K.S.A. Chapter 41

INTOXICATING LIQUORS AND BEVERAGES

Article 12.-Temporary Sales Permits

Current through May 2, 2019

 

41-1201     Temporary Permits; Permitted act; Requirements for Permit; Extended Premises; Employees

41-1202     Same; Purchase of Alcoholic Liquor

41-1203     Same; Dispensing and storing of alcoholic liquor

41-1204     Same; Samples

41-1205     Same; Keg Registration

41-1206     Same; Enforcement; Rules and Regulations; Definitions


41-1201. Temporary Permits; Permitted act; Requirements for Permit; Extended Premises; Employees

(a)   A temporary permit shall allow the permit holder to offer for sale, sell and serve alcoholic liquor for consumption on licensed or unlicensed premises, or on premises that are otherwise subject to a separate temporary permit, that may be open to the public, subject to the terms of such permit. A temporary permit shall also authorize the permit holder to sell, in accordance with rules and regulations adopted by the secretary, alcoholic liquor at a charitable auction, or one or more limited issue porcelain containers containing alcoholic liquor.

(b)   A temporary permit holder may charge a fee for entrance into the premises described in the permit, or any portion thereof.

(c)    The director may issue a temporary permit to any one or more persons or organizations applying for such a permit, in accordance with rules and regulations of the secretary. The permit shall be issued in the names of the persons or organizations to which it is issued.

(d)   Applications for temporary permits shall be required to be filed with the director not less than 14 days before the event for which the permit is sought, unless the director waives such requirement for good cause. The application shall be upon a form prescribed by the director. Each application shall be electronically submitted and accompanied by a non-refundable permit fee of $25 for each day for which the permit is issued, and such fee shall be paid by a check or credit card in the full amount thereof. All permit fees collected by the director pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.

(d)   Each application for a temporary permit shall specify the premises for which they are issued, including a diagram of the premises covered by the temporary permit. The diagram shall clearly show the boundaries of the premises, entrances to and exits from the premises and the area in which the service of alcoholic liquor would take place. A temporary permit shall be issued only for premises where the city, county or township zoning code allows the use for which the permit is issued. No temporary permit shall be issued for premises that are not located in a county where the qualified electors of the county:

        (1)   (A)   Approved, by a majority vote of those voting thereon, to adopt the proposition amending section 10 of article 15 of the constitution of the state of Kansas at the general election in November, 1986; or

                (B)   have approved a proposition to allow the sale of liquor by the individual drink in public places within the county at an election pursuant to K.S.A. 41-2646, and amendments thereto; and

        (2)   have not approved a proposition to prohibit such sales of alcoholic liquor in such places at a subsequent election pursuant to K.S.A. 41-2646, and amendments thereto.

(e)   (1)   A temporary permit may be issued for the consumption of alcoholic liquor on a city, county or township street, alley, road, sidewalk or highway for an event if: (A) Such street, alley, road, sidewalk or highway is closed to motor vehicle traffic by the governing body of such city, county or township for such event; (B) a written request for such consumption and possession of such alcoholic liquor has been made to the local governing body; and (C) the event has been approved by the governing body of such city, county or township by ordinance or resolution. The boundaries of any such event shall be clearly marked by signs, a posted map or other means which reasonably identify the area in which alcoholic liquor may be possessed or consumed at such event.

        (2)   Drinking establishments that are immediately adjacent to, or located within the licensed premises of an event, for which a temporary permit has been issued and the consumption of alcoholic liquor on public property has been approved, may request that the drinking establishment's licensed premises be extended into and made a part of the licensed premises of the event, for the duration of the temporary permit issued for such event.

        (3)   Each licensee selling alcoholic liquor for consumption on the premises of an event for which a temporary permit has been issued shall be liable for violations of all laws governing the sale and consumption of alcoholic liquor.

        (4)   Each temporary permit holder selling alcoholic liquor for consumption on the permit premises shall be liable for all violations of laws governing the sale and consumption of alcoholic liquor that occur in areas covered by multiple temporary permits.

(f)    (1)   Except as otherwise provided in this subsection, a temporary permit shall be issued for a period of time not to exceed three consecutive days, the dates and hours of which shall be specified in the permit. An applicant may not be issued more than four temporary permits in a calendar year.

        (2)   The director may issue a sufficient number of temporary permits as required by the state fair board, valid for the entire period of time of the Kansas state fair, which authorizes the sale of wine in its original, unopened container and the serving by the drink of wine or beer, or both, on the state fairgrounds on premises specified in the temporary permit, by a person who has entered into an agreement with the state fair board for that purpose subject to the conditions imposed by the state fair board. Nothing in this paragraph shall be construed to limit the number of temporary permits the director may issue for the sale of wine or beer, or both, on the state fairgrounds consistent with the requirements of the state fair board.

        (3)   For an event approved by the governing body of a city, county or township pursuant to subsection (e)(1), the director may issue a temporary permit, which may, at the director's discretion, be valid for the entire period of such event, but in no event shall such permit be issued for a period of time that exceeds 30 consecutive days.

(g)   An application for a temporary permit may be rejected by the director if:

        (1)   The applicant has been granted four permits in the current calendar year;

        (2)   the application was not filed with the director at least 14 days prior to the event;

        (3)   the applicant, or any officer, director, partner, registered agent, trustee, manager or owner of the applicant has previously owned or operated any entity holding a temporary permit, club, drinking establishment or caterer's license, had such permit or license surrendered, and at the time such permit or license was surrendered had been ordered to appear and show cause why the permit or license should not be revoked or suspended;

        (4)   the applicant has designated an area for an event that was the subject of the order to appear and show cause as set forth in paragraph (3), and it appears that the new application for a temporary permit covering the premises is an attempt to avoid any possible remedial action taken by the director against the former permit or license holder; or (5) the applicant has had a license or permit revoked under the club and drinking establishment act, or has been convicted of a violation of the Kansas liquor control act, the club and drinking establishment act, the Kansas cereal malt beverage act or the provisions of K.S.A. 79-41a01 et seq., and amendments thereto.

(h)   (1)   A temporary permit holder may purchase and possess alcoholic liquor for resale for a period of three days prior to the first day of sale of such alcoholic liquor. A distributor may, without any further permission from the director, deliver such alcoholic liquor to the permit premises.

        (2)   If a licensee has sold alcoholic liquor to a temporary permit holder, and a distributor directly delivers such alcoholic liquor to such temporary permit holder, but such licensee's normal hours of operation make immediate payment to the distributor impossible, the licensee may pay the retailer and the retailer may pay the distributor for such alcoholic liquor within 48 hours of the sale.

        (3)   Within three business days after the end of an event conducted pursuant to a temporary permit, the temporary permit holder may sell back to the retailer or farm winery from whom alcoholic liquor was purchased any alcoholic liquor sold to the temporary permit holder for such event.

        (4)   Upon written permission from the director and after four business days after the end of an event conducted pursuant to a temporary permit, the temporary permit holder may sell back to the licensee from whom alcoholic liquor was purchased any alcoholic liquor sold to the temporary permit holder for such event.

(i)    A temporary permit shall not be transferable or assignable.

(j)    Each temporary permit holder shall not employ or use the services of any person:

        (1)   Who is under the age of 18 years to serve alcoholic liquor;

        (2)   who is under the age of 21 years to mix or dispense drinks containing alcoholic liquor;

        (3)   who is under the age of 21 and not supervised by the temporary permit holder or an employee who is at least 21 years of age;

        (4)   who has been convicted of a felony or of any crime involving a morals charge to dispense, mix or serve alcoholic liquor; or

        (5)   who has been convicted within the previous two years of a violation of any intoxicating liquor law of this state, any other state or the United States, to dispense, mix or serve alcoholic liquor.

History: L. 2019, ch. 57, § 1; May 2.


41-1202 Temporary Permits; Purchase of Alcoholic Liquor

(a)   A temporary permit holder shall only purchase alcoholic liquor from a retailer or a farm winery and may receive delivery of such alcoholic liquor from a distributor.

(b)   Temporary permit holders shall only purchase alcoholic liquor from a retailer who possesses a federal wholesaler's basic permit and who has a sign on display at the licensed premises that states that the licensee is a "Wholesale Liquor Dealer Under Federal Law." All alcoholic liquor purchased on any one day shall be removed from the licensed premises of the retailer or farm winery within 48 hours. Temporary permit holders shall not warehouse any alcoholic liquor on the licensed premises of any retailer or farm winery for more than 48 hours.

(c)    Each temporary permit holder, when purchasing alcoholic liquor from a retailer or farm winery, shall obtain and keep for at least one year from the date of purchase a sales receipt that contains the following information:

        (1)   The date of purchase;

        (2)   the name and address of the retailer or farm winery;

        (3)   the name and address of the temporary permit holder as it appears on the temporary permit;

        (4)   the brand, size, proof and amount of all alcoholic liquor purchased; and

        (5)   the subtotal of the cost of all alcoholic liquor purchased, and the total cost of such purchase, including enforcement tax.

(d)   Each temporary permit holder shall be responsible for all violations of the club and drinking establishment act by the following people while on the permit premises:

        (1)   An employee of the temporary permit holder, or of any person contracting with the temporary permit holder to provide services or food in connection with an event; or

        (2)   any individual dispensing, mixing or serving alcoholic liquor at an event.

(e)   Except for a temporary permit holder who has obtained such permit for the sale of alcoholic liquor at a charitable auction or for the sale of one or more limited issue porcelain containers containing alcoholic liquor, no temporary permit holder shall sell alcoholic liquor for removal from or consumption off the licensed premises, except that alcoholic liquor may be removed to a drinking establishment that has extended its premises into the event area in accordance with K.S.A. 41-2608, and amendments thereto.

(f)    The boundary of any premises covered by a temporary permit shall be marked by a line of demarcation.

History: L. 2019, ch. 57, § 2; May 2.


41-1203. Temporary Permits; Dispensing and storing of alcoholic liquor

(a)   All alcoholic liquor sold at an event covered by a temporary permit shall be dispensed only from original containers.

(b)   An individual may carry an original container of alcoholic liquor onto the event premises with the approval of the temporary permit holder and under the following conditions:

        (1)   The temporary permit holder shall not store any such containers of alcoholic liquor on the event premises; and

        (2)   each individual carrying any such container onto the event premises shall remove such container when the individual exits the event premises.

History: L. 2019, ch. 57, § 3; May 2.


41-1204. Temporary Permits; Samples

        Notwithstanding any other provisions of the Kansas liquor control act or the club and drinking establishment act to the contrary, any person or entity who is issued a temporary permit may provide samples of wine, beer and distilled spirits on the permit premises as follows:

(a)   All wine, beer and spirits sampled shall come from the inventory of the temporary permit holder. Except as provided by paragraph (2), a person other than the temporary permit holder, or such permit holder's agent or employee, may not dispense or participate in the dispensing of alcoholic beverages under this section.

(b)   A supplier's permit holder, or such permit holder's agent or employee, may provide samples of wine, beer and distilled spirits on the permit premises, and may open, touch or pour such alcoholic liquor, make a presentation, or answer questions at such sampling events. Any alcoholic liquor sampled under this subsection must be purchased from a retailer or the temporary permit holder on whose premises the sampling event is held.

(c)    No charge of any sort may be made for a sample serving.

(d)   A person may be served more than one sample. Samples may not be served to a minor. No samples may be removed from the permit premises.

(e)   The act of providing samples to consumers shall be exempt from the requirement of holding a Kansas food service dealer license from the department of agriculture under the provisions of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.

History: L. 2019, ch. 57, § 4; May 2.

 

41-1205. Temporary Permits; Keg Registration

        The provisions of beer and cereal malt beverage keg registration act, K.S.A. 41-2901 through 41-2906, and amendments thereto, shall not apply to retail sales of alcoholic liquor to temporary permit holders.

History: L. 2019, ch. 57, § 5; May 2.


41-1206. Temporary Permits; Enforcement; Rules and Regulations; Definitions

(a)   The provisions of sections 1 through 5, and amendments thereto, shall be subject to the enforcement provisions of the Kansas liquor control act and the club and drinking establishment act and the rules and regulations adopted under such acts.

(b)   The secretary of revenue may adopt rules and regulations for the administration and enforcement of sections 1 through 5, and amendments thereto.

(c)    Those terms used in sections 1 through 5, and amendments thereto, that are defined in K.S.A. 41-102 or 41-2601, and amendments thereto, shall have the same meaning as such terms are defined in K.S.A. 41-102 or 41-2601, and amendments thereto, as the case may be.

History: L. 2019, ch. 57, § 6; May 2.