SESSION OF 2023
CONFERENCE COMMITTEE REPORT BRIEF
HOUSE BILL NO. 2059
As Agreed to April 3, 2023
Brief*
HB 2059 would amend various provisions of the Kansas Liquor Control Act (KLCA),
Kansas Cereal Malt Beverage (CMB) Act, and Club and Drinking Establishment Act (CDEA)
concerning remittance of gallonage taxes, samples, Sunday sales, the food sales requirement,
and common consumption areas. The bill would also permit food establishments to allow dogs
in outside areas on the premises and provide an exception to the Kansas Food Code for
microbreweries to allow dogs in inside areas, if certain conditions are met.
Remittance of Gallonage Taxes
The bill would amend provisions of the KLCA to require gallonage taxes by holders of a
special order shipping license to be submitted to the Secretary of Revenue monthly rather than
quarterly, as required in current law.
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
licensee. Continuing law allows a sample to be provided to club and drinking establishment
licensees, distributors, retailers, and their employees.
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*Conference committee report briefs are prepared by the Legislative Research Department and do not express
legislative intent. No summary is prepared when the report is an agreement to disagree. Conference committee
report briefs may be accessed on the Internet at http://www.kslegislature.org/klrd
1 - 2059 Beer
The bill would allow a sample of up to three gallons of any brand of beer or CMB to be
provided to a 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 a sample to be of a product the licensee has not purchased from the
distributor within the previous 12 months.
Sunday Sales—Food Sales Requirement
The bill would amend the CMB Act’s provisions regarding on-premises sales of CMB on
Sunday to remove the 30 percent food sales requirement for Sunday sales. In continuing law,
Sunday sales must have been authorized by the county or city where the licensee is located.
[Note: There is no food sales requirement for other days of the week.]
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 regarding 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 would not be awarded to a person under 21 years of age.
Dogs at Food Establishments and Microbreweries
The bill would permit food establishments to allow dogs in outside areas on the premises if
certain conditions are met and would provide a specific exception from the Kansas Food Code
for microbreweries to allow dogs in inside areas upon meeting an additional condition.
[Note: Under current law, a food establishment may apply for a variance to be allowed to
permit dogs in outside areas.]
2 - 2059 Dogs at Food Establishments
The bill would allow a food establishment to permit dogs in outside areas on its premises if
the following conditions are met:
●The establishment shall prepare a written plan detailing the processes and
procedures to prevent food contamination from dogs on the premises and post the
plan next to the food establishment license inside the premises of the establishment;
●Employees of the establishment shall be trained on the plan, and the plan shall be
made available to the Kansas Department of Agriculture (KDA) upon request;
●Dogs shall be under handler control, well behaved, and respond to their handler’s
command;
●Dogs belonging to guests of the microbrewery shall be leashed at all times;
●Dogs shall not be permitted on dining surfaces, including tables, bars, or counter
tops;
●Dogs shall not be fed or watered from any food establishment equipment, including,
but not limited to, plates, bowls, and utensils, except for single-service items that are
disposed of immediately following use;
●An area outside the food establishment shall be designated for dog urination and
defecation;
●Employees shall be required to wash their hands after contact of any kind with a dog
prior to handling any food, drink, utensil, or food or drink production, preparation or
serving equipment, or the preparation or use of surfaces that may come into contact
with food or drink;
●Guests shall be advised to wash their hands after any contact with a dog; and
●The establishment shall develop and follow a process for immediately sanitizing
equipment or surfaces used for the production, preparation, serving, or consumption
of food or drink if a dog has contact with the equipment or surfaces, including
instructions for disposing of contaminated food or drink.
Dogs at Microbreweries
In addition to the provisions that permit dogs in outside areas of all food establishments,
food establishments that are microbreweries would be permitted to allow dogs in inside areas,
but dogs would not be permitted in food or drink preparation areas, including, but not limited to,
kitchens and behind bars.
Technical Amendments
The bill would make technical amendments to ensure consistency in statutory phrasing.
3 - 2059 Effective Date
The provisions of the bill relating to charitable raffles and common consumption areas
would be in effect on July 1, 2023. The provisions of the bill relating to gallonage taxes, product
samples, Sunday sales, and dogs in food establishments and microbreweries would be in effect
upon publication in the Kansas Register.
Conference Committee Action
The Conference Committee agreed to the provisions of HB 2059, as amended by the
Senate Committee of the Whole, regarding product samples, common consumption areas, and
charitable raffles.
The Conference Committee agreed to add the contents of HB 2058, as passed by the
House, regarding remittance of gallonage taxes.
The Conference Committee agreed to add the contents of HB 2124, as passed by the
House, concerning food sales requirements for Sunday sales of CMB.
The Conference Committee further agreed to add the contents of HB 2291, as amended
by the House Committee on Commerce, regarding dogs in microbreweries and food
establishments.
Background
The Conference Committee agreed to the provisions of HB 2059 and agreed to include the
contents of HB 2124, and amend and include the contents of HB 2058 and HB 2291.
HB 2059 (Product Samples; Common Consumption Areas; Charitable Raffles)
HB 2059 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 request additional language to be added concerning liability.
No other testimony was provided.
4 - 2059 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 that would
require common consumption area signage to be in a size and manner that provides notice to
patrons of the boundaries. [Note: The amendment was retained by the Conference Committee.]
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. [Note: The amendments were retained by the Conference
Committee.] Background information for HB 2170 is included below.
Senate Committee of the Whole
The Senate Committee of the Whole amended HB 2059 to allow liquor and CMB to be
provided as prizes for charitable raffles. Provisions concerning prizes for charitable raffles are
similar to SB 269. [Note: The amendment was retained by the Conference Committee.]
HB 2170 (Samples)
HB 2170 was introduced by the House Committee on Federal and State Affairs at the
request of Representative Will Carpenter.
In the House Committee on Federal and State Affairs 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.
5 - 2059 HB 2058 (Gallonage Taxes)
The bill was introduced by the House Committee on Federal and State Affairs at the
request of a representative from the Wine & Spirits Wholesalers Association.
House Committee on Federal and State Affairs
In the House Committee hearing on HB 2058, proponent testimony was provided by
representatives from the Division of ABC, Department of Revenue, and the Wine & Spirits
Wholesalers Association. The proponents indicated the bill would allow the ABC to match
reports to identify unlawful shipments of alcoholic liquor. Currently, common carriers and
fulfillment houses report monthly, while special order shippers report monthly, which results in a
delay in matching shipment orders, thereby resulting in a delay in determining which shipments
may be from unlicensed entities.
No other testimony was provided.
HB 2124 (Sunday Sales—Food Sales Requirement)
The bill was introduced by the House Committee on Commerce, Labor and Economic
Development at the request of Representative Blew.
House Committee on Federal and State Affairs
In the House Committee hearing, Representative Blew and a representative of the Kansas
Beer Wholesalers Association provided proponent testimony, stating the bill would help
businesses with only a CMB license to sell such products by-the-drink on Sundays in a county
with a food sales requirement.
No other testimony was provided.
HB 2291 (Dogs in Microbreweries and Eating Establishments)
HB 2291 was introduced by the House Committee on Commerce, Labor and Economic
Development at the request of Representative Laura Williams.
House Committee on Commerce, Labor and Economic Development
In the House Committee hearing, representatives of the Kansas Restaurant and Hospitality
Association and Transport Brewery provided proponent testimony, stating the bill would permit
microbreweries to allow dogs in outside and indoor areas on their premises, create a dog-
friendly environment for customers and local communities, and codify the current variance to
allow dogs on outdoor patios.
Opponent testimony was provided by a representative of the KDA, who stated the Food
Safety and Lodging Program is in the process of adopting an updated Kansas Food Code that
6 - 2059 would allow dogs on outdoor patios without a food establishment being required to apply for a
variance. The KDA representative also stated the presence of dogs in indoor dining areas raises
several significant health and safety concerns, such as food contaminated with dog hair, the
transmission of viral and bacterial diseases from dogs to humans, and allergies to dogs.
No other testimony was provided.
The House Committee amended the bill to permit all food establishments to allow dogs in
outside areas on the premises if conditions are met. [Note: The amendment was retained by the
Conference Committee.]
Fiscal Information
HB 2058
According to the fiscal note prepared by the Division of the Budget on HB 2058, the
Department of Revenue indicates the enactment of the bill would have no fiscal effect on the
amount of liquor gallonage tax collections. The Department indicates the bill would require
$5,000 from the State General Fund in FY 2024 for additional technology expenditures, but if
the combined effect of implementation of the bill and other enacted legislation exceeds the
Department’s programming, or if the time for implementation of changes is too short,
expenditures for outside contract programmer services beyond the Department’s current budget
may be required. Any fiscal effect associated with enactment of the bill is not reflected in The FY
2024 Governor’s Budget Report.
HB 2059
According to the fiscal note prepared by the Division of the Budget on HB 2059, as
introduced, the Kansas Association of Counties (KAC) 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.
HB 2124
According to the fiscal note prepared by the Division of the Budget on HB 2124, the
Department of Revenue indicates enactment of the bill would require the handbook for CMB
retailers to be updated and any fiscal effect would be negligible.
The KAC indicates enactment of the bill would allow Sunday alcohol sales for more
licensed entities which would increase revenues to counties from licensure fees and sales tax
revenues; however, a fiscal effect cannot be estimated.
7 - 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.
HB 2291
According to the fiscal note prepared by the Division of the Budget on HB 2291, as
introduced, the KDA indicates enactment of the bill would not have a fiscal effect on agency
operations.
Sample; alcohol; wine; cereal malt beverage; Kansas Cereal Malt Beverage Act; CMB; spirits; beer; drinking establishment;
distributor; remittance; gallonage; tax; special order shipper; common consumption area; roadway; Sunday sales; food sales
requirement; microbreweries; dogs; food establishments; Kansas Food Code; Department of Agriculture; Department of Revenue
ccrb_hb2059_01_4323.odt
8 - 2059