Kan. Stat. Ann. § 41-101
Citation of act
This act may be cited as the "Kansas liquor control act."
Kansas Statutes Annotated Chapter 41 — Intoxicating Liquors and Beverages
Kansas · statute · Kan. Stat. Ann. ch. 41 · 237 active provisions
Provisions
Kan. Stat. Ann. § 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 alcohol or wood alcohol. (b) "Alcoholic candy" means: (1) Fo…
Kan. Stat. Ann. § 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, exce…
Kan. Stat. Ann. § 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, scientific, culinary or toilet preparations, or food products unfit for beverage p…
Kan. Stat. Ann. § 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 shall be delivered to the licensee or a person in charge of the licensed premises at the time of the alleged violati…
Kan. Stat. Ann. § 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 the sale of alcoholic liquor and cereal malt beverages to persons under 21 years of age or the legal age for c…
Kan. Stat. Ann. § 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 accordance with the intent of the legislature to further limit rather than to expand commerce in alcoholic liquo…
Kan. Stat. Ann. § 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 vested with the power and authority of peace and police officers, in the execution of the duties imposed upon the director of alcoholic beverage c…
Kan. Stat. Ann. § 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.
Kan. Stat. Ann. § 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 designated by statute, contract or other document, the reference or designation shall be deemed to apply to the director. (c) All books, records and other pro…
Kan. Stat. Ann. § 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 convicted of a felony or of any violation of any federal or state law concerning the ma…
Kan. Stat. Ann. § 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.
Kan. Stat. Ann. § 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, distributor, wholesaler or retailer of alcoholic liquor or from any person who is an…
Kan. Stat. Ann. § 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. Any process, notice or other paper which the director may be authorized by law to issue shall be deemed sufficient…
Kan. Stat. Ann. § 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 regardless of its alcoholic content, is vested exclusively in the state and shall be exerc…
Kan. Stat. Ann. § 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; (b) to call upon other administrative departments of the state, county and…
Kan. Stat. Ann. § 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, the director shall submit the proposed rule and regulation to the secretary of revenue who, if the secretary appr…
Kan. Stat. Ann. § 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) prescribing the nature of and the representations to be shown upon the…
Kan. Stat. Ann. § 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 of the sale of beer containing not more than 6% alcohol by volume by persons licensed as cereal malt beverage retailers pursuant to K.S.A. 41-2702, and…
Kan. Stat. Ann. § 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, each applicant for an initial application or a renewal application of a license shall pay at the time of application or renewal a non-refundable alcoholic beverage control mode…
Kan. Stat. Ann. § 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 the original package on premises within the corporate limits of cities and outside the corpo…
Kan. Stat. Ann. § 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 such submission has been filed with the city clerk of any such city as provided in th…
Kan. Stat. Ann. § 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 be issued to any applicant unless the applicant possesses all the qualifications required…
Kan. Stat. Ann. § 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) microdistillery license; (h) farm winery license; (i) producer's license…
Kan. Stat. Ann. § 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 licensed in this state and to such persons outside this state as permitted by law. (b) A manufacturer's licens…
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