An Act concerning intoxicating liquors and
beverages; relating to the regulation and con-
sumption thereof; amending K.S.A. 41-102,
41-302 and 41-308a and K.S.A. 1997 Supp.
41-719, as amended by section 8 of 1998 House
Bill No. 2899, and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 41-102 is hereby amended to read as
follows: 41-
102. As used in this act, unless the context clearly requires
otherwise:
(a) ``Alcohol'' means the product of distillation of any
fermented liq-
uid, whether rectified or diluted, whatever its origin, and
includes syn-
thetic ethyl alcohol but does not include denatured alcohol or wood
al-
cohol.
(b) ``Alcoholic liquor'' means alcohol, spirits, wine, beer
and every
liquid or solid, patented or not, containing alcohol, spirits, wine
or beer
and capable of being consumed as a beverage by a human being, but
shall
not include any cereal malt beverage.
(c) ``Beer'' means a beverage, containing more than 3.2%
alcohol by
weight, obtained by alcoholic fermentation of an infusion or
concoction
of barley, or other grain, malt and hops in water and includes
beer, ale,
stout, lager beer, porter and similar beverages having such
alcoholic con-
tent.
(d) ``Caterer'' has the meaning provided by K.S.A.
41-2601, and
amendments thereto.
(e) ``Cereal malt beverage'' has the meaning provided by
K.S.A. 41-
2701, and amendments thereto.
(f) ``Club'' has the meaning provided by K.S.A.
41-2601, and amend-
ments thereto.
(g) ``Director'' means the director of alcoholic beverage
control of the
department of revenue.
(h) ``Distributor'' means the person importing or causing to
be im-
ported into the state, or purchasing or causing to be purchased
within
the state, alcoholic liquor for sale or resale to retailers
licensed under this
act or cereal malt beverage for sale or resale to retailers
licensed under
K.S.A. 41-2702, and amendments thereto.
(i) ``Domestic beer'' means beer which contains not more than
8%
alcohol by weight and which is manufactured from agricultural
products
grown in this state.
(j) ``Domestic fortified wine'' means wine which contains
more than 14%, but not more than 20% alcohol by volume and which is
manufac- tured from agricultural products grown in this state without
rectification.
(j)(k) ``Domestic table wine'' means
wine which contains not more
than 14% alcohol by volume and which is manufactured without
rectifi-
cation or fortification from agricultural products grown in this
state.
(k)(l) ``Drinking establishment'' has
the meaning provided by K.S.A.
41-2601, and amendments thereto.
(l)(m) ``Farm winery'' means a winery
licensed by the director to
manufacture, store and sell domestic table wine and domestic
fortified wine.
(m)(n) ``Manufacture'' means to
distill, rectify, ferment, brew, make,
mix, concoct, process, blend, bottle or fill an original package
with any
alcoholic liquor, beer or cereal malt beverage.
(n)(o) (1) ``Manufacturer''
means every brewer, fermenter, distiller,
rectifier, wine maker, blender, processor, bottler or person who
fills or
refills an original package and others engaged in brewing,
fermenting,
distilling, rectifying or bottling alcoholic liquor, beer or cereal
malt bev-
erage.
(2) ``Manufacturer'' does not include a microbrewery or a farm
win-
ery.
(o)(p) ``Microbrewery'' means a
brewery licensed by the director to
manufacture, store and sell domestic beer.
(p)(q) ``Minor'' means any person
under 21 years of age.
(q)(r) ``Nonbeverage user'' means any
manufacturer of any of the
products set forth and described in K.S.A. 41-501, and
amendments
thereto, when the products contain alcohol or wine, and all
laboratories
using alcohol for nonbeverage purposes.
(r)(s) ``Original package'' means any
bottle, flask, jug, can, cask, bar-
rel, keg, hogshead or other receptacle or container whatsoever,
used,
corked or capped, sealed and labeled by the manufacturer of
alcoholic
liquor, to contain and to convey any alcoholic liquor. Original
container
does not include a sleeve.
(s)(t) ``Person'' means any natural
person, corporation, partnership,
trust or association.
(t)(u) ``Primary American source of
supply'' means the manufacturer,
the owner of alcoholic liquor at the time it becomes a marketable
product
or the manufacturer's or owner's exclusive agent who, if the
alcoholic
liquor cannot be secured directly from such manufacturer or owner
by
American wholesalers, is the source closest to such manufacturer
or
owner in the channel of commerce from which the product can be
se-
cured by American wholesalers.
(u)(v) (1) ``Retailer'' means a
person who sells at retail, or offers for
sale at retail, alcoholic liquors.
(2) ``Retailer'' does not include a microbrewery or a farm
winery.
(v)(w) ``Sale'' means any transfer,
exchange or barter in any manner
or by any means whatsoever for a consideration and includes all
sales
made by any person, whether principal, proprietor, agent, servant
or em-
ployee.
(w)(x) ``Salesperson'' means any
natural person who:
(1) Procures or seeks to procure an order, bargain, contract
or agree-
ment for the sale of alcoholic liquor or cereal malt beverage;
or
(2) is engaged in promoting the sale of alcoholic liquor or
cereal malt
beverage, or in promoting the business of any person, firm or
corporation
engaged in the manufacturing and selling of alcoholic liquor or
cereal
malt beverage, whether the seller resides within the state of
Kansas and
sells to licensed buyers within the state of Kansas, or whether the
seller
resides without the state of Kansas and sells to licensed buyers
within the
state of Kansas.
(x)(y) ``Secretary'' means the
secretary of revenue.
(y)(z) (1) ``Sell at retail''
and ``sale at retail'' refer to and mean sales
for use or consumption and not for resale in any form and sales to
clubs,
licensed drinking establishments, licensed caterers or holders of
tempo-
rary permits.
(2) ``Sell at retail'' and ``sale at retail'' do not refer to
or mean sales
by a distributor, a microbrewery, a farm winery, a licensed club, a
licensed
drinking establishment, a licensed caterer or a holder of a
temporary
permit.
(z)(aa) ``To sell'' includes to
solicit or receive an order for, to keep
or expose for sale and to keep with intent to sell.
(aa)(bb) ``Sleeve'' means a package
of two or more 50-milliliter (3.2-
fluid-ounce) containers of spirits.
(bb)(cc) ``Spirits'' means any
beverage which contains alcohol ob-
tained by distillation, mixed with water or other substance in
solution,
and includes brandy, rum, whiskey, gin or other spirituous liquors,
and
such liquors when rectified, blended or otherwise mixed with
alcohol or
other substances.
(cc)(dd) ``Supplier'' means a
manufacturer of alcoholic liquor or ce-
real malt beverage or an agent of such manufacturer, other than a
sales-
person.
(dd)(ee) ``Temporary permit'' has the
meaning provided by K.S.A.
41-2601, and amendments thereto.
(ee)(ff) ``Wine'' means any alcoholic
beverage obtained by the normal
alcoholic fermentation of the juice of sound, ripe grapes, fruits,
berries
or other agricultural products, including such beverages containing
added
alcohol or spirits or containing sugar added for the purpose of
correcting
natural deficiencies.
Sec. 2. K.S.A. 41-302 is hereby amended to read as
follows: 41-302. (a) The question of licensing the retail sale of alcoholic
liquors by the
package shall be submitted by the governing body of any city at any
reg-
ular general city election occurring in such city whenever a
petition re-
questing such submission has been filed with the city clerk of any
such
city as hereinafter provided.
Such question shall not be submitted at any regular general
city election in any city more often than once in any four
years. In cities of the first
and second class, any such petition shall be signed by such number
of
electors of such city as shall at least equal 30%which equals 30% or more
of the total vote cast in such city at the last general election
for the office
of secretary of state; and. In cities of
the third class, any such petition
shall be signed by such number of electors of such city as
shall at least equal 40%which equals 40% or more of the
total vote cast at the last
general city election held in such city of the third class for
candidates for
the city office for which the greatest number of total votes were
cast.
Each sheet of each petition shall comply with the provisions of
K.S.A. 25-
3601 through 25-3607, and amendments thereto. No signature on
such
petition shall be valid unless appended to the petition within the
last 90
days prior to the date of filing the petition with the city
clerk.
Such petition shall be filed not less than 40 nor more than 60 days
prior
to the date of the election. After any such petition has been filed
no
signature shall be withdrawn and no signature shall be added. The
gov-
erning body of the city shall have the power to determine the
sufficiency
of any such petition. Any person who signs a proposal or petition
contem- plated underauthorized by this section and
who knowingly is not a qual-
ified elector in the place where such proposal or petition is made,
or who
aids or abets any other persons in doing any of the acts mentioned,
or
any person who bribes, gives or pays any money or thing of value to
any
person directly or indirectly to induce such person to sign such
proposal
or petition shall be guilty of a misdemeanor and upon conviction
thereof
shall be punished by fine of not more than $300 or by imprisonment
of
not more than 90 days, or by both such fine and imprisonment in
the
discretion of the court.
(b) Upon the ballot the proposition shall be stated as
follows:
``Shall the sale of alcoholic liquors by the
package YES
be licensed in (here insert the name of the
city)?'' NO
Voters desiring to vote in favor of the sale of alcoholic liquors
by the
package shall place a cross or check mark in the square
opposite the word
``Yes'' and those desiring to vote against the sale of alcoholic
liquor by the
package shall place a cross or check mark in the square
opposite the word
``No.''
(c) Upon the filing of a sufficient petition or
upon the adoption of a proper resolution as herein provided, the
governing body shall call any
election required by this section and notice of such election shall
be given
in like manner as now provided by law for the notice of
bond elections in such citythe manner provided by the general
bond law. The provisions
of the laws of this state relating to election officers, voting
places, election
places and blanks, preparation and form of ballots, information to
voters,
delivery of ballots, calling of elections, conduct of elections,
manner of
voting, counting of votes, records and certificates of election,
and recounts
of votes, so far as applicable, shall apply to voting on the
proposition under
the provisions of this act.
(d) The majority of those voting on the proposition
shall be manda-
tory upon the director insofar as licensing the sale of such
liquors therein
by the package is concerned. In the absence of any vote on the
question
of licensing the sale of such liquors in cities of the first and
second class
wherein a majority of the qualified electors of such city who voted
on the
proposition to amend section 10 of article 15 of the constitution
of the
state of Kansas at the general election held in November, 1948,
shall have
voted in favor of the adoption of such proposition and in cities of
the
third class located in townships wherein a majority of the
qualified elec-
tors voted in favor of such constitutional amendment and in the
absence
of any further vote in cities of the first, second or third class
in which a
majority of the qualified electors of such city shall have voted at
any
special or general city election in favor of the licensing of the
sale of
alcoholic liquor by the package, the director shall continue to
issue li-
censes to sell the same by the package therein for periods of one
year,
subject to all the terms and conditions of this act.
(e) If a majority of the electors voting at any such
election shall vote
against licensing the sale of alcoholic liquors by the package, the
holder
of any valid existing retailer's license for premises in such city
shall have
the right to continue to operate under such license for a period
not to
exceed 90 days after the result of such election is canvassed or
until the
expiration of such license, whichever period of time is the
shorter. In the event thatIf such period of time expires
before the expiration of the term
for which the retailer's license was issued, then
such licensee shall be
entitled to a refund of that portion of the license period which is
una-
vailable to such licensee in accordance with rules and regulations
estab-
lished by the secretary of revenue.
(f) For the purpose of determining as provided in
K.S.A. 41-301, and
amendments thereto, and in this section whether a majority
of the qual-
ified electors of a township in which a city of the third class is
located
voted against the adoption of the liquor amendment at the general
elec-
tion held in November, 1948, if any city of the third class is
located in
two or more townships, the total vote for and against the amendment
in
all the townships in which such city is located shall be used to
determine
whether such city is located in a township in which a majority of
the
qualified electors voted against the amendment.
Sec. 3. K.S.A. 41-308a is hereby amended to read as
follows: 41-
308a. (a) A farm winery license shall allow:
(1) The manufacture of domestic table wine and domestic
fortified wine and the storage thereof;
(2) the sale of wine, manufactured by the licensee, to
licensed wine
distributors, retailers, clubs, drinking establishments and
caterers;
(3) the sale, on the licensed premises in the original
unopened con-
tainer to consumers for consumption off the licensed premises, of
wine
manufactured by the licensee;
(4) the serving on the licensed premises of samples of wine
manu-
factured by the licensee or imported under subsection (f), if the
premises
are located in a county where the sale of alcoholic liquor is
permitted by
law in licensed drinking establishments; and
(5) if the licensee is also licensed as a club or drinking
establishment,
the sale of domestic wine, domestic fortified wine and other
alcoholic
liquor for consumption on the licensed premises as authorized by
the
club and drinking establishment act.
(b) Upon application and payment of the fee prescribed by
K.S.A.
41-310, and amendments thereto, by a farm winery
licensee, the director
may issue not to exceed two winery outlet licenses to the farm
winery
licensee. A winery outlet license shall allow:
(1) The sale, on the licensed premises in the original
unopened con-
tainer to consumers for consumption off the licensed premises, of
wine
manufactured by the licensee; and
(2) the serving on the licensed premises of samples of wine
manu-
factured by the licensee or imported under subsection (f), if the
premises
are located in a county where the sale of alcoholic liquor is
permitted by
law in licensed drinking establishments.
(c) Not less than 60% of the products utilized in the
manufacture of
domestic table wine and domestic fortified wine by a farm
winery shall
be grown in Kansas except when a lesser proportion is authorized by
the
director based upon the director's findings and judgment. The label
of
domestic wine and domestic fortified wine shall indicate
that a majority
of the products utilized in the manufacture of the wine at such
winery
were grown in Kansas.
(d) A farm winery having a capacity of 50,000 gallons per year
or more
which sells wine to any distributor shall be required to comply
with all
provisions of article 4 of chapter 41 of the Kansas Statutes
Annotated and
of K.S.A. 41-701 through 41-705 and 41-709, and amendments
thereto,
in the same manner and subject to the same penalties as a
manufacturer.
(e) A farm winery or winery outlet may sell domestic wine
and do- mestic fortified wine in the original unopened container to
consumers for
consumption off the licensed premises at any time between 6 a.m.
and
12 midnight on any day except Sunday and between 12 noon and 6
p.m.
on Sunday. If authorized by subsection (a), a farm winery may serve
sam-
ples of domestic wine, domestic fortified wine and wine
imported under
subsection (f) and serve and sell domestic wine, domestic
fortified wine
and other alcoholic liquor for consumption on the licensed premises
at
any time when a club or drinking establishment is authorized to
serve
and sell alcoholic liquor. If authorized by subsection (b), a
winery outlet
may serve samples of domestic wine, domestic fortified wine
and wine
imported under subsection (f) at any time when the winery outlet is
au-
thorized to sell domestic wine and domestic fortified
wine.
(f) The director may issue to the Kansas state fair or any
bona fide
group of grape growers or wine makers a permit to import into this
state
small quantities of wines. Such wine shall be used only for bona
fide
educational and scientific tasting programs and shall not be
resold. Such
wine shall not be subject to the tax imposed by K.S.A.
41-501,and amend-
ments thereto. The permit shall specifically
identify specifically the brand
and type of wine to be imported, the quantity to be imported, the
tasting
programs for which the wine is to be used and the times and
locations of
such programs. The secretary shall adopt rules and regulations
governing
the importation of wine pursuant to this subsection and the conduct
of
tasting programs for which such wine is imported.
(g) A farm winery license or winery outlet license shall apply
only to
the premises described in the application and in the license issued
and
only one location shall be described in the license.
(h) No farm winery or winery outlet shall:
(1) Employ any person under the age of 18 years in connection
with
the manufacture, sale or serving of any alcoholic liquor;
(2) permit any employee of the licensee who is under the age
of 21
years to work on the licensed premises at any time when not under
the
on-premise supervision of either the licensee or an employee of the
li-
censee who is 21 years of age or over;
(3) employ any person under 21 years of age in connection with
mix-
ing or dispensing alcoholic liquor; or
(4) employ any person in connection with the manufacture or
sale of
alcoholic liquor if the person has been convicted of a felony.
(i) Whenever a farm winery or winery outlet licensee is
convicted of
a violation of the Kansas liquor control act, the director may
revoke the
licensee's license and order forfeiture of all fees paid for the
license, after
a hearing before the director for that purpose in accordance with
the
provisions of the Kansas administrative procedure act.
(j) This section shall be part of and supplemental to the
Kansas liquor
control act.
Sec. 4. K.S.A. 1997 Supp. 41-719, as amended by section 8
of 1998
House Bill No. 2899, is hereby amended to read as follows: 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) On property exempted from this subsection (c) pursuant to
sub-
section (d), (e), (f), (g) or (h).
(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) 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 provisions of subsection (c) shall not apply to
functions or activities held in the Hiram Price Dillon house or on its
surrounding premises, except to the extent limitations are established in
policies adopted by the legislative coordinating council, as provided by
K.S.A. 75- 3682, and amendments thereto.
(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. 5. K.S.A. 41-102, 41-302 and 41-308a and K.S.A. 1997
Supp.
41-719, as amended by section 8 of 1998 House Bill No. 2899, are
hereby
repealed.
Sec. 6. This act shall take effect and be in force from
and after its
publication in the statute book.