SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2059
As Amended by Senate Committee of the Whole
Brief*
HB 2059, as amended, would amend various provisions
of the Kansas Liquor Control Act (KLCA) and Club and
Drinking Establishment Act (CDEA) concerning samples and
common consumption areas and the KLCA provisions
concerning prohibited acts to allow alcoholic liquor or cereal
malt beverages (CMB) to be the prize of a charitable raffle.
Product Samples
The bill would amend the KLCA provisions on the
licensing of spirits, wine, and CMB distributors concerning
samples of products provided to retailers and to club and
drinking establishment licensees.
Spirits
The bill would allow a sample of up to three liters of
distilled spirits to be provided to club and drinking
establishment licensees and employees of the establishment.
Continuing law allows samples to be provided to distributors,
retailers, and their employees.
Wine
The bill would allow a sample of up to three liters of any
brand of wine to be provided to a club and drinking
establishment licensee. Continuing law allows a sample to be
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org provided to club and drinking establishment licensees,
distributors, retailers, and their employees.
Beer
The bill would allow a sample of up to three gallons of
any brand of beer or CMB to be provided to a club and
drinking establishment licensee. Continuing law allows a
sample to be provided to club and drinking establishment
licensees, distributors, retailers, and their employees.
Sample Products
The bill would require such sample to be of a product
the licensee has not purchased from the distributor within the
previous 12 months.
Common Consumption Areas
The bill would amend the CDEA provisions related to
common consumption areas to remove the requirement that a
city or county require the portions of common consumption
areas on public streets or roadways to be blocked from
motorized traffic during events.
The bill would also require each common consumption
area to be marked by signs that are conspicuously posted,
identifying the boundaries of such area, and in a size and
manner that provides notice to persons entering or leaving
the area.
Charitable Raffles
The bill would amend KLCA provisions concerning
prohibited acts to allow liquor or CMB to be a prize of a
charitable raffle conducted in accordance with the Kansas
Charitable Gaming Act, provided such prize may not be
awarded to a person under 21 years of age.
2- 2059 Technical Amendments
The bill would make technical amendments to ensure
consistency in statutory phrasing.
Effective Date
The bill would be in effect upon publication in the
Kansas Register.
Background
The bill was requested for introduction in the House
Committee on Federal and State Affairs by a representative
of the City of Topeka.
House Committee on Federal and State Affairs
In the House Committee hearing, Representative Blew
and representatives of the City of Topeka, Kansas League of
Municipalities, Kansas Restaurant and Hospitality
Association, and the NOTO Arts and Entertainment District
provided proponent testimony, stating the bill would help
cities designate larger and more open areas for events with
common consumption area permits and to attract additional
patrons.
Neutral testimony was provided by a representative of
the Division of Alcoholic Beverage Control (ABC), Department
of Revenue, who stated the agency has some public safety
concerns and would prefer additional language be added
concerning liability.
No other testimony was provided.
The House Committee amended the bill to replace the
proposed language that would allow the use of appropriate
signage to mark a common consumption area with language
3- 2059 that would require common consumption area signage to be
in a size and manner that provides notice to patrons of the
boundaries.
Senate Committee on Federal and State Affairs
In the Senate Committee hearing, representatives of the
City of Topeka, Kansas League of Municipalities, and Kansas
Restaurant and Hospitality Association provided proponent
testimony that was similar to the testimony provided to the
House Committee.
Written-only proponent testimony was provided by
Representative Blew, and representatives of the Greater
Topeka Chamber of Commerce and the NOTO Arts and
Entertainment District.
Neutral testimony was provided by a representative of
the Division of ABC, Department of Revenue, who stated the
agency has some public safety concerns.
No other testimony was provided.
The Senate Committee on Federal and State Affairs
amended the bill by inserting the provisions of HB 2170, as
passed by the House, and by changing the effective date to
upon publication in the Kansas Register. Background
information for HB 2170 is listed below.
HB 2170 (Samples)
HB 2170 was introduced by the House Committee on
Federal and State Affairs at the request of Representative
Will Carpenter.
4- 2059 House Committee on Federal and State Affairs
In the House Committee hearing, proponent testimony
was provided by representatives of the Kansas Association of
Beverage Retailers, Kansas Beer Wholesalers Association,
and Kansas Wine & Spirits Wholesalers Association. The
proponents indicated the bill would conform Kansas law to
Federal Tax and Trade Bureau rules in regard to sampling
among industry members. One of the proponents
recommended an amendment to the bill, requesting HB 2170
become effective upon publication in the Kansas Register.
Neutral testimony was provided by a representative of
the ABC, Department of Revenue, who stated that if HB 2170
is enacted, ABC would begin the process of revoking the
portion of the rule and regulation that conflicts with the new
law.
No other testimony was provided.
Senate Committee of the Whole
The Senate Committee of the Whole amended the bill to
allow liquor and CMB to be provided as prizes for charitable
raffles. [Note: Provisions concerning prizes for charitable
raffles are similar to SB 269.]
Fiscal Information
HB 2059
According to the fiscal note prepared by the Division of
the Budget on HB 2059, as introduced, the Kansas
Association of Counties indicates enactment of the bill could
increase revenues to counties from additional application
fees, provided that enforcement costs would not exceed new
revenues. The League of Kansas Municipalities indicates
enactment of the bill would have no fiscal effect.
5- 2059 HB 2170
According to the fiscal note prepared by the Division of
the Budget on HB 2170, as introduced, the Department of
Revenue indicates enactment of the bill would have no fiscal
effect.
Alcoholic beverages; beer; cereal malt beverage; common consumption area;
distributor; drinking establishment; spirits; wine; sample; alcohol sampling; charitable
raffle; Kansas Charitable Gaming Act; Kansas Liquor Control Act; Club and Drinking
Establishment Act
6- 2059