41-2608. Club licenses; premises licensed; zoning compliance; zoning exception for a farm winery or a producer licensee who is a registered agritourism operator; temporary extension of premises. (a) Any public venue, club or drinking establishment license issued pursuant to this …

41-2609. Application of Kansas administrative procedure act to proceedings; hearings. (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 to be issued pursuant to the cl…

41-2610. Unlawful acts of licensee; employment restrictions. It shall be unlawful for any licensee or holder of a temporary permit under this act to: (a) Employ any person under the age of 18 years in connection with the serving of alcoholic liquor or cereal malt beverage. (b) Em…

41-2611. Grounds for suspension, involuntary cancellation or revocation of license. The director may suspend, involuntarily cancel or revoke any license issued pursuant to the club and drinking establishment act for any one or more of the following reasons: (a) The licensee has f…

41-2612. Display of license. Every holder of a license for a club or drinking establishment shall cause such license to be framed and hung in plain view in a conspicuous place on the licensed premises. In the case of a railway car, the license shall be posted at its main office w…

41-2613. Immediate entry to and inspection of premises as condition of license or permit; revocation for refusal. The right of immediate entry to and inspection of any premises licensed as a public venue, club or drinking establishment or any premises where alcoholic liquor or ce…

41-2614. Hours of operation. (a) Except as provided by subsection (c), no public venue, club or drinking establishment shall allow the serving, mixing or consumption of alcoholic liquor or cereal malt beverage on its premises between the hours of 2:00 a.m. and 6:00 a.m. on any da…

41-2615. Possession or consumption by minor prohibited. (a) No licensee or permit holder, or any owner, officer or employee thereof, shall knowingly or unknowingly permit the possession or consumption of alcoholic liquor or cereal malt beverage by a minor on premises where alcoho…

41-2619. Search warrant for premises where alcoholic liquor or cereal malt beverage is sold by the drink without license or permit. The existence of any place for which a license or temporary permit has not been issued pursuant to this act and which purports, or is held out to th…

41-2620. Sale of liquor by the drink without license or permit prohibited. (a) No person shall maintain or operate any club or drinking establishment in this state without having in such person's possession for the location of the establishment a valid unexpired and unrevoked lic…

41-2621. Club or drinking establishment license limited to premises specified. A club or drinking establishment license shall allow the licensee to operate a club or drinking establishment only at the premises specified in such license in accordance with the provisions of this ac…

41-2622. License fees; city or county taxes; other state fees fund. (a) At the time application is made to the director for a license pursuant to the club and drinking establishment act, the applicant shall pay the following license fee in the manner provided by K.S.A. 41-2606, a…

41-2623. Persons and entities ineligible for licensure. (a) No license shall be issued under the provisions of this act to: (1) Any person described in K.S.A. 41-311(a)(1), (2), (4), (5), (6), (7), (8), (9), (12), (13) or (15), and amendments thereto, except that the provisions o…

41-2623a. Licensure qualifications for limited liability company. (a) Notwithstanding any other provision of law, any limited liability company applying for a license under the club and drinking establishment act shall be required to meet the qualifications for licensure of a cor…

41-2625. Same; corporations and partnerships. (a) No corporation shall be issued a license as a club, drinking establishment or caterer unless such corporation first appoints a citizen of the United States, and resident of Kansas, as its agent and files with the director a duly a…

41-2626. Violations of act or rules and regulations; revocation or suspension of license. Whenever any licensee under this act has been convicted by any court of a violation of any of the provisions of this act, or the rules and regulations lawfully promulgated thereunder, the di…

41-2627. Club or drinking establishment license; change in premises. The provisions of K.S.A. 41-315, and amendments thereto, relating to retail licenses under the Kansas liquor control act are hereby made applicable to licenses issued under the provisions of this act for clubs a…

41-2628. Time limit for grant or denial of license. The provisions of K.S.A. 41-319, and amendments thereto, relating to applications for retailers' licenses under the Kansas liquor control act shall apply to applications for licenses made under the provisions of this act. Histor…

41-2629. Issuance of licenses; term; assignability; refund of fees, when. (a) A class B club, drinking establishment, public venue or caterer's license shall be issued for a term not to exceed two years commencing on the effective date as specified on the license, except as other…

41-2630. Injunction for violation of act by licensee. The attorney general, the attorney for the director or any county or district attorney, within their county or district, shall at all times have the power to enjoin any person from operating or maintaining a club or drinking e…

41-2631. City ordinance conflicting with act void; ordinance limitations. No city shall enact any ordinance in conflict with or contrary to the provisions of this act and any ordinance of any city in effect at the time this act takes effect or thereafter enacted which is in confl…

41-2632. Influencing purchases by licensees prohibited. (a) As used in this section: (1) "Distributor" means a person, firm, association or corporation that is the holder of an alcoholic liquor distributor's license issued under the Kansas liquor control act; (2) "retailer" means…

41-2633. Violations of act or rules and regulations; criminal penalty. Violation of any provision of the club and drinking establishment act, and amendments thereto, or any rule or regulation adopted thereunder, for which a penalty is not otherwise specifically provided is punish…

41-2633a. Violations of act by licensee or permit holder; civil fine. (a) In addition to or in lieu of any other civil or criminal penalty provided by law, the director, upon a finding that a licensee or temporary permit holder under the club and drinking establishment act has vi…

41-2633b. Administrative orders; civil fines; time limit on orders. (a) Notwithstanding the provisions of either the Kansas administrative procedure act, and amendments thereto, or any rule and regulation adopted pursuant to the club and drinking establishment act, and amendments…

41-2634. Rules and regulations; criteria for class A clubs. (a) The secretary of revenue may adopt rules and regulations for the administration and enforcement of article 26 of chapter 41 of Kansas Statutes Annotated. (b) The secretary of revenue shall adopt rules and regulations…

41-2635. Severability. If any phrase, clause, sentence or section of this act is declared invalid or unconstitutional by any court of competent jurisdiction it shall be conclusively presumed that the legislature would have passed the remainder of the act without the part so held …

41-2636. Sale of class A club license prohibited. (a) No person shall sell or offer for sale any class A club license. (b) This section shall be part of and supplemental to K.S.A. 41-2601 to 41-2635, inclusive, and amendments thereto. History: L. 1978, ch. 186, § 6; July 1.

41-2637. Class A club license; rights of licensee; storing customer wine; samples; events. (a) A license for a class A club shall allow the licensee to: (1) Offer for sale, sell and serve alcoholic liquor or cereal malt beverage for consumption on the licensed premises by members…

41-2639. Sale of club memberships; restrictions. (a) No person shall receive a commission or other compensation for the sale of any membership to a club. (b) No person shall sell or offer for sale any membership to a club except on the licensed premises of such club. (c) This sec…

41-2640. Certain sales practices prohibited; practices permitted for licensees; penalties. (a) No club, drinking establishment, caterer or holder of a temporary permit, nor any person acting as an employee or agent thereof, shall: (1) Offer or serve any free cereal malt beverage …

41-2641. Class B club license; rights of licensee; membership; storing customer wine; samples. (a) A license for a class B club shall allow the licensee to: (1) Offer for sale, sell and serve alcoholic liquor or cereal malt beverage for consumption on the licensed premises by mem…

41-2642. Drinking establishment license; rights of licensee; hotel minibars; storing customer wine; samples. (a) A license for a drinking establishment shall allow the licensee to offer for sale, sell and serve alcoholic liquor or cereal malt beverage for consumption on the licen…

41-2643. Caterer's license; rights of licensee. (a) A caterer's license shall allow the licensee to offer for sale, sell and serve alcoholic liquor or cereal malt beverage for consumption on unlicensed premises, which may be open to the public, but only if such premises are locat…

41-2644. Drinking establishment caterer license; rights of licensee. A license for a drinking establishment caterer shall allow the licensee all the rights and privileges of a holder of a drinking establishment license and of a licensed caterer, subject to all provisions of law r…

41-2646. Sale of liquor by the drink in public places; election to prohibit or permit. (a) The board of county commissioners may, by resolution, or shall, upon a petition filed in accordance with subsection (b), submit to the qualified electors of the county at any state general …

41-2647. Possession of liquor or cereal malt beverage on licensed premises. (a) Nothing in the club and drinking establishment act shall be construed to prohibit a person from possessing, on premises licensed pursuant to such act, alcoholic liquor or cereal malt beverage not purc…