Kansas Statutes

Chapter 41.—INTOXICATING LIQUORS AND BEVERAGES

Revisor's Note:

This chapter was formerly "Chapter 41—Interest," being 41-101 through 41-105, which now appears under chapter 16 as 16-201 through 16-205.

Former laws repealed by the Kansas liquor control act of 1949, see 41-1106.

Law Review and Bar Journal References:

"Torts: Liquor vendor Liability in a Multistate Tort [Ling v. Jan's Liquors, 237 Kan. 429, 703 P.2d 731 (1985)]," Tim Lutz, 25 W.L.J. 610, 619 (1986).

• Article 1.—GENERAL PROVISIONS
  • 41-101 Citation of act.
  • 41-102 Definitions.
  • 41-103 Repealed.
  • 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; notice of reported violation.
  • 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.
  • 41-212 Director; beer sales by cereal malt beverage licensee study; oversight of sales; rules and regulations.
  • 41-213 Alcoholic beverage control modernization fee; assessment and disposition; alcoholic beverage control modernization fund created.
  • 41-214 Studies on licensed microbrewery compliance with laws and rules and regulations on the collection and remittance of alcoholic liquor enforcement and gallonage taxes.
• 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; samples; other.
  • 41-306 Spirits distributor's license; rights of licensee; withdrawal of spirits from inventory for use as samples.
  • 41-306a Wine distributor's license; rights of licensee; withdrawal of wine from inventory for use as samples.
  • 41-307 Beer distributor's license; rights of licensee; withdrawal of beer from inventory for use as samples.
  • 41-307a Repealed.
  • 41-308 Retailer's license; rights of licensee.
  • 41-308a Farm winery license; winery outlet license; rights of licensee; percentage of Kansas products.
  • 41-308b Microbrewery license; microbrewery packaging and warehousing facility license; rights of licensee; contract brewing agreements; permit to conduct tasting programs; percentage of Kansas products.
  • 41-308c Repealed.
  • 41-308d Retailer's license; wine, beer and spirits tastings; rules and regulations.
  • 41-309 Nonbeverage user's license; rights of licensee.
  • 41-310 License fees; term; city or township taxes.
  • 41-311 Persons and entities ineligible for licensure.
  • 41-311a Repealed.
  • 41-311b Licensure of nonresidents criminal history record check; fingerprinting; costs.
  • 41-311c Licensure qualifications for limited liability company.
  • 41-312 Repealed.
  • 41-313 Licensing of corporations; conditions; appointment of agent to receive service of process; consent to jurisdiction and forum of Kansas courts.
  • 41-314 Repealed.
  • 41-315 Retail license; applies only to premises described; removal; procedure.
  • 41-316 Issuance of 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 Application of Kansas administrative procedure act to proceedings; hearings; director as presiding officer.
  • 41-320a Suspension, involuntary cancellation or revocation of license; grounds.
  • 41-321 Refusal, suspension, involuntary cancellation 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 Repealed.
  • 41-328b Administrative orders; civil fines; time limit on orders.
  • 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 Repealed.
  • 41-334 Repealed.
  • 41-335 Repealed.
  • 41-336 Repealed.
  • 41-337 Repealed.
  • 41-338 Repealed.
  • 41-339 Repealed.
  • 41-340 Repealed.
  • 41-341 Repealed.
  • 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 Repealed.
  • 41-348, 41-349 Repealed.
  • 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.
  • 41-352 Packaging and warehousing facility permit; rights of permit holder.
  • 41-353 Fulfillment house license; rights of licensee; fee; records requirements, penalty for violations.
  • 41-354 Microdistillery license; rights of licensee, microdistillery packaging and warehousing facility license; employment restrictions; rules and regulations.
  • 41-355 Producer's license; rights of licensee; maintenance of records.
• 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 Repealed.
  • 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, alcoholic liquor and cereal malt beverage; filing of notice; termination or modification of franchise.
  • 41-410a Exclusive territorial franchises; certain agreements; cereal malt beverage, beer.
  • 41-411 Repealed.
  • 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 Repealed.
  • 41-501c Expired.
  • 41-502 Collection and payment of tax.
  • 41-503 Repealed.
  • 41-504 Repealed.
  • 41-505 Repealed.
  • 41-506 Repealed.
  • 41-507 Alcoholic liquor tax refund fund; use.
  • 41-508 Possession of untaxed liquor by retailer; penalty.
  • 41-509 Repealed.
  • 41-510 Credit for spirits sold to federal military installation.
  • 41-511 Reports of alcoholic liquor shipped into the state; contents; penalties for failure to file report; confidentiality of name or address of consignee.
• Article 6.—MANUFACTURER'S AND WHOLESALER'S RECORDS AND REPORTS
  • 41-601 Manufacturers, distributors, microbreweries, microdistilleries and farm wineries; monthly reports.
  • 41-602 Same; records of sales.
• Article 7.—CERTAIN PROHIBITED ACTS AND PENALTIES
  • 41-701 Certain sales by distributors, microbreweries and manufacturers prohibited; criminal penalties.
  • 41-702 Gifts and credit from manufacturer, distributor or microbrewery prohibited; revocation or suspension of license for violations.
  • 41-703 Gifts, loans and interest in customer's business by manufacturer, distributor or microbrewery prohibited, exceptions; rules and regulations.
  • 41-704 Manufacturers; interest in business of distributor prohibited.
  • 41-705 Violation of K.S.A. 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 alcoholic liquor from licensed distributor, farm winery or microbrewery; exceptions; penalties.
  • 41-709 Authorized sale or delivery by manufacturer, distributor or microbrewery; revocation of license for violations.
  • 41-710 Location of retail store, microbrewery, microdistillery or farm winery; restrictions; within core commercial district.
  • 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; exceptions.
  • 41-714 Advertising; authority of director.
  • 41-715 Sale of liquor to incapacitated or intoxicated person; penalties.
  • 41-716 Repealed.
  • 41-717 Certain sales on credit, in trade or by check prohibited.
  • 41-718 Sale only in original package; refilling prohibited; application of law to certain sales.
  • 41-719 Consumption of alcoholic liquor prohibited in certain places; exemptions.
  • 41-719a Repealed.
  • 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 K.S.A. 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; immunity from criminal prosecution; tests; detainment.
  • 41-727a Use of minors to determine compliance with law, limitations.
  • 41-727b Repealed.
  • 41-728 Sales of alcoholic liquor by distributors and microbreweries; prohibited acts.
  • 41-729 Retail sales at less than cost; permit required.
  • 41-730 Sale of powdered alcohol prohibited.
• Article 8.—MISDEMEANORS AND NUISANCES
  • 41-801 Repealed.
  • 41-802 Repealed.
  • 41-803 Open saloon; definition; prohibition.
  • 41-804 Transferred.
  • 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.
  • 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 through 41-1009 Repealed.
• Article 11.—MISCELLANEOUS PROVISIONS
  • 41-1101 Discrimination in sales, services or prices unlawful; filing of statement; exceptions; multiple case discounts prohibited.
  • 41-1101a Discrimination in sales; minimum orders; cereal malt beverage and beer license, same rules as retailers.
  • 41-1102 Disposal or sale of liquor of licensee terminating business.
  • 41-1103, 41-1104 Repealed.
  • 41-1105 Invalidity of part.
  • 41-1106 Repealed.
  • 41-1107 Duty of county attorney; penalty for neglect; duty of attorney general.
  • 41-1108 through 41-1110 Repealed.
  • 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 Repealed.
  • 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; community alcoholism and intoxication programs fund.
  • 41-1127 Sections part of liquor control act.
• Article 12.—TEMPORARY PERMITS
  • 41-1201 Temporary permits to sell and serve alcoholic liquor and cereal malt beverage; temporary permit fee cap; application requirements; issuance; employment restrictions.
  • 41-1202 Temporary permit holders; acquisition of alcoholic liquor and cereal malt beverage; conduct within boundary of permitted premises.
  • 41-1203 Dispensing alcoholic liquor and cereal malt beverage; carrying alcoholic liquor and cereal malt beverage onto permitted premises.
  • 41-1204 Providing samples of alcoholic liquor and cereal malt beverage.
  • 41-1205 Beer and cereal malt beverage keg registration act not applicable.
  • 41-1206 Application of enforcement laws; rules and regulations; definitions.
• Articles 13 to 25.—Reserved
• Article 26.—LICENSURE AND REGULATION OF SALE OF LIQUOR BY THE DRINK
  • 41-2601 Definitions.
  • 41-2601a Repealed.
  • 41-2602 Repealed.
  • 41-2603 Repealed.
  • 41-2604 Allowing consumption of alcoholic liquor or cereal malt beverage in violation of act; penalties.
  • 41-2605 Licenses; to whom issued.
  • 41-2606 Same; application; fees.
  • 41-2607 Club licenses; term; refund of fees, when.
  • 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.
  • 41-2609 Application of Kansas administrative procedure act to proceedings; hearings.
  • 41-2610 Unlawful acts of licensee; employment restrictions.
  • 41-2611 Grounds for suspension, involuntary cancellation or revocation of license.
  • 41-2612 Display of license.
  • 41-2613 Immediate entry to and inspection of premises as condition of license or permit; revocation for refusal.
  • 41-2614 Hours of operation.
  • 41-2615 Possession or consumption by minor prohibited.
  • 41-2616 Repealed.
  • 41-2616a Repealed.
  • 41-2617 Repealed.
  • 41-2618 Repealed.
  • 41-2619 Search warrant for premises where alcoholic liquor or cereal malt beverage is 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 License fees; city or county taxes; other state fees fund.
  • 41-2623 Persons and entities ineligible for licensure.
  • 41-2623a Licensure qualifications for limited liability company.
  • 41-2624 Repealed.
  • 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 Issuance of licenses; term; assignability; refund of fees, when.
  • 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.
  • 41-2633b Administrative orders; civil fines; time limit on orders.
  • 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; samples; events.
  • 41-2638 Repealed.
  • 41-2639 Sale of club memberships; restrictions.
  • 41-2640 Certain sales practices prohibited; practices permitted for licensees; penalties.
  • 41-2641 Class B club license; rights of licensee; membership; storing customer wine; samples.
  • 41-2642 Drinking establishment license; rights of licensee; hotel minibars; storing customer wine; samples.
  • 41-2643 Caterer's license; rights of licensee.
  • 41-2644 Drinking establishment caterer license; rights of licensee.
  • 41-2645 Repealed.
  • 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 alcoholic liquor or cereal malt beverage from premises of club or drinking establishment.
  • 41-2654 Drinking establishment license; municipal corporation; qualifications.
  • 41-2655 Public venue license; rights of licensee.
  • 41-2656 Samples; regulation thereof.
  • 41-2657 Repealed.
  • 41-2658 Dispensing infused alcoholic liquor and cereal malt beverage.
  • 41-2659 Common consumption areas; cities and counties; permits; duties and liabilities; signs posted that identify boundaries of area.
• Article 27.—CEREAL MALT BEVERAGES
  • 41-2701 Definitions.
  • 41-2702 Retailer's license; application; notice; fee; state stamp; license nontransferable.
  • 41-2703 Retailer's license; issuance, requirements; denial, when; term of license; notice to distributors of nonrenewal, when; special event retailers' permit.
  • 41-2703a Licensure qualifications for limited liability company.
  • 41-2704 Hours and days of sale; 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 Repealed.
  • 41-2709 Injunction proceedings.
  • 41-2710 Repealed.
  • 41-2711 Penalties for violation of act.
  • 41-2712 Invalidity of part.
  • 41-2713 Repealed.
  • 41-2714 Repealed.
  • 41-2715 Repealed.
  • 41-2716, 41-2717 Repealed.
  • 41-2718 Repealed.
  • 41-2719 Repealed.
  • 41-2720 Repealed.
  • 41-2721 Repealed.
  • 41-2722 Certain sales practices prohibited; penalties.
  • 41-2723, 41-2724 Repealed.
  • 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.
  • 41-2730 Violations of act; issuance of citations; civil penalties.
• Article 28.—PUBLIC ESTABLISHMENTS SELLING LIQUOR BY THE DRINK (Not in active use)
  • 41-2801 through 41-2804 Repealed.
• 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 through 41-2910 Reserved.
  • 41-2911 Hours and days of sale of alcoholic liquor and cereal malt beverage; local option.