Session 2000
Effective: July 1, 2000
SENATE BILL No. 430
An Act concerning alcoholic liquor and cereal malt beverages;
relating to the regulation of
the sale and consumption thereof; amending
K.S.A. 41-211, 41-303 and 41-318 and
K.S.A. 1999 Supp. 41-719 and 41-727 and
repealing the existing sections; also repealing
K.S.A. 1999 Supp. 41-719a.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 41-303 is hereby
amended to read as follows: 41-
303. The director may license the sale of alcoholic liquor at
retail in the
original package on premises not located in an incorporated city
for use
or consumption off the premises, if such premises are located in
any
township having a population of more than eleven thousand
(11,000)
5,000. No such license shall be granted to any applicant
unless he shall
possess the applicant possesses all the
qualifications required of other
applicants for retailers' licenses except the qualification of
residence
within a city. In the event that any license has been issued under
the
provisions of this section in a township having a population of
more than
eleven thousand (11,000) 5,000, and
thereafter such township population
decreases or has decreased to eleven thousand
(11,000) 5,000 or less,
such licenses shall continue to be valid and the licensees shall be
eligible
for renewal of such licenses at the appropriate time if they are
otherwise
qualified.
No such license shall be granted to any
applicant under this section
unless the board of county commissioners of the county in which
such
township is located adopts a resolution approving the issuance
of such
license. A certified copy of such resolution shall accompany the
applica-
tion for a license authorized by this section.
In the event that any license has been issued
under the provisions of
this section in a township having a population of more than
eleven thou-
sand (11,000) 5,000, and thereafter the
premises so licensed are annexed
to a city wherein retail liquor licenses may be issued, such
licenses shall
continue to be valid and the licensees shall be eligible for
renewal of such
licenses at the appropriate time even though the licensees shall
not reside
in the cities to which the areas are annexed if
they the licensees are oth-
erwise qualified and if they reside in the township in which the
premises
were originally located or in the city to which the premises have
been
annexed.
Sec. 2. K.S.A. 41-318 is hereby
amended to read as follows: 41-318.
When application for a retailer's license to sell alcoholic liquor
in the
original package in any city or township as authorized by K.S.A.
41-303,
and amendments thereto, is filed with the director, the
director shall notify
the city clerk of the city or the township clerk of a
township having a
population of more than 11,000, the
township where such license is
sought. Such notice shall state the date and place where a hearing
will be
held on such application. No such license shall be issued by the
director
until the expiration of at least 10 days from the time of filing
such appli-
cation with the director, during which period the governing body of
such
city or the township board of any such township
may make advisory rec-
ommendations relative to the granting or refusal to grant a
license. The
hearing on the application shall be conducted in accordance with
the
provisions of the Kansas administrative procedure act.
Sec. 3. K.S.A. 1999 Supp. 41-719 is
hereby amended to read as fol-
lows: 41-719. (a) No person shall drink or consume alcoholic liquor
on
the public streets, alleys, roads or highways or inside vehicles
while on
the public streets, alleys, roads or highways.
(b) No person shall drink or consume
alcoholic liquor on private
property except:
(1) On premises where the sale of liquor
by the individual drink is
authorized by the club and drinking establishment act;
(2) upon private property by a person
occupying such property as an
owner or lessee of an owner and by the guests of such person, if no
charge
is made for the serving or mixing of any drink or drinks of
alcoholic liquor
or for any substance mixed with any alcoholic liquor and if no sale
of
alcoholic liquor in violation of K.S.A. 41-803, and amendments
thereto,
takes place;
(3) in a lodging room of any hotel, motel
or boarding house by the
person occupying such room and by the guests of such person, if
no
charge is made for the serving or mixing of any drink or drinks of
alcoholic
liquor or for any substance mixed with any alcoholic liquor and if
no sale
of alcoholic liquor in violation of K.S.A. 41-803, and amendments
thereto,
takes place;
(4) in a private dining room of a hotel,
motel or restaurant, if the
dining room is rented or made available on a special occasion to an
in-
dividual or organization for a private party and if no sale of
alcoholic liquor
in violation of K.S.A. 41-803, and amendments thereto, takes place;
or
(5) on the premises of a microbrewery or
farm winery, if authorized
by K.S.A. 41-308a or 41-308b, and amendments thereto.
(c) No person shall drink or consume
alcoholic liquor on public prop-
erty except:
(1) On real property leased by a city to
others under the provisions
of K.S.A. 12-1740 through 12-1749, and amendments thereto, if such
real
property is actually being used for hotel or motel purposes or
purposes
incidental thereto.
(2) In any state-owned or operated
building or structure, and on the
surrounding premises, which is furnished to and occupied by any
state
officer or employee as a residence.
(3) On premises licensed as a club or
drinking establishment and
located on property owned or operated by an airport authority
created
pursuant to chapter 27 of the Kansas Statutes Annotated or
established
by a city having a population of more than 200,000.
(4) On the state fair grounds on the day
of any race held thereon
pursuant to the Kansas parimutuel racing act.
(5) On the state fairgrounds, if such
liquor is domestic wine or wine
imported under subsection (e) of K.S.A. 41-308a, and amendments
thereto, and is consumed only for purposes of judging
competitions.
(6) In the state historical museum
provided for by K.S.A. 76-2036,
and amendments thereto, on the surrounding premises and in any
other
building on such premises, as authorized by rules and regulations
of the
state historical society.
(7) On the premises of any state-owned
historic site under the juris-
diction and supervision of the state historical society, on the
surrounding
premises and in any other building on such premises, as authorized
by
rules and regulations of the state historical society.
(8) In a lake resort within the meaning
of K.S.A. 32-867, and amend-
ments thereto, on state-owned or leased property.
(9) In the Hiram Price Dillon house or on
its surrounding premises,
subject to limitations established in policies adopted by the
legislative
coordinating council, as provided by K.S.A. 75-3682, and
amendments
thereto.
(10) On the premises of the Kansas
national guard regional training
center located in Saline county, and any building on such premises,
as
authorized by rules and regulations of the adjutant general and
upon
approval of the Kansas military board.
(11) On property exempted from this
subsection (c) pursuant to sub-
section (d), (e), (f), (g) or, (h) or
(i).
(d) Any city may exempt, by ordinance,
from the provisions of sub-
section (c) specified property the title of which is vested in such
city.
(e) The board of county commissioners of
any county may exempt,
by resolution, from the provisions of subsection (c) specified
property the
title of which is vested in such county.
(f) The state board of regents may exempt
from the provisions of
subsection (c) the Sternberg museum on the campus of Fort Hays
state
university, or other specified property which is under the
control of such
board and which is not used for classroom instruction, where
alcoholic
liquor may be consumed in accordance with policies adopted by
such
board.
(g) The board of regents of Washburn
university may exempt from
the provisions of subsection (c) the Mulvane art center and the
Bradbury
Thompson alumni center on the campus of Washburn university,
and
other specified property the title of which is vested in such board
and
which is not used for classroom instruction, where alcoholic liquor
may
be consumed in accordance with policies adopted by such board.
(h) Any city may exempt, by ordinance,
from the provisions of sub-
section (c) any national guard armory in which such city has a
leasehold
interest, if the Kansas military board consents to the
exemption.
(i) The board of trustees of a
community college may exempt from the
provisions of subsection (c) specified property which is under
the control
of such board and which is not used for classroom instruction,
where
alcoholic liquor may be consumed in accordance with policies
adopted by
such board.
(i) (j) Violation
of any provision of this section is a misdemeanor pun-
ishable by a fine of not less than $50 or more than $200 or by
impris-
onment for not more than six months, or both.
Sec. 4. K.S.A. 1999 Supp. 41-727 is
hereby amended to read as fol-
lows: 41-727. (a) Except with regard to serving of alcoholic liquor
or cereal
malt beverage as permitted by K.S.A. 41-308a, 41-308b, 41-2610 or
41-
2704 and sections 5, 6 and 7, and amendments thereto, and
subject to
any rules and regulations adopted pursuant to such statutes,
no person
under 21 years of age shall possess, consume, obtain, purchase or
attempt
to obtain or purchase alcoholic liquor or cereal malt beverage
except as
authorized by law.
(b) Violation of this section by a person
18 or more years of age but
less than 21 years of age is a class C misdemeanor for which the
minimum
fine is $200.
(c) Any person less than 18 years of age
who violates this section is a
juvenile offender under the Kansas juvenile justice code. Upon
adjudi-
cation thereof and as a condition of disposition, the court shall
require
the offender to pay a fine of not less than $200 nor more than
$500.
(d) In addition to any other penalty
provided for a violation of this
section, the court may order the offender to do either or both of
the
following:
(1) Perform 40 hours of public service;
or
(2) attend and satisfactorily complete a
suitable educational or train-
ing program dealing with the effects of alcohol or other chemical
sub-
stances when ingested by humans.
(e) This section shall not apply to the
possession and consumption of
cereal malt beverage by a person under the legal age for
consumption of
cereal malt beverage when such possession and consumption is
permitted
and supervised, and such beverage is furnished, by the person's
parent
or legal guardian.
(f) Any city ordinance or county
resolution prohibiting the acts pro-
hibited by this section shall provide a minimum penalty which is
not less
than the minimum penalty prescribed by this section.
(g) This section shall be part of and
supplemental to the Kansas liquor
control act.
New Sec. 5. (a) Any person listed
in subsections (b)(1), (b)(2) or
(b)(3) may engage or direct a person under 21 years of age to
violate the
provisions of the Kansas liquor control act in order to develop a
program
or system which determines and encourages compliance with the
provi-
sions of such act prohibiting the furnishing or sale of alcoholic
liquor to
a person under 21 years of age or the consumption of alcoholic
liquor by
such persons.
(b) No person shall engage or direct a
person under 21 years of age
to violate any provision of the Kansas liquor control act for
purposes of
determining compliance with the provisions of such act unless such
per-
son is:
(1) An officer having authority to
enforce the provisions of the Kansas
liquor control act;
(2) an authorized representative of the
attorney general, a county
attorney or a district attorney; or
(3) a licensee under the Kansas liquor
control act or such licensee's
designee pursuant to a self-compliance program designed to
increase
compliance with the provisions of the Kansas liquor control act if
such
program has been approved by the director.
New Sec. 6. (a) Any person listed
in subsections (b)(1), (b)(2) or
(b)(3) may engage or direct a person under 21 years of age to
violate the
provisions of the club and drinking establishment act in order to
develop
a program or system which determines and encourages compliance
with
the provisions of such act prohibiting the furnishing or sale of
alcoholic
liquor to a person under 21 years of age or the consumption of
alcoholic
liquor by such persons.
(b) No person shall engage or direct a
person under 21 years of age
to violate any provision of the club and drinking establishment act
for
purposes of determining compliance with the provisions of such act
unless
such person is:
(1) An officer having authority to
enforce the provisions of the club
and drinking establishment act;
(2) an authorized representative of the
attorney general, a county
attorney or a district attorney; or
(3) a licensee or permittee under the
club and drinking establishment
act or such licensee's or permittee's designee pursuant to a
self-compli-
ance program designed to increase compliance with the provisions of
the
club and drinking establishment act if such program has been
approved
by the director.
New Sec. 7. (a) Any person listed
in subsections (b)(1), (b)(2) or
(b)(3) may engage or direct a person under the legal age for
consumption
of cereal malt beverage to violate the provisions of K.S.A.
41-2701, et seq.,
and amendments thereto, in order to develop a program or system
which
determines and encourages compliance with the provisions thereof
pro-
hibiting the furnishing or sale of cereal malt beverages to a
person under
the legal age for consumption of cereal malt beverage or the
consumption
of cereal malt beverages by such persons.
(b) No person shall engage or direct a
person under the legal age for
consumption of cereal malt beverage to violate any provision of
K.S.A.
41-2701 et seq., and amendments thereto, for purposes of
determining
compliance therewith unless such person is:
(1) An officer having authority to
enforce the provisions of K.S.A. 41-
2701 et seq., and amendments thereto;
(2) an authorized representative of the
attorney general, a county
attorney or a district attorney; or
(3) a licensee under the provisions of
K.S.A. 41-2701, et seq., and
amendments thereto, or such licensee's designee pursuant to a
self-com-
pliance program designed to increase compliance with the provisions
of
K.S.A. 41-2701 et seq., and amendments thereto if such
program has been
approved by the director.
Sec. 8. K.S.A. 41-211 is hereby
amended to read as follows: 41-211.
(a) The rules and regulations adopted by the secretary of revenue
pur-
suant 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 labels attached to the containers and requiring that the
labels
attached to all original containers or packages of alcoholic
liquors sold or
offered for sale in this state shall set forth in plain and legible
print in the
English language the quantity of such liquors, exclusive of the
package
or cask containing them, in either metric or English
measurement;
(3) prescribing administrative procedures
for the issuance of licenses
and the investigation of license applications and providing for
advisory
recommendations from governing bodies of cities as to retailers'
licenses
and for hearings on applications;
(4) prescribing conditions for the
issuance of duplicate licenses in lieu
of those lost or destroyed;
(5) prescribing those violations of the
rules and regulations for which
licenses shall be suspended or revoked;
(6) establishing standards of purity,
sanitation and honest advertising
and representations;
(7) requiring the destruction of stamps
upon containers which have
been opened;
(8) in the case of manufacturers and
distributors of alcoholic liquors,
requiring the labels attached to all containers of such liquors
which are
intended for sale in this state to set forth, in plain legible
print in the
English language, the name and kind of alcoholic liquors
contained
therein, together with their alcoholic content, and if a blended
product
(except wine) to so state, except that, if the director deems it
unnecessary
to show the alcoholic content of beer on labels of containers of
beer, the
alcoholic content shall not be required to be shown thereon;
and
(9) establishing procedures and
conditions under which minors may
be engaged in programs or systems encouraging compliance with
the pro-
visions of laws relating to the sale of alcoholic liquor and
cereal malt
beverages to a person under 21 years of age or under the legal
age for
consumption of cereal malt beverages as authorized by sections
5, 6 and
7, and amendments thereto. Such regulations shall include
provisions
which require that such person used in any such program or
system to
be (A) at least 18 years of age and not more than 19 1/2 years
of age; (B)
exhibit a youthful appearance; (C) carry only one piece of
identification,
which shall be a valid form of identification; (D) truthful in
interactions
with licensees; except if asked, such person may deny working
with law
enforcement officials.
It shall be an absolute defense in any
civil proceeding or criminal pros-
ecution if any such program or system does not comply with the
proce-
dures and conditions required by such rules and
regulations;
(9)
(10) providing for such other details as are necessary
or conven-
ient to the administration and enforcement of this act.
(b) The secretary of revenue may adopt
rules and regulations pur-
suant to K.S.A. 41-210, and amendments thereto
establishing:
(1) Standards of manufacture of alcoholic
liquors and beer, regardless
of its alcoholic content, not inconsistent with federal laws, in
order to
insure the use of proper ingredients and methods in the manufacture
and
distribution thereof; and
(2) standards, not inconsistent with
federal law, for the proper label-
ing of containers or barrels, casks or other bulk containers or
bottles of
alcoholic liquor and beer, regardless of its alcoholic content,
manufac-
tured or sold in this state.
New Sec. 9. Any citation issued for
a violation of the liquor control
act or the club and drinking establishment act shall be delivered
to the
person allegedly committing the violation at the time of the
alleged vio-
lation. A copy of such citation also shall be delivered by United
States
mail to the licensee within 30 days of the alleged violation. If
such citation
and copy are not so delivered, the citation shall be void and
unenforce-
able.
New Sec. 10. 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 consumption of cereal
malt
beverage shall be issued a written notice of compliance with such
laws
within 30 days of the date of such operation.
Sec. 11. K.S.A. 41-211, 41-303 and
41-318 and K.S.A. 1999 Supp.
41-719, 41-719a and 41-727 are hereby repealed.
Sec. 12. This act shall take effect
and be in force from and after its
publication in the statute book.