Chapter 41 INTOXICATING LIQUORS AND BEVERAGES
- Article 1 GENERAL PROVISIONS
- 41-101. Citation of act.
- 41-102. Definitions.
- 41-103. Declaration of public policy; separate retail sale of 3.2 beer and alcoholic liquors; retail sales in cities only, exceptions.
- 41-104. Acts with regard to alcoholic liquor prohibited unless allowed by statute; exceptions.
- 41-105. Act inapplicable in certain cases.
- 41-106. Violations of law; copy of citation.
- 41-107. Compliance checks or sting operations; notice of compliance.
- 41-108. Construction of act in case of invalidity of any provision.
- Article 2 DIVISION OF ALCOHOLIC BEVERAGE CONTROL
- 41-201. Law enforcement powers of director, agents and employees; attorney, appointment and compensation.
- 41-202. Office of director; branch offices.
- 41-203. Alcoholic beverage control board of review; abolished; transfer of authority, property, proceedings.
- 41-204. Director and employees; qualifications.
- 41-205. Same; oath of office.
- 41-206. Same; conflict of interest.
- 41-207. Director; seal; records, certification and admission in evidence.
- 41-208. Power to regulate alcoholic liquor.
- 41-209. Director; powers and duties.
- 41-210. Rules and regulations; procedure for adoption; powers of director.
- 41-211. Same; scope.
- Article 3 LICENSING AND RELATED PROVISIONS; CITY OPTION
- 41-301. Retailer's license, premises within city.
- 41-302. Same; election; licensees' rights.
- 41-303. Retailer's license, premises outside city.
- 41-304. Classes of licenses.
- 41-305. Manufacturer's license; rights of licensee.
- 41-306. Spirits distributor's license; rights of licensee.
- 41-306a. Wine distributor's license; rights of licensee.
- 41-307. Beer distributor's license; rights of licensee.
- 41-307a
- 41-308. Retailer's license; rights of licensee.
- 41-308a. Farm winery license; authority of licensee.
- 41-308b. Microbrewery license; rights of licensee; microbrewery packaging and warehousing facility license; permit to conduct tasting programs.
- 41-308c
- 41-309. Nonbeverage user's license; rights of licensee.
- 41-310. Annual license fees; city or township taxes; license year.
- 41-311. Persons and entities ineligible for licensure.
- 41-311a
- 41-311b. Licensure of nonresidents.
- 41-312
- 41-313. Licensing of corporations; conditions; appointment of agent to receive service of process; consent to jurisdiction and forum of Kansas courts.
- 41-314. Retail licensee; forfeiture or revocation of license for violation of act.
- 41-315. Retail license; applies only to premises described; removal; procedure.
- 41-316. Issuance of manufacturers', distributors', microbrewery, farm winery or nonbeverage users' licenses.
- 41-317. License applications; forms; fees; bonds.
- 41-318. Procedure upon application for original retailer's license; notice and hearing; recommendations of city or township.
- 41-319. Time limit on grant or denial of license.
- 41-320. Suspension or revocation of license; hearings.
- 41-321. Refusal, suspension or revocation of license; appeal to secretary.
- 41-322. Same; powers of secretary; subpoenas.
- 41-323. Same; judicial review of secretary's decision.
- 41-324. Same; duty of county or district attorney.
- 41-325. Display of licenses.
- 41-326. Licenses; term; assignability; refund of fees, when.
- 41-327. Renewal of license.
- 41-328. Violations of act; civil penalties.
- 41-328a
- 41-329. Sale in federal area by manufacturer or supplier; revocation of authorization to do business in state.
- 41-330. Denial or revocation of license for alcohol-related convictions; notice and hearing.
- 41-331. Suppliers; annual permit; brand registration.
- 41-332. Same; temporary permit to import certain liquor.
- 41-333. Salespersons; permit required; exception.
- 41-334. Same; application; fee; qualifications.
- 41-335. Same; exhibition of permit.
- 41-336. Same; purchase only from permit holder; exception.
- 41-337. Same; termination of employment; notice; surrender of permit.
- 41-338. Same; notice of address change required.
- 41-339. Same; suspension or revocation of permit; administrative action against employer.
- 41-340. Same; principal occupation of salesperson required; exception.
- 41-341. Same; prohibited acts.
- 41-342. Nonalcoholic malt beverages; title of act.
- 41-343. Same; definitions.
- 41-344. Same; sales by certain licensees.
- 41-345. Same; distribution; sales and taxation.
- 41-346. Administrative action for offenses involving minors; defense.
- 41-347. Temporary permit, charitable auction or limited issue decanter sale.
- 41-348, 41-349
- 41-350. Direct shipment to consumers by winery; special order shipping license; collection of gallonage taxes; rules and regulations.
- 41-351. Farm winery; bona fide farmers' market sales permit; rules and regulations.
- Article 4 BONDED WAREHOUSES AND RELATED PROVISIONS
- 41-401. Bonded warehouse required, spirits or wine manufacturer or distributor.
- 41-402. Spirits and wine kept in warehouse, exceptions; records; joint custody of director.
- 41-403. Withdrawal from warehouse.
- 41-404
- 41-405. Enforcement of warehouse provisions.
- 41-406. Summary detention of liquor; power of director.
- 41-407. Evasion of liquor tax prohibited; penalties.
- 41-408. Common carriers authorized to carry liquor.
- 41-409. Beer or cereal malt beverage manufacturer, distributor or importer; filing of notice; warehouse; brewing specifications.
- 41-410. Exclusive territorial franchises, liquor and cereal malt beverage; filing of notice; termination or modification of franchise.
- 41-411
- 41-412. Severability.
- Article 5 GALLONAGE TAX; COLLECTION AND DISPOSITION
- 41-501. Tax rate; exemptions; limitation on tax by city; collection and disposition of tax; permit to import for certain purposes.
- 41-501a. Tax on liquor being delivered to federal area.
- 41-501b
- 41-501c
- 41-502. Collection and payment of tax.
- 41-503
- 41-504
- 41-505
- 41-506
- 41-507. Alcoholic liquor tax refund fund; use.
- 41-508. Possession of untaxed liquor by retailer; penalty.
- 41-509
- 41-510. Credit for spirits sold to federal military installation.
- Article 6 MANUFACTURER'S AND WHOLESALER'S RECORDS AND REPORTS
- Article 7 CERTAIN PROHIBITED ACTS AND PENALTIES
- 41-701. Certain sales by distributors or manufacturers prohibited.
- 41-702. Gifts and credit from manufacturer or distributor prohibited.
- 41-703. Gifts, loans and interest in customer's business by manufacturer or distributor prohibited, exceptions.
- 41-704. Manufacturers; interest in business of distributor prohibited.
- 41-705. Violation of 41-703 or 41-704; effect.
- 41-706. Requirements relating to revenue stamps, labels, seals.
- 41-707. Labels; quality of liquor; requirements.
- 41-708. Retailer must obtain liquor from licensed distributor; exceptions; penalties.
- 41-709. Authorized sale or delivery by manufacturer or distributor; withdrawal of samples from warehouse; license revocation for violations.
- 41-710. Location of retail store, microbrewery or farm winery; restrictions.
- 41-711. Sale at retail forbidden on certain premises.
- 41-712. Days and hours of sale by retailers.
- 41-713. Retailers; mixing drinks on premises and employment of certain persons prohibited.
- 41-714. Advertising; authority of director.
- 41-715. Sale of liquor to incapacitated or intoxicated person; penalties.
- 41-716
- 41-717. Certain sales on credit, in trade or by check prohibited.
- 41-718. Sale only in original package; refilling prohibited.
- 41-719. Consumption of alcoholic liquor prohibited in certain places; exemptions.
- 41-719a
- 41-720. Nonbeverage licensee forbidden to give or sell alcoholic liquors; violation; penalty.
- 41-721. No retail licenses to issue in cities where electors voted contrary.
- 41-722. Giving or selling liquor to evade law declared unlawful.
- 41-723. Violating 41-721 and 41-722; places declared common nuisances.
- 41-724. Transportation of liquor into state forbidden; exceptions.
- 41-725. Common carriers; must deliver only to consignee.
- 41-726. False statements to common carriers unlawful.
- 41-727. Purchase or consumption of alcoholic beverage by minor; penalty; exceptions; tests.
- 41-727a. Use of minors to determine compliance with law, limitations.
- 41-727b
- 41-728. Sales of liquor by distributors; prohibited acts.
- 41-729. Retail sales at less than cost; permit required.
- Article 8 MISDEMEANORS AND NUISANCES
- 41-801
- 41-802
- 41-803. Open saloon; definition; prohibition.
- 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 proceed
- 41-806. Action by injunction to abate nuisance; procedure; fees of prosecuting attorneys; closing and padlocking; bond of owner, lessee or occupant.
- Article 9 GENERAL PENALTY PROVISIONS
- 41-901. Violations of act by persons required to be licensed; penalties; revocation of license; forfeiture and sale of liquor.
- 41-902. General penalty.
- 41-903. Knowingly permitting licensee to unlawfully use premises deemed violation of act.
- 41-904. Violation by agent or employee of licensee; deemed act of licensee, when.
- 41-905. False branding; forfeiture; penalty.
- Article 10 PROSECUTION AND ENFORCEMENT
- 41-1001. Violations; sufficiency of complaint, indictment or information; sufficiency of proof.
- 41-1002. Complaint, indictment or information; allegations as to quantity and kind; second offense; proof.
- 41-1003. Same; separate offenses may be joined; allegation as to place and time; exceptions need not be negatived.
- 41-1004. Possession of special tax stamp of federal government, effect; evidence.
- 41-1005 to 41-1009
- Article 11 MISCELLANEOUS PROVISIONS
- 41-1101. Discrimination in sales, services or prices unlawful; filing of statement; exceptions; multiple case discounts prohibited.
- 41-1102. Disposal or sale of liquor of licensee terminating business.
- 41-1103, 41-1104
- 41-1105. Invalidity of part.
- 41-1106
- 41-1107. Duty of county attorney; penalty for neglect; duty of attorney general.
- 41-1108 to 41-1110
- 41-1111. Regulation of retail mark-ups; legislative findings.
- 41-1112. Same; prices filed by manufacturers and others to be as low as in any other state; determination.
- 41-1113
- 41-1114. Same; minimum retail mark-ups.
- 41-1115. Same; minimum mark-ups on cases, bottles, mixed cases.
- 41-1116. Same; establishment of minimum mark-ups; guidelines; samplings, studies.
- 41-1117. Same; filing, publication and distribution of minimum mark-ups; effective date; less than minimum mark-up, when permitted.
- 41-1118. Regulation of retail mark-ups; rules and regulations; information required of licensees.
- 41-1119. Same; rules and regulations.
- 41-1120. Same; act supplemental to liquor control act.
- 41-1121. Same; penalties for violations.
- 41-1122. Sale of certain liquor by director authorized.
- 41-1123. Same; sales or destruction of certain liquors by director.
- 41-1124. Same; disposition of proceeds of sales.
- 41-1125. Alcoholic liquors subject to levy of execution; sale by sheriff, when; disposition of proceeds.
- 41-1126. Other state fees fund; use and expenditure of moneys in fund.
- 41-1127. Sections part of liquor control act.
- Article 26 LICENSURE AND REGULATION OF SALE OF LIQUOR BY THE DRINK
- 41-2601. Definitions.
- 41-2602
- 41-2603
- 41-2604. Allowing consumption of liquor in violation of act; penalties.
- 41-2605. Licenses; to whom issued.
- 41-2606. Same; application; fees.
- 41-2607. Club licenses; term; refunds.
- 41-2608. Same; premises licensed; zoning compliance.
- 41-2609. Same; suspension or revocation; procedure.
- 41-2610. Unlawful acts of licensee.
- 41-2611. Revocation or suspension of license; grounds for.
- 41-2612. Display of license.
- 41-2613. Immediate entry to and inspection of premises condition of license or permit; revocation for refusal.
- 41-2614. Hours of operation.
- 41-2615. Possession or consumption by minor prohibited.
- 41-2616
- 41-2616a
- 41-2617
- 41-2618
- 41-2619. Search warrant for premises where liquor sold by the drink without license or permit.
- 41-2620. Sale of liquor by the drink without license or permit prohibited.
- 41-2621. Club or drinking establishment license limited to premises specified.
- 41-2622. Annual license fees; state, county or city; disposition; other state fees fund; use.
- 41-2623. Persons and entities ineligible for licensure.
- 41-2624
- 41-2625. Same; corporations and partnerships.
- 41-2626. Violations of act or rules and regulations; revocation or suspension of license.
- 41-2627. Club or drinking establishment license; change in premises.
- 41-2628. Time limit for grant or denial of license.
- 41-2629. Class B club, drinking establishment or caterer's license; nature of; term; transfer limited; refund of fees.
- 41-2630. Injunction for violation of act by licensee.
- 41-2631. City ordinance conflicting with act void; ordinance limitations.
- 41-2632. Influencing purchases by licensees prohibited.
- 41-2633. Violations of act or rules and regulations; criminal penalty.
- 41-2633a. Violations of act by licensee or permit holder; civil fine.
- 41-2634. Rules and regulations; criteria for class A clubs.
- 41-2635. Severability.
- 41-2636. Sale of class A club license prohibited.
- 41-2637. Class A club license; rights of licensee; storing customer wine.
- 41-2638
- 41-2639. Sale of club memberships; restrictions.
- 41-2640. Certain sales practices prohibited; penalties; "drink" defined.
- 41-2641. Class B club license; rights of licensee; storing customer wine.
- 41-2642. Drinking establishment license; rights of licensee; hotel minibars; storing customer wine.
- 41-2643. Caterer's license; rights of licensee.
- 41-2644. Drinking establishment/caterer license; rights of licensee.
- 41-2645. Temporary permit; authorization of certain sales.
- 41-2646. Sale of liquor by the drink in public places; election to prohibit or permit.
- 41-2647. Possession of liquor or cereal malt beverage on licensed premises.
- 41-2648. Effective date of license; conversion of club license to drinking establishment license.
- 41-2649. Title of act.
- 41-2650. Severability.
- 41-2651. Application for licensure, renewal, suspension or revocation; notice to governing body of city or county; power of such governing body to request suspension or revocation hearing; hearings.
- 41-2652. Use of minors to determine compliance with law, limitations.
- 41-2653. Removal of unconsumed alcoholic liquor from premises of club or drinking establishment.
- Article 27 CEREAL MALT BEVERAGES
- 41-2701. Definitions.
- 41-2702. Retailer's license; application; notice; fee; state stamp; license nontransferable.
- 41-2703. Same; issuance, denial, when; term of license; notice to distributors of nonrenewal, when.
- 41-2704. Hours and days of sale; standards; prohibited acts.
- 41-2705. Loans or gifts from manufacturer or distributor prohibited.
- 41-2706. Certain sales on credit or in trade prohibited.
- 41-2707. Same; penalties.
- 41-2708. Revocation or suspension of license; grounds; appeal.
- 41-2708a
- 41-2709. Injunction proceedings.
- 41-2710
- 41-2711. Penalties for violation of act.
- 41-2712. Invalidity of part.
- 41-2713
- 41-2714
- 41-2715
- 41-2716, 41-2717
- 41-2718
- 41-2719
- 41-2720
- 41-2721
- 41-2722. Certain sales practices prohibited; penalties; drink defined.
- 41-2723, 41-2724
- 41-2725. Cereal malt beverage prohibited at state capitol.
- 41-2726. Sales below cost prohibited.
- 41-2727. Use of minors to determine compliance with law, exceptions.
- 41-2728. Title of act; power to regulate cereal malt beverage.
- 41-2729. Flavored malt beverages.
- Article 28 PUBLIC ESTABLISHMENTS SELLING LIQUOR BY THE DRINK
- Article 29 MISCELLANEOUS
- 41-2901. Beer and cereal malt beverage keg registration act; citation.
- 41-2902. Same; regulation by cities and counties, limitations.
- 41-2903. Same; retailer's liability, limitation.
- 41-2904. Same; civil and administrative actions, recovery of fees and costs, when.
- 41-2905. Same; duties of beer retailer; violations; penalties; duties of secretary; rules and regulations.
- 41-2906. Same; duties of cereal malt beverage retailers; violations; penalties; duties of secretary; rules and regulations.
- 41-2907 to 41-2910. Reserved.
- 41-2911. Alcoholic liquor and cereal malt beverage, days of sale; local option.