Chapter 41 — INTOXICATING LIQUORS AND BEVERAGES

41-801. History: L. 1949, ch. 242, § 90; Repealed, L. 2002, ch. 47, § 2; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents US…

41-802. History: L. 1949, ch. 242, § 91; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970. Source or prior law: 21-2128. Revisor's Note: Later act, see 21-4109. CASE ANNOTATIONS 1. Mentioned in holding driving while intoxicated is violation of "intoxicating liquor law" for pur…

41-803. Open saloon; definition; prohibition. (a) It shall be unlawful for any person to own, maintain, operate or conduct, either directly or indirectly, an open saloon. (b) As used in this section, "open saloon" means any place, public or private, where alcoholic liquor is sold…

41-804. Revisor's Note: Transferred to 8-1599. 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 Adm…

41-805. Nuisances; places and properties operated or used in violation of act; lien for fines and costs; leases void; procedure for seizure and sale of vehicles and airplanes; appeals; stay of proceedings. (1) Any room, house, building, boat, vehicle, airplane, structure or place…

41-806. Action by injunction to abate nuisance; procedure; fees of prosecuting attorneys; closing and padlocking; bond of owner, lessee or occupant. The attorney for the director when ordered by the director, or county attorney in the county in which such nuisance exists, or is k…

41-901. Violations of act by persons required to be licensed; penalties; revocation of license; forfeiture and sale of liquor. (a) No person shall manufacture, import for distribution as a distributor at wholesale or distribute or sell alcoholic liquor or cereal malt beverage at …

41-902. General penalty. Any person who shall violate any provision of this act for which a penalty is not otherwise specifically provided shall upon conviction of any such violation be fined not to exceed five hundred dollars ($500) or by imprisonment not to exceed six (6) month…

41-903. Knowingly permitting licensee to unlawfully use premises deemed violation of act. If the owner of the licensed premises or any person from whom the licensee derives the right to possession of such premises, or the agent of such owner or person, shall knowingly permit the …

41-904. Violation by agent or employee of licensee; deemed act of licensee, when. Every act or omission of whatsoever nature constituting a violation of any of the provisions of this act, by any officer, director, manager or other agent or employee of any licensee, if such act is…

41-905. False branding; forfeiture; penalty. Any person who shall knowingly possess, sell, ship, transport or in any way dispose of any alcoholic liquor under any other than the proper name or brand known to the trade as designating the kind and quality of the contents of the pac…

[Repealed or reserved.]

41-1001. Violations; sufficiency of complaint, indictment or information; sufficiency of proof. In any indictment, information or complaint, charging the violation of any of the provisions of this act, it shall be sufficient to charge that the accused unlawfully manufactured, sol…

41-1002. Complaint, indictment or information; allegations as to quantity and kind; second offense; proof. In any indictment, information, or complaint charging the violation of any of the provisions of this act, it shall not be necessary to allege the quantity of such alcoholic …

41-1003. Same; separate offenses may be joined; allegation as to place and time; exceptions need not be negatived. In any indictment, information, or complaint, against any one or more individuals charging the violation of any of the provisions of this act, separate offenses here…

41-1004. Possession of special tax stamp of federal government, effect; evidence. The possession of a special tax stamp from the government of the United States authorizing the sale or manufacture of alcoholic liquor as defined in this act by a person not licensed under this act,…

[Repealed or reserved.]

[Repealed or reserved.]

41-1101. Discrimination in sales, services or prices unlawful; filing of statement; exceptions; multiple case discounts prohibited. (a) No distributor licensed under this act shall purchase any alcoholic liquor from any manufacturer, owner of alcoholic liquor at the time it becom…

41-1101a. Discrimination in sales; minimum orders; cereal malt beverage and beer license, same rules as retailers. (a) Notwithstanding the provisions of K.S.A. 41-1101, and amendments thereto, or the provisions of the Kansas cereal malt beverage act, a distributor may establish r…

41-1102. Disposal or sale of liquor of licensee terminating business. Any licensee who shall quit business or shall have the license suspended or revoked may sell and dispose of any alcoholic liquor which the licensee has possession of at the time of quitting business or of the s…

41-1105. Invalidity of part. If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional clause, …

41-1106. History: L. 1949, ch. 242, § 115; Repealed, L. 1990, ch. 179, § 16; July 1. CASE ANNOTATIONS 1. Permanent liquor nuisance injunction issued under former law is still enforceable. State v. Coleman, 168 Kan. 159, 162, 163, 164, 211 P.2d 81. 2. Cited; absent legislation, su…

41-1107. Duty of county attorney; penalty for neglect; duty of attorney general. It shall be the duty of the county attorneys of the several counties to diligently prosecute any and all persons violating any of the provisions of this act in their respective counties, and to bring…

41-1111. Regulation of retail mark-ups; legislative findings. In the public interest and in order to promote the orderly sale and distribution of alcoholic liquor, to foster temperance and to promote the public welfare, the legislature finds: (a) That sales prices of alcoholic li…

41-1112. Same; prices filed by manufacturers and others to be as low as in any other state; determination. The prices filed by manufacturers and others authorized to sell alcoholic liquors to licensed distributors, pursuant to subsection (1) of K.S.A. 41-1101, shall be the curren…

41-1113. History: L. 1961, ch. 241, § 3; Repealed, L. 1979, ch. 153, § 14; May 10. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents …

41-1114. Same; minimum retail mark-ups. The board shall establish minimum mark-ups which shall be charged by retailers on sales of alcoholic liquor to consumers. History: L. 1961, ch. 241, § 4; L. 1979, ch. 153, § 7; May 10. Law Review and Bar Journal References: "Antitrust: Can …

41-1115. Same; minimum mark-ups on cases, bottles, mixed cases. The board, in exercising its powers and duties under the provisions of this act, shall establish the minimum mark-up by retailers on sales of cases, bottles and mixed cases to consumers. History: L. 1961, ch. 241, § …

41-1116. Same; establishment of minimum mark-ups; guidelines; samplings, studies. The minimum mark-ups established by the board shall be fair and reasonable to licensed retailers and the ultimate consumer. Such mark-ups must be in the public interest and such that they do not und…

41-1117. Same; filing, publication and distribution of minimum mark-ups; effective date; less than minimum mark-up, when permitted. (1) Whenever the board shall establish minimum retailer mark-ups, it shall immediately file a copy thereof with the director. The director, at least…

41-1118. Regulation of retail mark-ups; rules and regulations; information required of licensees. The secretary of revenue may adopt, in accordance with K.S.A. 41-210, and amendments thereto, such rules and regulations as may be necessary to carry out the intent and purposes of t…

41-1119. Same; rules and regulations. The secretary of revenue may adopt, in accordance with K.S.A. 41-210, and amendments thereto, such rules and regulations as necessary for the administration and enforcement of the sales prices determined and fixed under the provisions of this…

41-1120. Same; act supplemental to liquor control act. This act is and shall be construed as supplementary to and part of the Kansas liquor control act, and shall not be construed as repealing any law not specifically repealed by this act. History: L. 1961, ch. 241, § 10; April 1…

41-1121. Same; penalties for violations. Any person violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law. History: L. 1961, ch. 241, § 11; April 10. Previous | Next LEGISLATIVE COORDINATING …

41-1122. Sale of certain liquor by director authorized. The director of alcoholic beverage control is authorized to sell at public or private sale alcoholic liquor in his custody heretofore or hereafter purchased or confiscated by his agents or other peace officers of the state f…

41-1123. Same; sales or destruction of certain liquors by director. All alcoholic liquor in the custody of the director through seizure by agents of alcoholic beverage control or other peace officers of the state under authority of a duly executed search warrant shall be held unt…

41-1124. Same; disposition of proceeds of sales. The proceeds of all such sales by the director shall be deposited in the state general fund. History: L. 1965, ch. 317, § 3; L. 1968, ch. 100, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Arch…

41-1125. Alcoholic liquors subject to levy of execution; sale by sheriff, when; disposition of proceeds. (a) The sheriff of any county who has in his possession alcoholic liquors on which he has levied execution for a judgment creditor may sell such alcoholic liquors when an orde…

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. Previous | Next LEGISLATIVE COORDINATING COUNCIL General…

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) "…

41-2601a. History: L. 2013, ch. 120, § 40; Repealed, L. 2014, ch. 117, § 10; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Document…

41-2602. History: L. 1965, ch. 316, § 2; Repealed, L. 1987, ch. 182, § 144; April 30. CASE ANNOTATIONS 1. City ordinance setting specific hours for closing of private club does not conflict with statute. Blue Star Supper Club, Inc. v. City of Wichita, 208 Kan. 731, 734, 495 P.2d …