Kansas 2023-2024 Regular Session

Kansas House Bill HB2124 Latest Draft

Bill / Enrolled Version Filed 04/05/2024

                            Senate Substitute for HOUSE BILL No. 2124
AN ACT concerning alcoholic liquor; relating to microbreweries; directing the secretary of 
revenue to study the collection and remittance of alcoholic liquor enforcement tax by 
microbreweries; directing the director of alcoholic beverage control to study the 
collection and remittance of alcoholic liquor gallonage tax by microbreweries; 
permitting the sale of beer and hard cider manufactured by the licensee to retailers, 
public venues, clubs, drinking establishments, holders of temporary permits and 
caterers; allowing the sale of such beer and hard cider in unopened containers to 
consumers at special events monitored and regulated by the division of alcoholic 
beverage control; amending K.S.A. 41-308b, 41-410, 41-601, 41-701, 41-702, 41-
703, 41-706, 41-708, 41-709, 41-728, 41-1101, 41-1202 and 41-2642 and K.S.A. 
2023 Supp. 41-1201 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The secretary of revenue shall conduct a study 
on licensed microbrewery compliance with state laws and rules and 
regulations governing the collection and remittance of alcoholic liquor 
enforcement taxes. On or before January 15, 2025, the secretary shall 
prepare and submit a report to the governor and the legislature on the 
findings of such study, including any recommendations regarding such 
collection and remittance, the monitoring thereof and ensuring 
compliance with applicable laws and rules and regulations.
(b) The director of alcoholic beverage control shall conduct a 
study on licensed microbrewery compliance with state laws and rules 
and regulations governing the collection and remittance of alcoholic 
liquor gallonage taxes. On or before January 15, 2025, the director shall 
prepare and submit a report to the governor and the legislature on the 
findings of such study, including any recommendations regarding such 
collection and remittance, the monitoring thereof and ensuring 
compliance with applicable laws and rules and regulations.
(c) This section shall expire on July 1, 2025.
Sec. 2. K.S.A. 41-308b is hereby amended to read as follows: 41-
308b. (a) A microbrewery license shall allow:
(1) The manufacture of not less than 100 nor more than 60,000 
30,000 barrels of domestic beer during the calendar year and the 
storage thereof, if, however, the licensee holds a 10% or greater 
ownership interest in one or more entities that also hold a microbrewery 
license, then the aggregate number of barrels of domestic beer 
manufactured by all such licensees with such common ownership shall 
not exceed the 60,000 30,000 barrel limit;
(2) the manufacture in the aggregate of not more than 100,000 
gallons of hard cider during the calendar year and the storage thereof;
(3) (A) the sale to licensed beer distributors of beer and 
manufactured by the licensee;
(B) the sale to licensed wine distributors of hard cider, 
manufactured by the licensee; and
(C) the sale to retailers, public venues, clubs, drinking 
establishments, caterers and temporary permit holders of beer and 
hard cider manufactured by the licensee. The aggregate annual sales of 
such beer made pursuant to this subparagraph shall not exceed 1,000 
barrels. The aggregate annual sales of such hard cider made pursuant 
to this subparagraph shall not exceed 3,000 gallons;
(4) the sale, both on the licensed premises and off the licensed 
premises at special events monitored and regulated by the division of 
alcoholic beverage control in the original unopened container to 
consumers for consumption off the licensed premises, of beer and hard 
cider manufactured by the licensee;
(5) the sale, on the licensed premises in refillable and sealable 
containers to consumers for consumption off the licensed premises, of 
beer manufactured by the licensee, subject to the following conditions:
(A) Containers described in this paragraph shall contain not less 
than 32 fluid ounces and not more than 64 fluid ounces of beer; and
(B) the licensee shall affix a label to all containers sold pursuant to  Senate Substitute  HOUSE BILL No. 2124—page 2
this paragraph clearly indicating the licensee's name and the name and 
type of beer contained in such container;
(6) the serving free of charge on the licensed premises and at 
special events, monitored and regulated by the division of alcoholic 
beverage control, of samples of beer and hard cider manufactured by 
the licensee, if the premises are located in a county where the sale of 
alcoholic liquor is permitted by law in licensed drinking 
establishments;
(7) if the premises is also licensed as a club or drinking 
establishment, the sale and transfer of domestic beer to such club or 
drinking establishment and the sale of domestic beer and other 
alcoholic liquor for consumption on the licensed premises as authorized 
by the club and drinking establishment act;
(8) if the premises is also licensed as a caterer, the sale of 
domestic beer and other alcoholic liquor for consumption on unlicensed 
premises as authorized by the club and drinking establishment act;
(9) if the licensee holds a 10% or greater ownership interest in one 
or more entities that also hold a microbrewery license, the domestic 
beer may be manufactured and transferred for sale or storage among 
such microbrewery licensees with such common ownership; and
(10) the transfer of beer and hard cider manufactured by the 
licensee pursuant to a contract entered into in accordance with 
subsection (b) to the contracting microbrewery.
(b) (1) A microbrewery may contract with one or more 
microbreweries for the purpose of manufacturing beer or hard cider for 
such other microbreweries. A microbrewery located in this state may 
manufacture and package beer and hard cider for a microbrewery 
located within or outside of Kansas.
(2) A microbrewery manufacturing beer or hard cider for another 
microbrewery shall be responsible for complying with all federal and 
state laws dealing with the manufacturing of beer and hard cider, 
including labeling laws, and shall be responsible for the payment of all 
federal and state taxes on the beer and hard cider.
(3) Each party engaged in a contract brewing agreement must 
count the total amount of barrels and gallons manufactured as part of 
the agreement and include that total amount as part of their allowed 
aggregate total as provided in subsection (a).
(c) (1) Not less than 30% of the products utilized in the 
manufacture of hard cider by a microbrewery shall be grown in Kansas 
except when a lesser proportion is authorized by the director based 
upon the director's findings and judgment. The production requirement 
of this subsection shall be determined based on the annual production 
of domestic hard cider.
(2) On and after July 1, 2021, the percentage of products utilized 
in the manufacture of hard cider by a microbrewery required to be 
grown in Kansas shall be not less than 15%.
(3) The provisions of this subsection shall expire on January 1, 
2023.
(d) The limit on aggregate annual sales of beer and hard cider as 
specified in subsection (a)(3)(C) shall not apply to the distribution of 
beer or hard cider by the microbrewery licensee to:
(1) A drinking establishment or caterer licensed under the club 
and drinking establishment act if such microbrewery licensee holds a 
25% or greater ownership interest in such drinking establishment or 
caterer; or
(2) another microbrewery licensee or a licensed microbrewery 
packaging and warehousing facility if such microbrewery licensee 
holds a 25% or greater ownership interest in such microbrewery 
licensee or microbrewery packaging and warehousing facility.
(d) Upon application and payment of the fee prescribed by K.S.A. 
41-310, and amendments thereto, by a microbrewery licensee, the 
director may issue not to exceed one microbrewery packaging and 
warehousing facility license to the microbrewery licensee. A 
microbrewery packaging and warehousing facility license shall allow: Senate Substitute  HOUSE BILL No. 2124—page 3
(1) The transfer, from the licensed premises of the microbrewery 
to the licensed premises of the microbrewery packaging and 
warehousing facility, of beer and hard cider manufactured by the 
licensee, for the purpose of packaging or storage, or both;
(2) the transfer, from the licensed premises of the microbrewery 
packaging and warehousing facility to the licensed premises of any 
microbrewery of such licensee, of beer manufactured by the licensee;
(3) the removal from the licensed premises of the microbrewery 
packaging and warehousing facility of beer manufactured by the 
licensee for the purpose of delivery to a licensed beer wholesaler; and
(4) the removal from the licensed premises of the microbrewery 
packaging and warehousing facility of hard cider manufactured by the 
licensee for the purpose of delivery to a licensed wine distributor.
(e) A microbrewery may sell domestic beer 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. If 
authorized by subsection (a), a microbrewery may serve samples of 
domestic beer and serve and sell domestic beer 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.
(f) The director may issue to the Kansas state fair or any bona fide 
group of brewers a permit to import into this state small quantities of 
beer. Such beer shall be used only for bona fide educational and 
scientific tasting programs and shall not be resold. Such beer shall not 
be subject to the tax imposed by K.S.A. 41-501, and amendments 
thereto. The permit shall identify specifically the brand and type of beer 
to be imported, the quantity to be imported, the tasting programs for 
which the beer is to be used and the times and locations of such 
programs. The secretary shall adopt rules and regulations governing the 
importation of beer pursuant to this subsection and the conduct of 
tasting programs for which such beer is imported.
(g) A microbrewery license or microbrewery packaging and 
warehousing facility 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 microbrewery 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-premises supervision of either the licensee or an employee of the 
licensee who is 21 years of age or over;
(3) employ any person under 21 years of age in connection with 
mixing 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 microbrewery licensee is convicted of a violation 
of the Kansas liquor control act, the director may revoke the licensee's 
license and all fees paid for the license in accordance with the Kansas 
administrative procedure act.
Sec. 3. K.S.A. 41-410 is hereby amended to read as follows: 41-
410. (a) No distributor shall sell any alcoholic liquor or cereal malt 
beverage in this state unless such distributor has filed with the director 
a written notice stating each geographic territory, agreed upon in 
writing between the distributor and a supplier of the distributor, within 
which the distributor sells one or more brands of such supplier to 
retailers licensed under the Kansas liquor control act or under K.S.A. 
41-2702, and amendments thereto, or to clubs or drinking 
establishments licensed under the club and drinking establishment act. 
Such notice shall be accompanied by a map outlining each geographic 
territory stated in the notice. No manufacturer, importer or other 
supplier shall grant a franchise for the distribution of a brand to more 
than one distributor for all or part of any designated territory. Senate Substitute  HOUSE BILL No. 2124—page 4
(b) Each supplier of alcoholic liquor or cereal malt beverage doing 
business within this state shall file with the director a written notice 
describing each geographic territory, agreed upon in writing between 
the supplier and a distributor, within which the distributor sells one or 
more brands of the supplier to retailers licensed under the Kansas 
liquor control act or under K.S.A. 41-2702, and amendments thereto, or 
to clubs or drinking establishments licensed under the club and 
drinking establishment act.
(c) No supplier or distributor shall terminate or modify a franchise 
for the distribution of a brand of alcoholic liquor or cereal malt 
beverage or alter the geographic territory designated in a franchise 
agreement unless such supplier or distributor files written notice thereof 
with the director not less than 30 days prior to the termination, 
modification or alteration. In the case of an alteration in a franchise 
territory, such notice shall be accompanied by a map outlining the 
altered territory. Upon receipt of such notice, the director shall notify 
immediately, by certified mail, all affected parties of the impending 
termination, modification or alteration.
(d) Any notice filed by a supplier pursuant to subsection (c) shall 
be accompanied by an affidavit stating that the termination, 
modification or alteration is not caused by the failure of the distributor 
to violate any provision of the Kansas liquor control act or any rules 
and regulations adopted pursuant thereto.
(e) Any supplier or distributor aggrieved by a termination, 
modification or alteration made under subsection (c) may file an 
appropriate action in any district court of this state having venue, 
alleging that the termination, modification or alteration violates the 
franchise agreement between the supplier and distributor involved.
(f) No franchise agreement for the distribution of a brand of 
alcoholic liquor or cereal malt beverage shall be terminated or 
modified, nor shall the territory designated in such an agreement be 
altered, except for reasonable cause.
(g) No microbrewery shall sell beer or hard cider produced by 
such microbrewery to retailers licensed under the Kansas liquor 
control act or the Kansas cereal malt beverage act or to any licensee 
under the club and drinking establishment act unless such 
microbrewery has filed a written notice with the director stating the 
geographic territory within which such sales are made.
(h) This section shall be a part of and supplemental to the Kansas 
liquor control act.
Sec. 4. K.S.A. 41-601 is hereby amended to read as follows: 41-
601. Every manufacturer, distributor, microbrewery which that sells 
any beer to a beer distributor at wholesale, microdistillery which that 
sells any spirits to a spirits distributor at wholesale and farm winery 
which that sells any wine to a distributor at wholesale shall between the 
1
st
 and 15
th
 day of each calendar month, make return under oath to the 
director of all alcoholic liquor manufactured and sold by the 
manufacturer, distributor, microbrewery, microdistillery or farm winery 
in the course of business during the preceding calendar month. In the 
case of a distributor or microbrewery, the return shall also show: (a) 
The total amount of liquor purchased by the distributor or 
microbrewery during the preceding calendar month, the names of the 
distillers or distributors from whom purchased, the quantity of each 
brand and the price paid therefor; and (b) the names and locations of 
the retailers to whom alcoholic liquor was sold by the distributor or 
microbrewery during the preceding calendar month, the quantity of 
each brand and the price charged therefor. The return shall be made 
upon forms prescribed and furnished by the director and shall contain 
such other information as the director reasonably requires.
Sec. 5. K.S.A. 41-701 is hereby amended to read as follows: 41-
701. (a) Except as provided in subsection (d) (e), no spirits distributor 
shall sell or attempt to sell any spirits within this state except to:
(1) A licensed manufacturer, licensed nonbeverage user or 
licensed spirits distributor; or Senate Substitute  HOUSE BILL No. 2124—page 5
(2) a licensed retailer, as authorized by K.S.A. 41-306, and 
amendments thereto.
(b) Except as provided in subsection (d) (e), no wine distributor 
shall sell or attempt to sell any wine within this state except to:
(1) A licensed manufacturer, licensed nonbeverage user or 
licensed wine distributor;
(2) a licensed caterer; or
(3) a retailer, public venue, club or drinking establishment, 
licensed in this state, as authorized by K.S.A. 41-306a, and 
amendments thereto.
(c) Except as provided by subsection (d) (e), no beer distributor 
shall sell or attempt to sell any beer or cereal malt beverage within this 
state except to:
(1) A licensed manufacturer, licensed nonbeverage user or 
licensed beer distributor;
(2) a licensed caterer; or
(3) a retailer licensed under the Kansas liquor control act or under 
K.S.A. 41-2702, and amendments thereto, or a club or drinking 
establishment, licensed in this state, as authorized by K.S.A. 41-307, 
and amendments thereto.
(d) Except as provided in K.S.A. 41-308b, and amendments 
thereto, and subsection (e), no microbrewery shall sell or attempt to 
sell any beer or hard cider within this state except to:
(1) A retailer licensed under the Kansas liquor control act or the 
Kansas cereal malt beverage act; or
(2) a licensee under the club and drinking establishment act.
(e) (1) If any spirits distributor refuses to sell spirits which that 
such distributor is authorized to sell or refuses to provide any service in 
connection therewith to any licensed retailer as authorized by K.S.A. 
41-306, and amendments thereto, it shall be lawful for any other 
licensed spirits distributor to sell such spirits to such retailer.
(2) If any wine distributor refuses to sell wine which that such 
distributor is authorized to sell or refuses to furnish service in 
connection therewith to any licensed retailer, as authorized by K.S.A. 
41-306a, and amendments thereto, it shall be lawful for any other 
licensed wine distributor to sell such wine to such retailer.
(3) If any beer distributor refuses to sell beer or cereal malt 
beverage which that such distributor is authorized to sell or provide 
service in connection therewith to any retailer licensed under this act or 
under K.S.A. 41-2702, and amendments thereto, as authorized by 
K.S.A. 41-307, and amendments thereto, it shall be lawful for any other 
licensed beer distributor or microbrewery to sell such beer or cereal 
malt beverage to such retailer.
(e) No manufacturer of alcoholic liquor or cereal malt beverage 
shall sell or attempt to sell any alcoholic liquor or cereal malt beverage 
within this state except to a licensed manufacturer, licensed distributor 
or licensed nonbeverage user.
(f) No supplier, wholesaler, distributor, microbrewery, 
manufacturer or importer shall by oral or written contract or agreement, 
expressly or impliedly fix, maintain, coerce or control the resale price 
of alcoholic liquor, beer or cereal malt beverage to be resold by such 
wholesaler, distributor, microbrewery, manufacturer or importer.
(g) Any supplier, wholesaler, distributor, microbrewery or 
manufacturer violating the provisions of this section shall be guilty of a 
misdemeanor and upon conviction thereof shall be punished by a fine 
of not less than $500 and not more than $1,000, to which may be added 
not to exceed six months' imprisonment. In addition, any supplier, 
wholesaler, distributor, microbrewery, manufacturer or importer 
violating the provisions of this section relating to fixing, maintaining or 
controlling the resale price of alcoholic liquor, beer or cereal malt 
beverage shall be liable in a civil action to treble the amount of any 
damages awarded plus reasonable attorney fees for the damaged party.
Sec. 6. K.S.A. 41-702 is hereby amended to read as follows: 41-
702. (a) Except to the extent permitted pursuant to K.S.A. 41-703, and  Senate Substitute  HOUSE BILL No. 2124—page 6
amendments thereto, no licensed retailer, club, drinking establishment 
or caterer, or any officer, associate, member, representative or agent 
thereof, shall accept, receive or borrow money or anything else of 
value, or accept or receive credit, directly or indirectly, from: (1) Any 
manufacturer or, distributor or microbrewery; (2) any person connected 
with, in any way representing or a member of the family of a 
manufacturer or, distributor or microbrewery; (3) any stockholders in a 
manufacturer or, distributor or microbrewery; or (4) any officer, 
manager, agent or representative of a manufacturer or, distributor or 
microbrewery.
(b) Except to the extent permitted pursuant to K.S.A. 41-703, and 
amendments thereto, no manufacturer or, distributor or microbrewery 
shall give or lend money or anything of value or otherwise loan or 
extend credit, directly or indirectly, to any retailer licensed under this 
act or under K.S.A. 41-2702, and amendments thereto, or to any 
licensed club, drinking establishment or caterer, or to the manager, 
representative, agent, officer or director thereof.
(c) If any licensed retailer, distributor, manufacturer, 
microbrewery, club, drinking establishment or caterer violates any 
provision of this section, the license of such retailer, distributor, 
manufacturer, microbrewery, club, drinking establishment or caterer 
shall be suspended or revoked by the director in the manner provided 
by law for revocation or suspension for other violations of this act.
Sec. 7. K.S.A. 41-703 is hereby amended to read as follows: 41-
703. (a) Except as provided by subsection (d), no manufacturer or, 
distributor or microbrewery shall directly or indirectly: (1) Sell, supply, 
furnish, give, pay for, loan or lease any furnishing, fixture or equipment 
on the premises of a place of business of a licensee under the club and 
drinking establishment act or a retailer licensed under the Kansas liquor 
control act or under K.S.A. 41-2702, and amendments thereto; (2) pay 
for any such licensee's or retailer's license, or advance, furnish, lend or 
give money for payment of such license; (3) purchase or become the 
owner of any note, mortgage or other evidence of indebtedness of any 
such licensee or retailer or any form of security therefor; (4) be 
interested in the ownership, conduct or operation of the business of any 
such licensee or retailer; or (5) be interested, directly or indirectly, or as 
owner, part owner, lessee or lessor thereof, in the licensed premises of 
any such licensee or retailer.
(b) Except as provided by subsection (d), no manufacturer or, 
distributor or microbrewery shall, directly or indirectly, or through a 
subsidiary or affiliate or by any officer, director or firm of such 
manufacturer or, distributor or microbrewery, furnish, give, lend or rent 
any interior decorations or any signs, for inside or outside use, for use 
in or about or in connection with the licensed premises of a licensee 
under the club and drinking establishment act, or a retailer licensed 
under the Kansas liquor control act or under K.S.A. 41-2702, and 
amendments thereto, products of the manufacturer or, distributor or 
microbrewery are sold.
(c) No manufacturer or, distributor or microbrewery shall directly 
or indirectly pay for or advance, furnish or lend money for the payment 
of any license of another under the club and drinking establishment act, 
the Kansas liquor control act or K.S.A. 41-2702, and amendments 
thereto.
(d) (1) A manufacturer or, distributor or microbrewery may 
furnish things of value to a licensee under the club and drinking 
establishment act or to a retailer licensed under the Kansas liquor 
control act or under K.S.A. 41-2702, and amendments thereto, to the 
extent permitted by rules and regulations adopted by the secretary 
pursuant to subsection (e).
(2) Notwithstanding any other provision of law to the contrary, an 
owner, officer, stockholder or director of a distributor may have an 
interest in the licensed premises of a club, a drinking establishment or a 
retailer licensed under the Kansas liquor control act or under K.S.A. 
41-2702, and amendments thereto, if such premises are located outside  Senate Substitute  HOUSE BILL No. 2124—page 7
the geographic territory of the distributor's franchise.
(3) A microbrewery or owner, officer, stockholder or director 
thereof may have an interest in a licensed club, drinking establishment 
or caterer.
(e) The secretary shall adopt rules and regulations permitting 
manufacturers and, distributors or microbreweries to furnish 
equipment, signs, supplies or similar things of value to licensees under 
the club and drinking establishment act or to a retailer licensed under 
the Kansas liquor control act or under K.S.A. 41-2702, and 
amendments thereto. Such rules and regulations shall limit the 
furnishing of such things of value so that they are not conditioned on or 
an inducement to the purchase of any alcoholic liquor or cereal malt 
beverage. In adopting such rules and regulations, the secretary shall 
consider and, to the extent the secretary determines suitable, base such 
rules and regulations on the standards of the bureau of alcohol, tobacco 
and firearms of the United States treasury.
Sec. 8. K.S.A. 41-706 is hereby amended to read as follows: 41-
706. No manufacturer, distributor, microbrewery or wholesaler shall 
sell or deliver any package containing alcoholic liquor manufactured or 
distributed by such manufacturer, distributor, microbrewery or 
wholesaler, unless the package has affixed thereto all canceled revenue 
stamps which that may be provided by federal law and shall also carry 
thereon a clear and legible label containing the name and kind of 
alcoholic liquor contained therein, and the alcoholic content thereof, 
except in the case of beer, and such other information as may be 
required by federal laws and rules and regulations and by rules and 
regulations adopted by the secretary of revenue. No package shall be 
delivered by any manufacturer or, distributor, microbrewery or 
importing distributor unless the same shall be securely sealed so that 
the contents thereof cannot be removed without breaking the seal so 
placed thereon by such manufacturer, and no other licensee shall sell, 
have in the possession of the licensee or use any package or container 
which that does not comply with this section or K.S.A. 41-707, and 
amendments thereto, or does not bear evidence that such package, 
when delivered to the licensee, complied with this section.
Sec. 9. K.S.A. 41-708 is hereby amended to read as follows: 41-
708. No retailer licensed under this act shall purchase or receive 
alcoholic liquor from any source except from a distributor, farm winery 
or microbrewery licensed under this act and having a place of business 
in this state, except that a licensed retailer may purchase confiscated 
alcoholic liquor at a sheriff's sale. Any retail licensee who violates this 
section is guilty of a misdemeanor, and upon conviction thereof shall be 
punished by a fine of not less than $200, nor more than $1,000, to 
which may be added imprisonment for not more than six months, and 
the license of such licensee may be revoked as provided by law.
Sec. 10. K.S.A. 41-709 is hereby amended to read as follows: 41-
709. (a) No manufacturer or, distributor or microbrewery shall sell or 
deliver any package containing alcoholic liquor manufactured or 
distributed by such manufacturer or, distributor or microbrewery for 
resale, unless the person to whom such package is sold or delivered is 
authorized to receive such package in accordance with the provisions of 
this act.
(b) The director shall revoke the license of any manufacturer or, 
distributor or microbrewery who violates the provisions of this section.
Sec. 11. K.S.A. 41-728 is hereby amended to read as follows: 41-
728. (a) No distributor or microbrewery shall, directly or indirectly, sell 
on credit any alcoholic liquor or cereal malt beverage to a club, 
drinking establishment or caterer, and no club, drinking establishment 
or caterer shall, directly or indirectly, buy on credit any alcoholic liquor 
or cereal malt beverage from a distributor or microbrewery.
(b) Any sales of alcoholic liquor or cereal malt beverage by a 
distributor or microbrewery to a club, drinking establishment, caterer or 
retailer licensed under the Kansas liquor control act or under K.S.A. 
41-2702, and amendments thereto, shall be separate transactions from  Senate Substitute  HOUSE BILL No. 2124—page 8
sales by such distributor or microbrewery to any other such club, 
drinking establishment, caterer or retailer even if the licensee is the 
same person or entity as the holder of the license for such other club, 
drinking establishment, caterer or retailer.
(c) Except as otherwise provided by this section or K.S.A. 41-702, 
41-703 and 41-2707, and amendments thereto, any financial 
instrument, other than a second-party check, may be used by a club, 
drinking establishment, caterer or retailer licensed under the Kansas 
liquor control act or under K.S.A. 41-2702, and amendments thereto, to 
purchase alcoholic liquor or cereal malt beverage from a distributor or 
microbrewery and a distributor or microbrewery may accept any such 
financial instrument as payment. In addition, a prepayment plan may be 
used for the purpose of making such purchases if the amount prepaid 
does not exceed the usual purchases made for the period of time for 
which prepayment is made.
(d) Sales of alcoholic liquor by a distributor or microbrewery to 
clubs, drinking establishments, caterers or retailers licensed under the 
Kansas liquor control act or under K.S.A. 41-2702, and amendments 
thereto, shall be final except that a distributor or microbrewery may:
(1) Buy back any item of alcoholic liquor or cereal malt beverage 
which that such club, drinking establishment, caterer or retailer has 
obtained the approval of the director to close out;
(2) buy back any item of alcoholic liquor or cereal malt beverage 
when required by the supplier; and
(3) buy back or exchange, within 24 hours after delivery, any item 
of alcoholic liquor or cereal malt beverage which that is damaged or 
deteriorated in quality; and
(4) buy back or exchange, at the original sales price, any item of 
beer or cereal malt beverage that is within 30 days of its expiration 
date.
Sec. 12. K.S.A. 41-1101 is hereby amended to read as follows: 41-
1101. (a) No distributor licensed under this act shall purchase any 
alcoholic liquor from any manufacturer, owner of alcoholic liquor at 
the time it becomes a marketable product, exclusive agent of such 
manufacturer or owner, microbrewery, microdistillery, farm winery or 
distributor of alcoholic liquor bottled in a foreign country either within 
or without this state, unless the manufacturer, owner, exclusive agent, 
microbrewery, microdistillery, farm winery or distributor files with the 
director a written statement sworn to by the manufacturer, owner, 
exclusive agent, microbrewery, microdistillery, farm winery or 
distributor or, in case of a corporation, one of its principal officers, 
agreeing to sell any of the brands or kinds of alcoholic liquor 
manufactured or distributed by the manufacturer, owner, exclusive 
agent, microbrewery, microdistillery, farm winery or distributor to any 
distributor licensed in this state and having a franchise to distribute the 
alcoholic liquor pursuant to K.S.A. 41-410, and amendments thereto, 
and to make such sales to all such licensed distributors in this state at 
the same current price and without discrimination. Each manufacturer, 
owner, exclusive agent, microbrewery, microdistillery or farm winery 
shall provide to each distributor written notice not less than 45 days 
before any change in the current price of any spirits or wine which that 
such manufacturer, owner, exclusive agent, microbrewery, 
microdistillery or farm winery sells to such distributor. If any 
manufacturer, owner, exclusive agent, microbrewery, microdistillery, 
farm winery or distributor making the agreement violates the agreement 
by refusing to sell such alcoholic liquor to any such franchised licensed 
distributor in this state or discriminates in current prices among such 
franchised licensed distributors making or attempting to make 
purchases of alcoholic liquor from the manufacturer, owner, exclusive 
agent, microbrewery, microdistillery, farm winery or distributor, the 
director shall notify, by registered mail, each such franchised licensed 
distributor in this state of the violation. Thereupon, it shall be unlawful 
for a franchised licensed distributor in this state to purchase any 
alcoholic liquor from the manufacturer, owner, exclusive agent,  Senate Substitute  HOUSE BILL No. 2124—page 9
microbrewery, microdistillery, farm winery or distributor. If thereafter 
such a franchised licensed distributor purchases any alcoholic liquor 
from the manufacturer, owner, exclusive agent, microbrewery, 
microdistillery, farm winery or distributor, such franchised distributor's 
license shall be revoked by the director. If any manufacturer, owner, 
exclusive agent, microbrewery, microdistillery, farm winery or 
distributor of alcoholic liquor bottled in a foreign country, making any 
agreement hereunder, does not have a sufficient supply of alcoholic 
liquor of any of the brands or kinds which that the manufacturer, 
owner, exclusive agent, microbrewery, microdistillery, farm winery or 
distributor manufactures or distributes to supply the demands of all 
licensed distributors having a franchise to distribute such alcoholic 
liquor, the manufacturer, owner, exclusive agent, microbrewery, 
microdistillery, farm winery or distributor may ration such alcoholic 
liquor and apportion the available supply among such franchised 
licensed distributors purchasing or attempting to purchase it, in 
accordance with a plan which that shall be subject to the approval of 
the director.
(b) No retailer licensed under this act shall purchase any alcoholic 
liquor from any distributor or microbrewery licensed under this act 
unless the distributor or microbrewery files with the director a written 
statement sworn to by the distributor or microbrewery, or in case of a 
corporation by one of its principal officers, agreeing to sell any of the 
brands or kinds of alcoholic liquor distributed by the distributor or 
microbrewery and to provide service in connection therewith to any 
licensed retailer whose licensed premises are located within the 
geographic territory of the distributor's franchise for the alcoholic 
liquor or the microbrewery's geographic territory, unless written 
approval to do otherwise is obtained from the director, and to make 
such sales to all such licensed retailers at the same current bottle, sleeve 
and case price and without discrimination. For purposes of this 
subsection the "same current bottle, sleeve and case price" for spirits 
and wine means a price effective for a specified period as designated by 
the distributor or microbrewery on or before the first day of each 
month. If any distributor or microbrewery making the agreement 
violates the agreement by refusing to sell or provide service to any such 
licensed retailer in this state without written approval of the director or 
discriminates in current prices among such licensed retailers making or 
attempting to make purchases of alcoholic liquor from the distributor 
or microbrewery, the director may revoke the license of the distributor 
or microbrewery. If any licensed distributor or microbrewery making 
any agreement hereunder does not have a sufficient supply of alcoholic 
liquor of any of the brands or kinds which that the distributor or 
microbrewery distributes to supply the demands of all such licensed 
retailers, the distributor or microbrewery may ration such alcoholic 
liquor and apportion the available supply among such licensed retailers 
purchasing or attempting to purchase the same, in accordance with a 
plan which that shall be subject to the approval of the director.
(c) No club or drinking establishment licensed in this state shall 
purchase any wine or beer from any distributor or microbrewery 
licensed under this act unless the distributor or microbrewery files with 
the director a written statement sworn to by the distributor or 
microbrewery, or in case of a corporation by one of its principal 
officers, agreeing to sell any of the brands or kinds of wine or beer 
distributed by the distributor or microbrewery to those clubs and 
drinking establishments to which the distributor or microbrewery is 
authorized to sell such wine or beer and to which the distributor or 
microbrewery desires to sell such wine or beer, unless written approval 
to do otherwise is obtained from the director and to make such sales to 
all such licensed clubs or drinking establishments at the same current 
bottle and case price and without discrimination. If any distributor or 
microbrewery making the agreement violates the agreement by refusing 
to sell to any such licensed club or drinking establishment in this state 
without written approval of the director or discriminates in current  Senate Substitute  HOUSE BILL No. 2124—page 10
prices among such licensed clubs or drinking establishments making or 
attempting to make purchases of wine or beer from the distributor or 
microbrewery, the director may revoke the license of the distributor or 
microbrewery. If any licensed distributor or microbrewery making any 
agreement hereunder does not have a sufficient supply of wine or beer 
of any of the brands or kinds which that the distributor or 
microbrewery distributes to supply the demands of all such licensed 
clubs or drinking establishments, the distributor or microbrewery may 
ration such wine or beer and apportion the available supply among such 
licensed clubs or drinking establishments purchasing or attempting to 
purchase the same, in accordance with a plan which that shall be 
subject to the approval of the director.
For the purposes of this subsection, a delivery charge shall not be 
considered a part of the price of wine or beer sold by a distributor or 
microbrewery.
(d) No retailer licensed under K.S.A. 41-2701 et seq., and 
amendments thereto, shall purchase any cereal malt beverage from any 
distributor licensed under this act unless the distributor files with the 
director a written statement sworn to by the distributor, or in case of a 
corporation by one of its principal officers, agreeing to sell any of the 
brands or kinds of cereal malt beverage distributed by the distributor to 
those retailers to which the distributor is authorized to sell such cereal 
malt beverage, unless written approval to do otherwise is obtained from 
the director, and to make such sales to all such licensed retailers at the 
same current price and without discrimination. If any distributor 
making the agreement violates the agreement by refusing to sell to any 
such licensed retailer in this state without written approval of the 
director or discriminates in current prices among such licensed retailers 
making or attempting to make purchases of cereal malt beverage from 
the distributor, the director may revoke the license of the distributor. If 
any licensed distributor making any agreement hereunder does not have 
a sufficient supply of cereal malt beverage of any of the brands or kinds 
which the distributor distributes to supply the demands of all such 
licensed retailers, the distributor may ration such cereal malt beverage 
and apportion the available supply among such licensed retailers 
purchasing or attempting to purchase the same, in accordance with a 
plan which shall be subject to the approval of the director.
(e) No distributor or microbrewery shall sell alcoholic liquor or 
cereal malt beverage to a retailer licensed under the Kansas liquor 
control act, to a club, drinking establishment or caterer licensed under 
the club and drinking establishment act or to a retailer licensed under 
K.S.A. 41-2702, and amendments thereto, at a discount for multiple 
case lots.
Sec. 13. K.S.A. 2023 Supp. 41-1201 is hereby amended to read as 
follows: 41-1201. (a) A temporary permit shall:
(1) 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;
(2) 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; and
(3) allow the permit holder to offer for sale, sell and serve 
alcoholic liquor that is beer or hard cider manufactured by a 
microbrewery licensee and purchased by the temporary permit holder 
from such microbrewery licensee as provided by K.S.A. 41-308b, and 
amendments thereto, 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.
(b) A temporary permit holder may charge a fee for entrance into 
the premises described in the permit, or any portion thereof. Senate Substitute  HOUSE BILL No. 2124—page 11
(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) (1) 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.
(2) No city, county or township shall charge more than a $25 non-
refundable fee for each day for which the permit is issued.
(e) Each application for a temporary permit shall specify the 
premises for which such permit is 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.
(f) (1) (A) 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: (i) 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; (ii) a written 
request for such consumption and possession of such alcoholic liquor 
has been made to the local governing body; and (iii) the event has been 
approved by the governing body of such city, county or township by 
ordinance or resolution.
(B) The boundaries of any such event shall be clearly marked by 
signs, a posted map or other means that 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  Senate Substitute  HOUSE BILL No. 2124—page 12
in areas covered by multiple temporary permits.
(g) (1) A temporary permit may be issued for the sale of wine, 
beer or other alcoholic liquor on the Kansas state fairgrounds during the 
days of the Kansas state fair, or as authorized by the Kansas state fair 
board, if the Kansas state fair board has authorized such consumption 
and possession of such wine, beer or other alcoholic liquor. Each 
application for such temporary permit shall specify the premises within 
the fairgrounds for which the permit is issued, including a diagram of 
the premises covered by the temporary permit. Such diagram shall 
match the entirety of the premises as leased from the Kansas state fair 
board. The boundaries of the Kansas state fairgrounds shall be clearly 
marked by signs, a posted map or other means that reasonably identify 
the area in which wine, beer or other alcoholic liquor, may be possessed 
or consumed at the state fair.
(2) Each temporary permit holder selling wine, beer or other 
alcoholic liquor for consumption on the premises of the Kansas state 
fairgrounds that is covered by such temporary permit shall be liable for 
all violations of laws governing the sale and consumption of such 
alcoholic liquor that occur on such temporary premises.
(3) Any temporary permit holder who has received a temporary 
permit for the sale of wine, beer or other alcoholic liquor on the Kansas 
state fairgrounds may allow such wine, beer or other alcoholic liquor to 
be removed from the temporary permit premises and onto the Kansas 
state fairgrounds.
(h) (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, beer 
or other alcoholic liquor 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, beer or other alcoholic liquor 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.
(i) An application for a temporary permit may be rejected by the 
director if:
(1) The applicant has been granted 12 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;
(5) the applicant has had a license or permit revoked under the  Senate Substitute  HOUSE BILL No. 2124—page 13
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; or
(6) the applicant has not remitted all liquor drink taxes due from a 
previous temporary permit.
(j) (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 or microbrewery 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.
(k) A temporary permit shall not be transferable or assignable.
(l) Each temporary permit holder shall not employ or use the 
services of any person:
(1) Who is under 18 years of age to serve alcoholic liquor;
(2) who is under 21 years of age to mix or dispense drinks 
containing alcoholic liquor;
(3) who is under 21 years of age 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.
Sec. 14. K.S.A. 41-1202 is hereby amended to read as follows: 41-
1202. (a) A temporary permit holder shall only purchase alcoholic 
liquor or cereal malt beverage from a retailer or, a farm winery or a 
microbrewery, as provided by K.S.A. 41-308b, and amendments 
thereto, and may receive delivery of such alcoholic liquor or cereal 
malt beverage from a distributor.
(b) Temporary permit holders shall only purchase alcoholic liquor 
or cereal malt beverage 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 or cereal malt beverage 
purchased on any one day shall be removed from the licensed premises 
of the retailer or, farm winery or microbrewery within 48 hours. 
Temporary permit holders shall not warehouse any alcoholic liquor or 
cereal malt beverage on the licensed premises of any retailer or, farm 
winery or microbrewery for more than 48 hours.
(c) Each temporary permit holder, when purchasing alcoholic liquor 
or cereal malt beverage from a retailer or, farm winery or 
microbrewery, 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 or 
microbrewery;
(3) the name and address of the temporary permit holder as it  Senate Substitute  HOUSE BILL No. 2124—page 14
appears on the temporary permit;
(4) the brand, size, proof and amount of all alcoholic liquor or 
cereal malt beverage purchased; and
(5) the subtotal of the cost of all alcoholic liquor or cereal malt 
beverage 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 
or cereal malt beverage 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 
or cereal malt beverage for removal from or consumption off the 
licensed premises, except that alcoholic liquor or cereal malt beverage 
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.
Sec. 15. K.S.A. 41-2642 is hereby amended to read as follows: 41-
2642. (a) A license for a drinking establishment shall allow the licensee 
to offer for sale, sell and serve alcoholic liquor or cereal malt beverage 
for consumption on the licensed premises which that may be open to 
the public, and to serve samples of such alcoholic liquor or cereal malt 
beverage free of charge on licensed premises subject to the 
requirements of subsection (c), but only if such premises are located in 
a county where the qualified electors of the county:
(1) (A) Approved, by a majority vote of those voting thereon, the 
proposition to amend 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 sales of alcoholic 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.
(b) A drinking establishment shall be required to derive from sales 
of food for consumption on the licensed premises not less than 30% of 
all the establishment's gross receipts from sales of food and beverages 
on such premises unless the licensed premises are located in a county 
where the qualified electors of the county:
(1) Have approved, at an election pursuant to K.S.A. 41-2646, and 
amendments thereto, a proposition to allow sales of alcoholic liquor by 
the individual drink in public places within the county without a 
requirement that any portion of their gross receipts be derived from the 
sale of food; 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.
(c) No charge of any sort may be made for a sample serving. 
Samples may not be served to a minor. No samples may be removed 
from the licensed premises. Providing samples is prohibited for any 
licensee who charges a cover charge or entry fee at any time during the 
business day. No consideration shall be requested or required for entry 
onto the premises, participation in any event taking place on the 
premises or to remain on the premises.
(d) (1) A drinking establishment shall specify in the application 
for a license or renewal of a license the premises to be licensed, which  Senate Substitute  HOUSE BILL No. 2124—page 15
may include all premises which are in close proximity and are under 
the control of the applicant or licensee.
(2) If the drinking establishment licensee also holds a 
manufacturer's license issued under the Kansas liquor control act, the 
licensed premises specified in the drinking establishment license shall 
not be the same as the licensed premises specified in the manufacturer's 
license, but such specified premises shall be located not more than two 
miles by the usually traveled road from the licensed premises specified 
in the manufacturer's license.
(e) Notwithstanding any other provision of law to the contrary, 
any hotel of which the entire premises are licensed as a drinking 
establishment or as a drinking establishment caterer may sell alcoholic 
liquor or cereal malt beverage by means of minibars located in guest 
rooms of such hotel, subject to the following:
(1) The key, magnetic card or other device required to attain 
access to a minibar in a guest room shall be provided only to guests 
who are registered to stay in such room and who are 21 or more years 
of age;
(2) containers or packages of spirits or wine sold by means of a 
minibar shall hold not less than 50 nor more than 200 milliliters; and
(3) a minibar shall be restocked with alcoholic liquor or cereal 
malt beverage only during hours when the hotel is permitted to sell 
alcoholic liquor and cereal malt beverage as a drinking establishment.
(f) A drinking establishment may store on its premises wine sold 
to a customer for consumption at a later date on its premises in the 
unopened container. Such wine must be kept separate from all other 
alcohol stock and in a secure locked area separated by customer. Such 
wine shall not be removed from the licensed premises in its unopened 
condition.
(g) If the drinking establishment licensee also holds a 
manufacturer's license issued under the Kansas liquor control act, the 
drinking establishment shall not sell alcoholic liquor manufactured by 
such manufacturer's licensee to the exclusion of other alcoholic liquor. 
All beer and cereal malt beverage sold by the drinking establishment 
shall be acquired from a distributor or, retailer or microbrewery 
licensed under the Kansas liquor control act, and all wine and spirits 
sold by the drinking establishment shall be acquired from a retailer or 
farm winery licensed under the Kansas liquor control act and who 
possesses a federal wholesaler's basic permit, except that hard cider 
may be acquired from a microbrewery licensed under the Kansas 
liquor control act and who possesses a federal wholesaler's basic 
permit. Senate Substitute  HOUSE BILL No. 2124—page 16
Sec. 16. K.S.A. 41-308b, 41-410, 41-601, 41-701, 41-702, 41-703, 
41-706, 41-708, 41-709, 41-728, 41-1101, 41-1202 and 41-2642 and 
K.S.A. 2023 Supp. 41-1201 are hereby repealed.
Sec. 17. This act shall take effect and be in force from and after its 
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was 
adopted by that body
                                                                            
HOUSE adopted
Conference Committee Report                                                     
                                                                               
Speaker of the House.          
                                                                               
Chief Clerk of the House.     
Passed the SENATE
          as amended                                                      
SENATE adopted
Conference Committee Report                                                             
                                                                               
President of the Senate.       
                                                                               
Secretary of the Senate.       
APPROVED                                                                 
     
                                                                                                              
Governor.