Session of 2023
SENATE BILL No. 251
By Committee on Federal and State Affairs
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AN ACT concerning alcoholic beverages; relating to spirits distributors,
wine distributors and cereal malt beverage distributors; regulating
samples; amending K.S.A. 41-306, 41-306a and 41-307 and repealing
the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 41-306 is hereby amended to read as follows: 41-
306. A spirits distributor's license, shall allow:
(a) The wholesale purchase, importation and storage of spirits, but all
such spirits so purchased or imported which are manufactured in the
United States shall be purchased from the primary American source of
supply or from another licensed spirits distributor, except that a licensed
spirits distributor may purchase confiscated spirits at a sheriff's sale.
(b) The sale of spirits to:
(1) Spirits distributors licensed in this state;
(2) retailers licensed in this state, except that such distributor shall
sell a brand of spirits only to those retailers whose licensed premises are
located in the geographic territory within which such distributor is
authorized to sell such brand, as designated in the notice or notices filed
with the director pursuant to K.S.A. 41-410, and amendments thereto; and
(3) such persons located outside such territory or outside this state as
permitted by law.
(c) The purchase of spirits in barrels, casks or other bulk containers
and the bottling thereof before resale, but all bottles or containers filled
with such spirits shall be sealed, labeled and otherwise made to comply
with all laws and rules and regulations governing the preparation and
bottling of spirits by manufacturers and with all federal rules, regulations
and laws.
(d) The storage and delivery to a retailer licensed under the Kansas
liquor control act or a retailer licensed under K.S.A. 41-2702, and
amendments thereto, on the distributor's licensed premises, of alcoholic
liquor or cereal malt beverage of another licensed distributor authorized by
law to sell such alcoholic liquor or cereal malt beverage to such retailer, in
accordance with an agreement entered into with such other distributor and
approved by the director.
(e) The storage and delivery to a public venue licensed under the club
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and drinking establishment act of alcoholic liquor purchased by the public
venue licensee from a retailer authorized by law to sell such alcoholic
liquor to such public venue licensee.
(f) The withdrawal of spirits from such licensee's inventory for use as
samples in the course of the business of the distributor or at industry
seminars. Samples may only be provided to persons licensed as a
distributor or a retailer under the Kansas liquor control act, and such
person's employees or to persons licensed under the club and drinking
establishment act and such persons' employees. Samples may be served on
the licensed premises of the licensee, or on the premises of a licensed
retailer, provided except that no sample shall be served on that portion of
the premises of a licensed retailer that is open to the public and where
sales of alcoholic liquor at retail are made. Only products that have not
been purchased from the distributor licensee by the retailer or club and
drinking establishment act licensee within the previous 12 months may be
provided for sampling pursuant to this subsection. No sample shall be
provided to any minor. Nothing in this subsection shall be construed to
permit the licensee to sell any alcoholic liquor for consumption on the
premises. The withdrawal of spirits shall be subject to the tax imposed by
K.S.A. 79-4101 et seq., and amendments thereto, based on the applicable
current posted bottle or case price. For purposes of providing samples
pursuant to this subsection other than at industry seminars or to the
licensee's employees, the term "sample" shall have the same meaning as
that term is defined in K.S.A. 41-2601, and amendments thereto this
subsection, "sample" means not more than three liters of distilled spirits.
Sec. 2. K.S.A. 41-306a is hereby amended to read as follows: 41-
306a. A wine distributor's license shall allow:
(a) The wholesale purchase, importation and storage of wine, but all
wine so purchased or imported which is manufactured in the United States
shall be purchased from the primary American source of supply or from
another licensed wine distributor, except that a licensed wine distributor
may purchase confiscated wine at a sheriff's sale.
(b) The sale of wine to:
(1) Wine distributors licensed in this state;
(2) retailers licensed in this state, except that such distributor shall
sell a brand of wine only to those retailers whose licensed premises are
located in the geographic territory within which such distributor is
authorized to sell such brand, as designated in the notice or notices filed
with the director pursuant to K.S.A. 41-410, and amendments thereto; and
(3) such persons located outside such territory or outside this state as
permitted by law.
(c) The sale of wine, but only in barrels, casks and other bulk
containers, to:
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(1) Licensed caterers; and
(2) public venues, clubs and drinking establishments licensed in this
state, except that such distributor shall sell a brand of wine only to such
public venues, clubs and drinking establishments the licensed premises of
which are located in the geographic territory within which such distributor
is authorized to sell such brand, as designated in the notice or notices filed
with the director pursuant to K.S.A. 41-410, and amendments thereto.
(d) The purchase of wine in barrels, casks or other bulk containers
and the bottling thereof before resale, but all bottles or containers filled
with such wine shall be sealed, labeled and otherwise made to comply with
all laws and rules and regulations governing the preparation and bottling of
wine by manufacturers and with all federal rules, regulations and laws.
(e) The storage and delivery to a retailer licensed under the Kansas
liquor control act or a retailer licensed under K.S.A. 41-2702, and
amendments thereto, on the distributor's licensed premises, of alcoholic
liquor or cereal malt beverage of another licensed distributor authorized by
law to sell such alcoholic liquor or cereal malt beverage to such retailer, in
accordance with an agreement entered into with such other distributor and
approved by the director.
(f) The withdrawal of wine from such licensee's inventory for use as
samples in the course of the business of the distributor or at industry
seminars. Samples may only be provided to persons licensed as a
distributor or a retailer under the Kansas liquor control act, and such
person's employees, or to persons licensed under the club and drinking
establishment act, and such person's employees. Samples may be served
on the licensed premises of the licensee, or on the premises of a licensed
retailer, provided no sample shall be served on that portion of the premises
of a licensed retailer that is open to the public and where sales of alcoholic
liquor at retail are made. Samples may be served on the premises of a
licensee holding a license issued under the club and drinking establishment
act, provided no sample shall be served on that portion of the premises that
is open to the public and where sales of alcoholic liquor are made. Only
products that have not been purchased from the distributor licensee by the
retailer or club and drinking establishment licensee within the previous 12
months may be provided for sampling pursuant to this subsection. No
sample shall be provided to any minor. Nothing in this subsection shall be
construed to permit the licensee to sell any alcoholic liquor for
consumption on the premises. The withdrawal of wine shall be subject to
the tax imposed by K.S.A. 79-4101 et seq., and amendments thereto, based
on the applicable current posted bottle or case price. For purposes of
providing samples pursuant to this subsection other than at industry
seminars or to the licensee's employees, the term of this subsection,
"sample" shall have the same meaning as that term is defined in K.S.A. 41-
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2601, and amendments thereto means not more than three liters of any
brand of wine.
(g) This section shall be a part of and supplemental to the Kansas
liquor control act.
Sec. 3. K.S.A. 41-307 is hereby amended to read as follows: 41-307.
A beer distributor's license shall allow:
(a) The wholesale purchase, importation and storage of beer.
(b) The sale of beer to:
(1) Licensed caterers;
(2) beer distributors licensed in this state;
(3) retailers, public venues, clubs and drinking establishments,
licensed in this state, except that such distributor shall sell a brand of beer
only to those retailers, public venues, clubs and drinking establishments of
which the licensed premises are located in the geographic territory within
which such distributor is authorized to sell such brand, as designated in the
notice or notices filed with the director pursuant to K.S.A. 41-410, and
amendments thereto; and
(4) such persons located outside such territory or outside this state as
permitted by law.
(c) The sale of cereal malt beverage to:
(1) Beer distributors licensed in this state;
(2) clubs and drinking establishments, licensed in this state, and
retailers licensed under K.S.A. 41-2702, and amendments thereto, except
that such distributor shall sell a brand of cereal malt beverage only to those
such clubs, drinking establishments and retailers of which the licensed
premises are located in the geographic territory within which such
distributor is authorized to sell such brand, as designated in the notice or
notices filed with the director pursuant to K.S.A. 41-410, and amendments
thereto;
(3) retailers; and
(4) such persons located outside such territory or outside this state as
permitted by law.
(d) The sale of beer containing not more than 6% alcohol by volume
to cereal malt beverage retailers licensed pursuant to K.S.A. 41-2702, and
amendments thereto.
(e) The purchase of cereal malt beverage in kegs or other bulk
containers and the bottling or canning thereof in accordance with law.
(f) The storage and delivery to a retailer licensed under the Kansas
liquor control act or a retailer licensed under K.S.A. 41-2702, and
amendments thereto, on the distributor's licensed premises, of alcoholic
liquor or cereal malt beverage of another licensed distributor authorized by
law to sell such alcoholic liquor or cereal malt beverage to such retailer, in
accordance with an agreement entered into with such other distributor and
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approved by the director.
(g) The storage and delivery, with proper invoicing in accordance
with rules and regulations adopted by the secretary, on the premises of a
public venue licensee, of beer sold to or available for purchase by the
public venue during an event.
(h) The withdrawal of beer or cereal malt beverage from such
licensee's inventory for use as samples in the course of the business of the
distributor or at industry seminars. Samples may only be provided to
persons licensed as a distributor or a retailer under the Kansas liquor
control act, and such person's employees, or to persons licensed under the
club and drinking establishment act, and such person's employees.
Samples may be served on the licensed premises of the licensee, or on the
premises of a licensed retailer, provided no sample shall be served on that
portion of the premises of a licensed retailer that is open to the public and
where sales of alcoholic liquor at retail are made. Samples may be served
on the premises of a licensee holding a license issued under the club and
drinking establishment act, provided no sample shall be served on that
portion of the premises that is open to the public and where sales of
alcoholic liquor are made. Only products that have not been purchased
from the distributor licensee by the retailer or club and drinking
establishment act licensee within the previous 12 months may be provided
for sampling pursuant to this subsection. No sample shall be provided to
any minor. Nothing in this subsection shall be construed to permit the
licensee to sell any alcoholic liquor for consumption on the premises. The
withdrawal of beer or cereal malt beverage shall be subject to the tax
imposed by K.S.A. 79-4101 et seq., and amendments thereto, based on the
applicable current posted bottle or case price. For purposes of providing
samples pursuant to this subsection other than at industry seminars or to
the licensee's employees, the term this subsection, "sample" shall have the
same meaning as that term is defined in K.S.A. 41-2601, and amendments
thereto means not more than three gallons of any brand of beer or cereal
malt beverage.
Sec. 4. K.S.A. 41-306, 41-306a and 41-307 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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