State Codes and Statutes

Statutes > Kansas > Chapter41 > Article1 > Statutes_18398

41-104

Chapter 41.--INTOXICATING LIQUORS AND BEVERAGES
Article 1.--GENERAL PROVISIONS

      41-104.   Acts with regard to alcoholic liquorprohibited unless allowedby statute; exceptions.No personshall manufacture, bottle, blend, sell, barter, transport, deliver, furnish orpossess any alcoholic liquorfor beverage purposes, except as specifically provided in this act, the cluband drinking establishmentact or article 27 of chapter 41 of the Kansas Statutes Annotated, except thatnothing contained in thisact shall prevent:

      (a)   The possession and transportation of alcoholic liquor for the personaluse of thepossessor, the possessor's family and guests except that the provisions ofK.S.A. 41-407 andamendments thereto shall be applicable to all persons;

      (b)   the making of wine, cider or beer by a person from fruits, vegetables orgrains, or theproduct thereof, by simple fermentation and without distillation, if it is madesolely for the use ofthe maker and the maker's family;

      (c)   any duly licensed practicing physician or dentist from possessing orusing alcoholicliquor in the strict practice of the medical or dental profession;

      (d)   any hospital or other institution caring for sick and diseased persons,from possessingand using alcoholic liquor for the treatment of bona fide patients of suchhospital or institution;

      (e)   any drugstore employing a licensed pharmacist from possessing and usingalcoholicliquor in the compounding of prescriptions of duly licensed physicians;

      (f)   the possession and dispensation of wine by an authorized representativeof any churchfor the purpose of conducting any bona fide rite or religious ceremonyconducted by such church;or

      (g)   the sale of wine to a consumer in this state by a person which holds avalid licenseauthorizing the manufacture of wine in this or another state and the shipmentof such wine directlyto such consumer, subject to the following: (1) The consumer must be at least21 years of age; (2)the consumer must purchase the wine while physically present on the premises ofthe winemanufacturer; (3) the wine must be for the consumer's personal consumption andnot for resale; and (4) the consumer shall comply with the provisions of K.S.A.41-407, and amendments thereto, bypayment of all applicable taxes within such time after purchase of the wine asprescribed by rulesand regulations adopted by the secretary.

      (h)   The serving of complimentary alcoholic liquor or cereal malt beverages atfund raisingactivities of charitable organizations as defined by K.S.A. 17-1760, andamendments thereto, andas qualified pursuant to 26 U.S.C.A. 501(c) and by committees formed pursuantto K.S.A. 25-4142et seq., and amendments thereto. The serving of such alcoholic liquor at suchfund raising activitiesshall not constitute a sale pursuant to this act, the club and drinkingestablishment act or article 27of chapter 41 of the Kansas Statutes Annotated, and amendments thereto. Anysuch fund raisingactivity shall not be required to obtain a license or a temporary permitpursuant to this act, the cluband drinking establishment act or article 27 of chapter 41 of the KansasStatutes Annotated, andamendments thereto.

      History:   L. 1949, ch. 242, § 4;L. 1978, ch. 186, § 1;L. 1979, ch. 152, § 2;L. 1985, ch. 168, § 2;L. 1987, ch. 182, § 4;L. 2006, ch. 206, § 3;L. 2007, ch. 178, § 3; May 24.

State Codes and Statutes

Statutes > Kansas > Chapter41 > Article1 > Statutes_18398

41-104

Chapter 41.--INTOXICATING LIQUORS AND BEVERAGES
Article 1.--GENERAL PROVISIONS

      41-104.   Acts with regard to alcoholic liquorprohibited unless allowedby statute; exceptions.No personshall manufacture, bottle, blend, sell, barter, transport, deliver, furnish orpossess any alcoholic liquorfor beverage purposes, except as specifically provided in this act, the cluband drinking establishmentact or article 27 of chapter 41 of the Kansas Statutes Annotated, except thatnothing contained in thisact shall prevent:

      (a)   The possession and transportation of alcoholic liquor for the personaluse of thepossessor, the possessor's family and guests except that the provisions ofK.S.A. 41-407 andamendments thereto shall be applicable to all persons;

      (b)   the making of wine, cider or beer by a person from fruits, vegetables orgrains, or theproduct thereof, by simple fermentation and without distillation, if it is madesolely for the use ofthe maker and the maker's family;

      (c)   any duly licensed practicing physician or dentist from possessing orusing alcoholicliquor in the strict practice of the medical or dental profession;

      (d)   any hospital or other institution caring for sick and diseased persons,from possessingand using alcoholic liquor for the treatment of bona fide patients of suchhospital or institution;

      (e)   any drugstore employing a licensed pharmacist from possessing and usingalcoholicliquor in the compounding of prescriptions of duly licensed physicians;

      (f)   the possession and dispensation of wine by an authorized representativeof any churchfor the purpose of conducting any bona fide rite or religious ceremonyconducted by such church;or

      (g)   the sale of wine to a consumer in this state by a person which holds avalid licenseauthorizing the manufacture of wine in this or another state and the shipmentof such wine directlyto such consumer, subject to the following: (1) The consumer must be at least21 years of age; (2)the consumer must purchase the wine while physically present on the premises ofthe winemanufacturer; (3) the wine must be for the consumer's personal consumption andnot for resale; and (4) the consumer shall comply with the provisions of K.S.A.41-407, and amendments thereto, bypayment of all applicable taxes within such time after purchase of the wine asprescribed by rulesand regulations adopted by the secretary.

      (h)   The serving of complimentary alcoholic liquor or cereal malt beverages atfund raisingactivities of charitable organizations as defined by K.S.A. 17-1760, andamendments thereto, andas qualified pursuant to 26 U.S.C.A. 501(c) and by committees formed pursuantto K.S.A. 25-4142et seq., and amendments thereto. The serving of such alcoholic liquor at suchfund raising activitiesshall not constitute a sale pursuant to this act, the club and drinkingestablishment act or article 27of chapter 41 of the Kansas Statutes Annotated, and amendments thereto. Anysuch fund raisingactivity shall not be required to obtain a license or a temporary permitpursuant to this act, the cluband drinking establishment act or article 27 of chapter 41 of the KansasStatutes Annotated, andamendments thereto.

      History:   L. 1949, ch. 242, § 4;L. 1978, ch. 186, § 1;L. 1979, ch. 152, § 2;L. 1985, ch. 168, § 2;L. 1987, ch. 182, § 4;L. 2006, ch. 206, § 3;L. 2007, ch. 178, § 3; May 24.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter41 > Article1 > Statutes_18398

41-104

Chapter 41.--INTOXICATING LIQUORS AND BEVERAGES
Article 1.--GENERAL PROVISIONS

      41-104.   Acts with regard to alcoholic liquorprohibited unless allowedby statute; exceptions.No personshall manufacture, bottle, blend, sell, barter, transport, deliver, furnish orpossess any alcoholic liquorfor beverage purposes, except as specifically provided in this act, the cluband drinking establishmentact or article 27 of chapter 41 of the Kansas Statutes Annotated, except thatnothing contained in thisact shall prevent:

      (a)   The possession and transportation of alcoholic liquor for the personaluse of thepossessor, the possessor's family and guests except that the provisions ofK.S.A. 41-407 andamendments thereto shall be applicable to all persons;

      (b)   the making of wine, cider or beer by a person from fruits, vegetables orgrains, or theproduct thereof, by simple fermentation and without distillation, if it is madesolely for the use ofthe maker and the maker's family;

      (c)   any duly licensed practicing physician or dentist from possessing orusing alcoholicliquor in the strict practice of the medical or dental profession;

      (d)   any hospital or other institution caring for sick and diseased persons,from possessingand using alcoholic liquor for the treatment of bona fide patients of suchhospital or institution;

      (e)   any drugstore employing a licensed pharmacist from possessing and usingalcoholicliquor in the compounding of prescriptions of duly licensed physicians;

      (f)   the possession and dispensation of wine by an authorized representativeof any churchfor the purpose of conducting any bona fide rite or religious ceremonyconducted by such church;or

      (g)   the sale of wine to a consumer in this state by a person which holds avalid licenseauthorizing the manufacture of wine in this or another state and the shipmentof such wine directlyto such consumer, subject to the following: (1) The consumer must be at least21 years of age; (2)the consumer must purchase the wine while physically present on the premises ofthe winemanufacturer; (3) the wine must be for the consumer's personal consumption andnot for resale; and (4) the consumer shall comply with the provisions of K.S.A.41-407, and amendments thereto, bypayment of all applicable taxes within such time after purchase of the wine asprescribed by rulesand regulations adopted by the secretary.

      (h)   The serving of complimentary alcoholic liquor or cereal malt beverages atfund raisingactivities of charitable organizations as defined by K.S.A. 17-1760, andamendments thereto, andas qualified pursuant to 26 U.S.C.A. 501(c) and by committees formed pursuantto K.S.A. 25-4142et seq., and amendments thereto. The serving of such alcoholic liquor at suchfund raising activitiesshall not constitute a sale pursuant to this act, the club and drinkingestablishment act or article 27of chapter 41 of the Kansas Statutes Annotated, and amendments thereto. Anysuch fund raisingactivity shall not be required to obtain a license or a temporary permitpursuant to this act, the cluband drinking establishment act or article 27 of chapter 41 of the KansasStatutes Annotated, andamendments thereto.

      History:   L. 1949, ch. 242, § 4;L. 1978, ch. 186, § 1;L. 1979, ch. 152, § 2;L. 1985, ch. 168, § 2;L. 1987, ch. 182, § 4;L. 2006, ch. 206, § 3;L. 2007, ch. 178, § 3; May 24.