KS
Kansas Senate Bill SB251

Kansas 2023-2024 Regular Session

Kansas Senate Bill SB251 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 Session of 2023
22 SENATE BILL No. 251
33 By Committee on Federal and State Affairs
44 2-14
55 AN ACT concerning alcoholic beverages; relating to spirits distributors,
66 wine distributors and cereal malt beverage distributors; regulating
77 samples; amending K.S.A. 41-306, 41-306a and 41-307 and repealing
88 the existing sections.
99 Be it enacted by the Legislature of the State of Kansas:
1010 Section 1. K.S.A. 41-306 is hereby amended to read as follows: 41-
1111 306. A spirits distributor's license, shall allow:
1212 (a) The wholesale purchase, importation and storage of spirits, but all
1313 such spirits so purchased or imported which are manufactured in the
1414 United States shall be purchased from the primary American source of
1515 supply or from another licensed spirits distributor, except that a licensed
1616 spirits distributor may purchase confiscated spirits at a sheriff's sale.
1717 (b) The sale of spirits to:
1818 (1) Spirits distributors licensed in this state;
1919 (2) retailers licensed in this state, except that such distributor shall
2020 sell a brand of spirits only to those retailers whose licensed premises are
2121 located in the geographic territory within which such distributor is
2222 authorized to sell such brand, as designated in the notice or notices filed
2323 with the director pursuant to K.S.A. 41-410, and amendments thereto; and
2424 (3) such persons located outside such territory or outside this state as
2525 permitted by law.
2626 (c) The purchase of spirits in barrels, casks or other bulk containers
2727 and the bottling thereof before resale, but all bottles or containers filled
2828 with such spirits shall be sealed, labeled and otherwise made to comply
2929 with all laws and rules and regulations governing the preparation and
3030 bottling of spirits by manufacturers and with all federal rules, regulations
3131 and laws.
3232 (d) The storage and delivery to a retailer licensed under the Kansas
3333 liquor control act or a retailer licensed under K.S.A. 41-2702, and
3434 amendments thereto, on the distributor's licensed premises, of alcoholic
3535 liquor or cereal malt beverage of another licensed distributor authorized by
3636 law to sell such alcoholic liquor or cereal malt beverage to such retailer, in
3737 accordance with an agreement entered into with such other distributor and
3838 approved by the director.
3939 (e) The storage and delivery to a public venue licensed under the club
4040 1
4141 2
4242 3
4343 4
4444 5
4545 6
4646 7
4747 8
4848 9
4949 10
5050 11
5151 12
5252 13
5353 14
5454 15
5555 16
5656 17
5757 18
5858 19
5959 20
6060 21
6161 22
6262 23
6363 24
6464 25
6565 26
6666 27
6767 28
6868 29
6969 30
7070 31
7171 32
7272 33
7373 34
7474 35
7575 36 SB 251 2
7676 and drinking establishment act of alcoholic liquor purchased by the public
7777 venue licensee from a retailer authorized by law to sell such alcoholic
7878 liquor to such public venue licensee.
7979 (f) The withdrawal of spirits from such licensee's inventory for use as
8080 samples in the course of the business of the distributor or at industry
8181 seminars. Samples may only be provided to persons licensed as a
8282 distributor or a retailer under the Kansas liquor control act, and such
8383 person's employees or to persons licensed under the club and drinking
8484 establishment act and such persons' employees. Samples may be served on
8585 the licensed premises of the licensee, or on the premises of a licensed
8686 retailer, provided except that no sample shall be served on that portion of
8787 the premises of a licensed retailer that is open to the public and where
8888 sales of alcoholic liquor at retail are made. Only products that have not
8989 been purchased from the distributor licensee by the retailer or club and
9090 drinking establishment act licensee within the previous 12 months may be
9191 provided for sampling pursuant to this subsection. No sample shall be
9292 provided to any minor. Nothing in this subsection shall be construed to
9393 permit the licensee to sell any alcoholic liquor for consumption on the
9494 premises. The withdrawal of spirits shall be subject to the tax imposed by
9595 K.S.A. 79-4101 et seq., and amendments thereto, based on the applicable
9696 current posted bottle or case price. For purposes of providing samples
9797 pursuant to this subsection other than at industry seminars or to the
9898 licensee's employees, the term "sample" shall have the same meaning as
9999 that term is defined in K.S.A. 41-2601, and amendments thereto this
100100 subsection, "sample" means not more than three liters of distilled spirits.
101101 Sec. 2. K.S.A. 41-306a is hereby amended to read as follows: 41-
102102 306a. A wine distributor's license shall allow:
103103 (a) The wholesale purchase, importation and storage of wine, but all
104104 wine so purchased or imported which is manufactured in the United States
105105 shall be purchased from the primary American source of supply or from
106106 another licensed wine distributor, except that a licensed wine distributor
107107 may purchase confiscated wine at a sheriff's sale.
108108 (b) The sale of wine to:
109109 (1) Wine distributors licensed in this state;
110110 (2) retailers licensed in this state, except that such distributor shall
111111 sell a brand of wine only to those retailers whose licensed premises are
112112 located in the geographic territory within which such distributor is
113113 authorized to sell such brand, as designated in the notice or notices filed
114114 with the director pursuant to K.S.A. 41-410, and amendments thereto; and
115115 (3) such persons located outside such territory or outside this state as
116116 permitted by law.
117117 (c) The sale of wine, but only in barrels, casks and other bulk
118118 containers, to:
119119 1
120120 2
121121 3
122122 4
123123 5
124124 6
125125 7
126126 8
127127 9
128128 10
129129 11
130130 12
131131 13
132132 14
133133 15
134134 16
135135 17
136136 18
137137 19
138138 20
139139 21
140140 22
141141 23
142142 24
143143 25
144144 26
145145 27
146146 28
147147 29
148148 30
149149 31
150150 32
151151 33
152152 34
153153 35
154154 36
155155 37
156156 38
157157 39
158158 40
159159 41
160160 42
161161 43 SB 251 3
162162 (1) Licensed caterers; and
163163 (2) public venues, clubs and drinking establishments licensed in this
164164 state, except that such distributor shall sell a brand of wine only to such
165165 public venues, clubs and drinking establishments the licensed premises of
166166 which are located in the geographic territory within which such distributor
167167 is authorized to sell such brand, as designated in the notice or notices filed
168168 with the director pursuant to K.S.A. 41-410, and amendments thereto.
169169 (d) The purchase of wine in barrels, casks or other bulk containers
170170 and the bottling thereof before resale, but all bottles or containers filled
171171 with such wine shall be sealed, labeled and otherwise made to comply with
172172 all laws and rules and regulations governing the preparation and bottling of
173173 wine by manufacturers and with all federal rules, regulations and laws.
174174 (e) The storage and delivery to a retailer licensed under the Kansas
175175 liquor control act or a retailer licensed under K.S.A. 41-2702, and
176176 amendments thereto, on the distributor's licensed premises, of alcoholic
177177 liquor or cereal malt beverage of another licensed distributor authorized by
178178 law to sell such alcoholic liquor or cereal malt beverage to such retailer, in
179179 accordance with an agreement entered into with such other distributor and
180180 approved by the director.
181181 (f) The withdrawal of wine from such licensee's inventory for use as
182182 samples in the course of the business of the distributor or at industry
183183 seminars. Samples may only be provided to persons licensed as a
184184 distributor or a retailer under the Kansas liquor control act, and such
185185 person's employees, or to persons licensed under the club and drinking
186186 establishment act, and such person's employees. Samples may be served
187187 on the licensed premises of the licensee, or on the premises of a licensed
188188 retailer, provided no sample shall be served on that portion of the premises
189189 of a licensed retailer that is open to the public and where sales of alcoholic
190190 liquor at retail are made. Samples may be served on the premises of a
191191 licensee holding a license issued under the club and drinking establishment
192192 act, provided no sample shall be served on that portion of the premises that
193193 is open to the public and where sales of alcoholic liquor are made. Only
194194 products that have not been purchased from the distributor licensee by the
195195 retailer or club and drinking establishment licensee within the previous 12
196196 months may be provided for sampling pursuant to this subsection. No
197197 sample shall be provided to any minor. Nothing in this subsection shall be
198198 construed to permit the licensee to sell any alcoholic liquor for
199199 consumption on the premises. The withdrawal of wine shall be subject to
200200 the tax imposed by K.S.A. 79-4101 et seq., and amendments thereto, based
201201 on the applicable current posted bottle or case price. For purposes of
202202 providing samples pursuant to this subsection other than at industry
203203 seminars or to the licensee's employees, the term of this subsection,
204204 "sample" shall have the same meaning as that term is defined in K.S.A. 41-
205205 1
206206 2
207207 3
208208 4
209209 5
210210 6
211211 7
212212 8
213213 9
214214 10
215215 11
216216 12
217217 13
218218 14
219219 15
220220 16
221221 17
222222 18
223223 19
224224 20
225225 21
226226 22
227227 23
228228 24
229229 25
230230 26
231231 27
232232 28
233233 29
234234 30
235235 31
236236 32
237237 33
238238 34
239239 35
240240 36
241241 37
242242 38
243243 39
244244 40
245245 41
246246 42
247247 43 SB 251 4
248248 2601, and amendments thereto means not more than three liters of any
249249 brand of wine.
250250 (g) This section shall be a part of and supplemental to the Kansas
251251 liquor control act.
252252 Sec. 3. K.S.A. 41-307 is hereby amended to read as follows: 41-307.
253253 A beer distributor's license shall allow:
254254 (a) The wholesale purchase, importation and storage of beer.
255255 (b) The sale of beer to:
256256 (1) Licensed caterers;
257257 (2) beer distributors licensed in this state;
258258 (3) retailers, public venues, clubs and drinking establishments,
259259 licensed in this state, except that such distributor shall sell a brand of beer
260260 only to those retailers, public venues, clubs and drinking establishments of
261261 which the licensed premises are located in the geographic territory within
262262 which such distributor is authorized to sell such brand, as designated in the
263263 notice or notices filed with the director pursuant to K.S.A. 41-410, and
264264 amendments thereto; and
265265 (4) such persons located outside such territory or outside this state as
266266 permitted by law.
267267 (c) The sale of cereal malt beverage to:
268268 (1) Beer distributors licensed in this state;
269269 (2) clubs and drinking establishments, licensed in this state, and
270270 retailers licensed under K.S.A. 41-2702, and amendments thereto, except
271271 that such distributor shall sell a brand of cereal malt beverage only to those
272272 such clubs, drinking establishments and retailers of which the licensed
273273 premises are located in the geographic territory within which such
274274 distributor is authorized to sell such brand, as designated in the notice or
275275 notices filed with the director pursuant to K.S.A. 41-410, and amendments
276276 thereto;
277277 (3) retailers; and
278278 (4) such persons located outside such territory or outside this state as
279279 permitted by law.
280280 (d) The sale of beer containing not more than 6% alcohol by volume
281281 to cereal malt beverage retailers licensed pursuant to K.S.A. 41-2702, and
282282 amendments thereto.
283283 (e) The purchase of cereal malt beverage in kegs or other bulk
284284 containers and the bottling or canning thereof in accordance with law.
285285 (f) The storage and delivery to a retailer licensed under the Kansas
286286 liquor control act or a retailer licensed under K.S.A. 41-2702, and
287287 amendments thereto, on the distributor's licensed premises, of alcoholic
288288 liquor or cereal malt beverage of another licensed distributor authorized by
289289 law to sell such alcoholic liquor or cereal malt beverage to such retailer, in
290290 accordance with an agreement entered into with such other distributor and
291291 1
292292 2
293293 3
294294 4
295295 5
296296 6
297297 7
298298 8
299299 9
300300 10
301301 11
302302 12
303303 13
304304 14
305305 15
306306 16
307307 17
308308 18
309309 19
310310 20
311311 21
312312 22
313313 23
314314 24
315315 25
316316 26
317317 27
318318 28
319319 29
320320 30
321321 31
322322 32
323323 33
324324 34
325325 35
326326 36
327327 37
328328 38
329329 39
330330 40
331331 41
332332 42
333333 43 SB 251 5
334334 approved by the director.
335335 (g) The storage and delivery, with proper invoicing in accordance
336336 with rules and regulations adopted by the secretary, on the premises of a
337337 public venue licensee, of beer sold to or available for purchase by the
338338 public venue during an event.
339339 (h) The withdrawal of beer or cereal malt beverage from such
340340 licensee's inventory for use as samples in the course of the business of the
341341 distributor or at industry seminars. Samples may only be provided to
342342 persons licensed as a distributor or a retailer under the Kansas liquor
343343 control act, and such person's employees, or to persons licensed under the
344344 club and drinking establishment act, and such person's employees.
345345 Samples may be served on the licensed premises of the licensee, or on the
346346 premises of a licensed retailer, provided no sample shall be served on that
347347 portion of the premises of a licensed retailer that is open to the public and
348348 where sales of alcoholic liquor at retail are made. Samples may be served
349349 on the premises of a licensee holding a license issued under the club and
350350 drinking establishment act, provided no sample shall be served on that
351351 portion of the premises that is open to the public and where sales of
352352 alcoholic liquor are made. Only products that have not been purchased
353353 from the distributor licensee by the retailer or club and drinking
354354 establishment act licensee within the previous 12 months may be provided
355355 for sampling pursuant to this subsection. No sample shall be provided to
356356 any minor. Nothing in this subsection shall be construed to permit the
357357 licensee to sell any alcoholic liquor for consumption on the premises. The
358358 withdrawal of beer or cereal malt beverage shall be subject to the tax
359359 imposed by K.S.A. 79-4101 et seq., and amendments thereto, based on the
360360 applicable current posted bottle or case price. For purposes of providing
361361 samples pursuant to this subsection other than at industry seminars or to
362362 the licensee's employees, the term this subsection, "sample" shall have the
363363 same meaning as that term is defined in K.S.A. 41-2601, and amendments
364364 thereto means not more than three gallons of any brand of beer or cereal
365365 malt beverage.
366366 Sec. 4. K.S.A. 41-306, 41-306a and 41-307 are hereby repealed.
367367 Sec. 5. This act shall take effect and be in force from and after its
368368 publication in the statute book.
369369 1
370370 2
371371 3
372372 4
373373 5
374374 6
375375 7
376376 8
377377 9
378378 10
379379 11
380380 12
381381 13
382382 14
383383 15
384384 16
385385 17
386386 18
387387 19
388388 20
389389 21
390390 22
391391 23
392392 24
393393 25
394394 26
395395 27
396396 28
397397 29
398398 30
399399 31
400400 32
401401 33
402402 34
403403 35