Kansas 2023-2024 Regular Session

Kansas Senate Bill SB253 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2023
2	2	SENATE BILL No. 253
3	3	By Committee on Federal and State Affairs
4	4	2-15
5	5	AN ACT concerning alcoholic beverages; authorizing the delivery of
6	6	alcoholic liquor and cereal malt beverage by licensed retailers, licensed
7	7	clubs, drinking establishments and restaurants and third-party delivery
8	8	services to patrons; amending K.S.A. 41-327, 41-2601, 41-2701 and
9	9	41-2728 and K.S.A. 2022 Supp. 41-102 and repealing the existing
10	10	sections.
11	11	Be it enacted by the Legislature of the State of Kansas:
12	12	New Section 1. (a) A third-party delivery service permit shall allow
13	13	the permit holder to deliver alcoholic liquor or cereal malt beverage on
14	14	behalf of a retailer, a cereal malt beverage retailer as defined in K.S.A. 41-
15	15	2701, and amendments thereto, or a club and drinking establishment act
16	16	licensee as defined in section 3, and amendments thereto, in accordance
17	17	with the provisions of sections 2, 3 and 4, and amendments thereto, except
18	18	that such deliveries shall only occur within this state.
19	19	(b) An application for a third-party delivery service permit shall be
20	20	submitted in such form and manner as prescribed by the director and shall
21	21	include payment of the delivery service permit fee in the amount of
22	22	$1,500. Each application shall contain an affirmation by the applicant that
23	23	the applicant is registered to do business in this state and that all of the
24	24	following is true for each individual conducting deliveries on behalf of the
25	25	applicant:
26	26	(1) The individual is at least 21 years of age and holds a valid driver's
27	27	license;
28	28	(2) the individual will maintain or otherwise be covered by primary
29	29	automobile insurance that meets the minimum coverage requirements in
30	30	K.S.A. 40-284 and 40-3107, and amendments thereto; and
31	31	(3) the individual will comply with the provisions of sections 2, 3 and
32	32	4, and amendments thereto, in conducting deliveries of alcoholic liquor
33	33	and cereal malt beverage.
34	34	(c) A third-party delivery service permit shall commence on the date
35	35	specified on the permit and expire one year after such date.
36	36	(d) A delivery service permit holder shall be liable for violations of
37	37	K.S.A. 41-715, and amendments thereto, and sections 2, 3 and 4, and
38	38	amendments thereto, that are committed by any individual conducting
39	39	deliveries on behalf of such third-party delivery service permit holder.
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76	76	(e) The secretary shall adopt rules and regulations necessary to
77	77	implement the provisions of this section.
78	78	(f) Personal data collected solely to comply with the requirements of
79	79	this section shall be limited to what is adequate, relevant and reasonably
80	80	necessary in relation to the purposes for which such data is processed, as
81	81	disclosed to the consumer. A retailer, licensee or third-party delivery
82	82	service permit holder shall implement and maintain reasonable security
83	83	procedures and practices, including administrative, physical and technical
84	84	safeguards appropriate to the nature of the data and the purposes for which
85	85	the data will be used to protect the data collected from the unauthorized
86	86	use, disclosure, access, destruction or modification to comply with the
87	87	requirements of this section.
88	88	(g) Nothing in sections 2, 3 and 4, and amendments thereto, shall be
89	89	construed to require a company that only provides technology services to a
90	90	retailer or licensee to obtain a third-party delivery service permit if the
91	91	company does not employ or contract with delivery drivers but only
92	92	provides software or an application that connects consumers and licensed
93	93	retailers.
94	94	(h) The provisions of this section shall be a part of and supplemental
95	95	to the Kansas liquor control act.
96	96	(i) At the time of application and for any changes at renewal, a third-
97	97	party delivery service shall submit an outline of internal or external
98	98	training for individuals engaged in delivery that addresses topics such as
99	99	identifying underage persons, intoxicated persons and fake or altered
100	100	identification.
101	101	(j) Individuals engaged in a delivery service shall use an
102	102	identification scanning software technology or an alternative approved by
103	103	the director, to verify the age of the consumer upon delivery.
104	104	New Sec. 2. (a) In addition to the rights of a retailer under the Kansas
105	105	liquor control act, a retailer license shall allow the retailer to deliver
106	106	alcoholic liquor and cereal malt beverage in the original unopened
107	107	container that is sold by such retailer to a patron at an address designated
108	108	by such patron for consumption off the licensed premises and not for
109	109	resale. Such delivery must occur within this state.
110	110	(b) Prior to any alcoholic liquor or cereal malt beverage being
111	111	removed from a retailer's licensed premises for delivery under this section,
112	112	such retailer shall finalize all payments for such alcoholic liquor or cereal
113	113	malt beverage made by the purchasing patron or obtain a debit or credit
114	114	card authorization for the total amount charged for such alcoholic liquor or
115	115	cereal malt beverage, including any additional fees to be charged in
116	116	connection with the delivery. All alcoholic liquor and cereal malt beverage
117	117	shall be assembled, packaged and fulfilled for delivery at such retailer's
118	118	licensed premises and from the retailer's inventory located at such
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162	162	premises.
163	163	(c) (1) A retailer may authorize deliveries on such retailer's behalf
164	164	through a contractual agreement with a third-party delivery service. A
165	165	third-party delivery service shall hold a valid delivery permit prior to
166	166	entering into any such contractual agreement with a retailer.
167	167	(2) A third-party delivery service may offer to conduct deliveries on
168	168	behalf of a retailer pursuant to this section if the retailer expressly agrees
169	169	in writing to allow the third-party delivery service to offer the delivery of
170	170	orders on behalf of such retailer.
171	171	(3) Any provision in an agreement between a third-party delivery
172	172	service and a retailer that is contrary to this subsection is void and
173	173	unenforceable.
174	174	(d) (1) A retailer may authorize a third-party delivery service to
175	175	conduct other delivery-related services. A third-party delivery service that
176	176	has contracted with a retailer for such services may use electronic means,
177	177	including, but not limited to, websites and mobile device applications, to
178	178	market, receive and process orders placed by patrons for alcoholic liquor
179	179	and cereal malt beverage if:
180	180	(A) The retailer retains sole discretion to determine whether to accept
181	181	an order and to complete a sale transaction;
182	182	(B) the sale transaction is between the patron placing the order and
183	183	the retailer that accepts such order, and the retailer appears as the merchant
184	184	of record at all times, including at the time of purchase and acceptance of
185	185	the delivery; and
186	186	(C) the retailer receives full payment from the patron placing the
187	187	order for all alcoholic liquor and cereal malt beverage included in such
188	188	order, and all moneys collected from such patron are automatically paid or
189	189	otherwise credited to such retailer.
190	190	(2) A third-party delivery service conducting deliveries or other
191	191	delivery-related services on behalf of a retailer shall not:
192	192	(A) Use a retailer's likeness to falsely suggest sponsorship or
193	193	endorsement of such third-party delivery service by such retailer;
194	194	(B) inflate or alter a retailer's pricing, but may assess other charges to
195	195	the patron if such charges are separately itemized on the receipt provided
196	196	to the patron; or
197	197	(C) charge the retailer any fee or other expense unless such fee or
198	198	other expense is clearly identified in a written agreement executed by both
199	199	parties.
200	200	(3) A third-party delivery service shall remove a retailer from such
201	201	third-party delivery service's delivery and delivery-related services within
202	202	10 days after receiving a request for such removal from such retailer.
203	203	(e) (1) All alcoholic liquor and cereal malt beverage that is removed
204	204	from a retailer's licensed premises for delivery pursuant to this section
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248	248	shall remain in the possession of such retailer or the third-party delivery
249	249	service. Such alcoholic liquor and cereal malt beverage shall not be
250	250	transferred to any other person until delivered to the address designated by
251	251	the patron or, if delivery cannot be completed, returned to the licensed
252	252	premises of the retailer.
253	253	(2) Alcoholic liquor and cereal malt beverage shall only be delivered
254	254	by an individual who:
255	255	(A) Is at least 21 years of age;
256	256	(B) holds a valid driver's license;
257	257	(C) is covered as the driver of a vehicle by primary automobile
258	258	insurance that meets the minimum coverage requirements in K.S.A. 40-
259	259	284 and 40-3107, and amendments thereto; and
260	260	(D) completes a training and certification program for individuals
261	261	delivering alcoholic liquor and cereal malt beverage pursuant to this
262	262	section that is reviewed and approved by the director and includes, but is
263	263	not limited to, identifying individuals who are less than 21 years of age or
264	264	intoxicated and recognizing false or altered forms of identification.
265	265	(f) (1) All alcoholic liquor and cereal malt beverage delivered
266	266	pursuant to this section shall only be delivered to a location in a county
267	267	where the qualified electors of the county approved, by a majority vote of
268	268	those voting therein, the proposition to amend section 10 of article 15 of
269	269	the constitution of the state of Kansas at the general election in November
270	270	1986, or have approved a proposition to allow sales of alcoholic liquor by
271	271	the individual drink in public places within the county at an election
272	272	pursuant to K.S.A. 41-2646, and amendments thereto, and to an individual
273	273	who is at least 21 years of age and who presents valid government-issued
274	274	photographic identification verifying the age of such individual. The
275	275	identity and age of the individual accepting delivery of any alcoholic
276	276	liquor or cereal malt beverage shall be verified, and such individual shall
277	277	execute a written or electronic acknowledgment of receipt of such
278	278	alcoholic liquor or cereal malt beverage and certification of such
279	279	individual's age. A delivery shall be deemed completed upon proper
280	280	acceptance of the alcoholic liquor or cereal malt beverage. All completed
281	281	deliveries shall be final.
282	282	(2) No delivery of alcoholic liquor or cereal malt beverage shall be
283	283	completed if:
284	284	(A) There is no individual physically present at the address
285	285	designated by the patron placing the order who is available to accept
286	286	delivery;
287	287	(B) the individual attempting to accept delivery is:
288	288	(i) Less than 21 years of age;
289	289	(ii) unable to provide valid government-issued photographic
290	290	identification; or
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334	334	(iii) noticeably intoxicated; or
335	335	(C) the address designated by the patron placing the order is:
336	336	(i) Part of any locker, mailbox, package shipping location or similar
337	337	service or storage facility business;
338	338	(ii) any place of worship;
339	339	(iii) any daycare;
340	340	(iv) any elementary or secondary school;
341	341	(v) any public or private postsecondary educational institution; or
342	342	(vi) any place of business that is licensed under the Kansas liquor
343	343	control act, Kansas cereal malt beverages act or the club and drinking
344	344	establishment act to manufacture, distribute or sell alcoholic liquor, except
345	345	that such deliveries may be made to a guest of a hotel for personal
346	346	consumption and not for resale.
347	347	(3) Deliveries of alcoholic liquor or cereal malt beverage shall only
348	348	be made:
349	349	(A) On the same calendar day that such alcoholic liquor or cereal
350	350	malt beverage is removed from the retailer's license premises for delivery;
351	351	(B) during those times when it is lawful for the retailer to sell
352	352	alcoholic liquor or cereal malt beverage for consumption off the licensed
353	353	premises; and
354	354	(C) to a Kansas address that is located within a 25-mile radius from
355	355	the licensed premises of the retailer that sold such alcoholic liquor or
356	356	cereal malt beverage.
357	357	(g) Each retailer delivering alcoholic liquor or cereal malt beverage
358	358	pursuant to this section and each third-party delivery service shall submit
359	359	to the director an outline of a training and certification program for
360	360	individuals delivering alcoholic liquor and cereal malt beverage pursuant
361	361	to this section that includes, but is not limited to, identifying individuals
362	362	who are less than 21 years of age or intoxicated and recognizing false or
363	363	altered forms of identification. The director shall review and approve or
364	364	deny all submitted program outlines. The director shall provide the
365	365	specific reason for the denial of any program outline along with notice to
366	366	the retailer or third-party delivery service that such program outline is
367	367	denied.
368	368	(h) In addition to the powers and duties of the director provided in
369	369	K.S.A. 41-201, and amendments thereto, the director and any employees
370	370	or agents thereof shall have the authority to conduct an audit of any
371	371	retailer's or third-party delivery service's records to determine if any
372	372	provision of this section or any rule or regulation adopted by the secretary
373	373	has been violated or to secure evidence of any such violation. Retailers or
374	374	third-party delivery service permit holders shall maintain records of
375	375	alcoholic liquor sales delivered for a period of three years.
376	376	(i) In addition to or in lieu of any other civil or criminal penalty
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420	420	provided by law, the director, upon a finding that a retailer or third-party
421	421	delivery service has violated any provision of this section, may impose a
422	422	civil fine not to exceed $1,000 for each violation. The director may enforce
423	423	the requirements of this section against a retailer or a third-party delivery
424	424	service for any violations committed by a retailer or third-party delivery
425	425	service contracting with such retailer. The director may impose a civil fine
426	426	on a retailer or a third-party delivery service for the same violation.
427	427	Nothing in this section shall be construed to limit the jurisdictional
428	428	authority of the director in pursuing violations of this section against a
429	429	retailer or third-party delivery service.
430	430	(j) A retailer aggrieved by a third-party delivery service that violates
431	431	the provisions of this section may bring an action to enjoin such violation
432	432	and may seek damages resulting from such violation, including all profits
433	433	derived from such violation. A retailer may seek punitive damages in an
434	434	amount not to exceed three times the amount of profits and damages if the
435	435	defendant knowingly committed the violation or the violation was
436	436	committed in bad faith. The prevailing party in any such action may
437	437	recover reasonable attorney fees and court costs.
438	438	(k) A retailer may contract with another retailer as a third-party
439	439	delivery service to conduct deliveries and other delivery-related services
440	440	on behalf of such other retailer in accordance with the provisions of this
441	441	section. Such retailer shall hold a valid delivery permit prior to entering
442	442	into any such contractual agreement with such other retailer.
443	443	(l) The secretary shall adopt rules and regulations necessary to
444	444	implement and enforce the provisions of this section.
445	445	(m) The provisions of this section shall be a part of and supplemental
446	446	to the Kansas liquor control act.
447	447	New Sec. 3. (a) In addition to the rights of a licensee under the club
448	448	and drinking establishment act, such license shall allow the licensee to
449	449	deliver alcoholic liquor and cereal malt beverage in accordance with the
450	450	container limitation provisions of K.S.A. 41-2653, and amendments
451	451	thereto, that is sold by such licensee to a patron at an address designated
452	452	by such patron for consumption off the licensed premises and not for
453	453	resale. Such delivery must occur within this state.
454	454	(b) Prior to any alcoholic liquor or cereal malt beverage being
455	455	removed from a licensee's premises for delivery under this section, such
456	456	licensee shall finalize all payments for such alcoholic liquor or cereal malt
457	457	beverage made by the purchasing patron or obtain a debit or credit card
458	458	authorization for the total amount charged for such alcoholic liquor or
459	459	cereal malt beverage, including any additional fees to be charged in
460	460	connection with the delivery. All alcoholic liquor and cereal malt beverage
461	461	shall be assembled, packaged and fulfilled for delivery at such licensee's
462	462	premises and from such inventory located at such premises.
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506	506	(c) (1) A licensee may authorize deliveries on such licensee's behalf
507	507	through a contractual agreement with a third-party delivery service. A
508	508	third-party delivery service shall hold a valid delivery permit prior to
509	509	entering into any such contractual agreement with a licensee.
510	510	(2) A third-party delivery service may offer to conduct deliveries on
511	511	behalf of a licensee pursuant to this section if the licensee expressly agrees
512	512	in writing to allow the third-party delivery service to offer the delivery of
513	513	orders on behalf of such licensee.
514	514	(3) Any provision in an agreement between a third-party delivery
515	515	service and a licensee that is contrary to this subsection is void and
516	516	unenforceable.
517	517	(d) (1) A licensee may authorize a third-party delivery service to
518	518	conduct other delivery-related services. A third-party delivery service that
519	519	has contracted with a licensee for such services may use electronic means,
520	520	including, but not limited to, websites and mobile device applications, to
521	521	market, receive and process orders placed by patrons for alcoholic liquor
522	522	and cereal malt beverage if:
523	523	(A) The licensee retains sole discretion to determine whether to
524	524	accept an order and to complete a sale transaction;
525	525	(B) the sale transaction is between the patron placing the order and
526	526	the licensee that accepts such order, and the licensee appears as the
527	527	merchant of record at all times, including at the time of purchase and
528	528	acceptance of the delivery; and
529	529	(C) the licensee receives full payment from the patron placing the
530	530	order for all alcoholic liquor and cereal malt beverage included in such
531	531	order, and all moneys collected from such patron are automatically paid or
532	532	otherwise credited to such licensee.
533	533	(2) A third-party delivery service conducting deliveries or other
534	534	delivery-related services on behalf of a licensee shall not:
535	535	(A) Use a licensee's likeness to falsely suggest sponsorship or
536	536	endorsement of such third-party delivery service by such licensee;
537	537	(B) inflate or alter a licensee's pricing, but may assess other charges
538	538	to the patron if such charges are separately itemized on the receipt
539	539	provided to the patron; or
540	540	(C) charge the licensee any fee or other expense unless such fee or
541	541	other expense is clearly identified in a written agreement executed by both
542	542	parties.
543	543	(3) A third-party delivery service shall remove a licensee from such
544	544	third-party delivery service's delivery and delivery-related services within
545	545	10 days after receiving a request for such removal from such licensee.
546	546	(e) (1) All alcoholic liquor and cereal malt beverage that is removed
547	547	from a licensee's premises for delivery pursuant to this section shall
548	548	remain in the possession of such licensee or the third-party delivery
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592	592	service. Such alcoholic liquor and cereal malt beverage shall not be
593	593	transferred to any other person until delivered to the address designated by
594	594	the patron or, if delivery cannot be completed, returned to the premises of
595	595	the licensee.
596	596	(2) Alcoholic liquor and cereal malt beverage shall only be delivered
597	597	by an individual who:
598	598	(A) Is at least 21 years of age;
599	599	(B) holds a valid driver's license;
600	600	(C) is covered as the driver of a vehicle by primary automobile
601	601	insurance that meets the minimum coverage requirements in K.S.A. 40-
602	602	284 and 40-3107, and amendments thereto; and
603	603	(D) completes a training and certification program for individuals
604	604	delivering alcoholic liquor and cereal malt beverage pursuant to this
605	605	section that is reviewed and approved by the director and includes, but is
606	606	not limited to, identifying individuals who are less than 21 years of age or
607	607	intoxicated and recognizing false or altered forms of identification.
608	608	(f) (1) All alcoholic liquor and cereal malt beverage delivered
609	609	pursuant to this section shall only be delivered to a location in a county
610	610	where the qualified electors of the county approved, by a majority vote of
611	611	those voting therein, the proposition to amend section 10 of article 15 of
612	612	the constitution of the state of Kansas at the general election in November
613	613	1986, or have approved a proposition to allow sales of alcoholic liquor by
614	614	the individual drink in public places within the county at an election
615	615	pursuant to K.S.A. 41-2646, and amendments thereto, and to an individual
616	616	who is at least 21 years of age and who presents valid government-issued
617	617	photographic identification verifying the age of such individual. The
618	618	identity and age of the individual accepting delivery of any alcoholic
619	619	liquor or cereal malt beverage shall be verified, and such individual shall
620	620	execute a written or electronic acknowledgment of receipt of such
621	621	alcoholic liquor or cereal malt beverage and certification of such
622	622	individual's age. A delivery shall be deemed completed upon proper
623	623	acceptance of the alcoholic liquor or cereal malt beverage. All completed
624	624	deliveries shall be final.
625	625	(2) No delivery of alcoholic liquor or cereal malt beverage shall be
626	626	completed if:
627	627	(A) There is no individual physically present at the address
628	628	designated by the patron placing the order who is available to accept
629	629	delivery;
630	630	(B) the individual attempting to accept delivery is:
631	631	(i) Less than 21 years of age;
632	632	(ii) unable to provide valid government-issued photographic
633	633	identification; or
634	634	(iii) noticeably intoxicated; or
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678	678	(C) the address designated by the patron placing the order is:
679	679	(i) Part of any locker, mailbox, package shipping location or similar
680	680	service or storage facility business;
681	681	(ii) any place of worship;
682	682	(iii) any daycare;
683	683	(iv) any elementary or secondary school;
684	684	(v) any public or private postsecondary educational institution; or
685	685	(vi) any place of business that is licensed under the Kansas liquor
686	686	control act, Kansas cereal malt beverages act or the club and drinking
687	687	establishment act to manufacture, distribute or sell alcoholic liquor, except
688	688	that such deliveries may be made to a guest of a hotel for personal
689	689	consumption and not for resale.
690	690	(3) Deliveries of alcoholic liquor or cereal malt beverage shall only
691	691	be made:
692	692	(A) On the same calendar day that such alcoholic liquor or cereal
693	693	malt beverage is removed from the licensee's premises for delivery;
694	694	(B) during those times when it is lawful for the licensee to sell
695	695	alcoholic liquor or cereal malt beverage for consumption on the licensed
696	696	premises; and
697	697	(C) to a Kansas address that is located within a 25-mile radius from
698	698	the licensed premises of the licensee that sold such alcoholic liquor or
699	699	cereal malt beverage.
700	700	(g) Each licensee delivering alcoholic liquor or cereal malt beverage
701	701	pursuant to this section and each third-party delivery service shall submit
702	702	to the director an outline of a training and certification program for
703	703	individuals delivering alcoholic liquor and cereal malt beverage pursuant
704	704	to this section that includes, but is not limited to, identifying individuals
705	705	who are less than 21 years of age or intoxicated and recognizing false or
706	706	altered forms of identification. The director shall review and approve or
707	707	deny all submitted program outlines. The director shall provide the
708	708	specific reason for the denial of any program outline along with notice to
709	709	the licensee or third-party delivery service that such program outline is
710	710	denied.
711	711	(h) In addition to the powers and duties of the director provided in
712	712	K.S.A. 41-201, and amendments thereto, the director and any employees
713	713	or agents thereof shall have the authority to conduct an audit of any
714	714	licensee's or third-party delivery service's records to determine if any
715	715	provision of this section or any rule or regulation adopted by the secretary
716	716	has been violated or to secure evidence of any such violation. Licensees or
717	717	third-party delivery service permit holders shall maintain records of
718	718	alcoholic liquor sales delivered for a period of three years.
719	719	(i) In addition to or in lieu of any other civil or criminal penalty
720	720	provided by law, the director, upon a finding that a licensee or third-party
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764	764	delivery service has violated any provision of this section, may impose a
765	765	civil fine not to exceed $1,000 for each violation. The director may enforce
766	766	the requirements of this section against a licensee or a third-party delivery
767	767	service for any violations committed by a licensee or third-party delivery
768	768	service contracting with such licensee. The director may impose a civil
769	769	fine on a licensee or a third-party delivery service for the same violation.
770	770	Nothing in this section shall be construed to limit the jurisdictional
771	771	authority of the director in pursuing violations of this section against a
772	772	licensee or third-party delivery service.
773	773	(j) A licensee aggrieved by a third-party delivery service that violates
774	774	the provisions of this section may bring an action to enjoin such violation
775	775	and may seek damages resulting from such violation, including all profits
776	776	derived from such violation. A licensee may seek punitive damages in an
777	777	amount not to exceed three times the amount of profits and damages if the
778	778	defendant knowingly committed the violation or the violation was
779	779	committed in bad faith. The prevailing party in any such action may
780	780	recover reasonable attorney fees and court costs.
781	781	(k) A licensee may contract with another licensee as a third-party
782	782	delivery service to conduct deliveries and other delivery-related services
783	783	on behalf of such other licensee in accordance with the provisions of this
784	784	section. Such licensee shall hold a valid delivery permit prior to entering
785	785	into any such contractual agreement with such other licensee.
786	786	(l) The secretary shall adopt rules and regulations necessary to
787	787	implement and enforce the provisions of this section.
788	788	(m) "Licensee" means a club, drinking establishment and restaurant
789	789	as those terms are defined in K.S.A. 41-1601, and amendments thereto, the
790	790	club and drinking establishment act.
791	791	(n) The provisions of this section shall be a part of and supplemental
792	792	to the club and drinking establishment act.
793	793	New Sec. 4. (a) In addition to the rights of a retailer under the Kansas
794	794	cereal malt beverage act, a retailer license shall allow the retailer to deliver
795	795	cereal malt beverage and beer containing not more than 6% alcohol by
796	796	volume in the original unopened container that is sold by such retailer to a
797	797	patron at an address designated by such patron for consumption off the
798	798	licensed premises and not for resale, provided that such delivery occurs
799	799	within the state.
800	800	(b) Prior to any cereal malt beverage and beer containing not more
801	801	than 6% alcohol by volume being removed from a retailer's licensed
802	802	premises for delivery under this section, such retailer shall finalize all
803	803	payments for such cereal malt beverage and beer containing not more than
804	804	6% alcohol by volume made by the purchasing patron or obtain a debit or
805	805	credit card authorization for the total amount charged for such cereal malt
806	806	beverage and beer containing not more than 6% alcohol by volume,
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850	850	including any additional fees to be charged in connection with the delivery.
851	851	All cereal malt beverage and beer containing not more than 6% alcohol by
852	852	volume shall be assembled, packaged and fulfilled for delivery at such
853	853	retailer's licensed premises and from the retailer's inventory located at such
854	854	premises.
855	855	(c) (1) A retailer may authorize deliveries on such retailer's behalf
856	856	through a contractual agreement with a third-party delivery service. A
857	857	third-party delivery service shall hold a valid delivery permit prior to
858	858	entering into any such contractual agreement with a retailer.
859	859	(2) A third-party delivery service may offer to conduct deliveries on
860	860	behalf of a retailer pursuant to this section if the retailer expressly agrees
861	861	in writing to allow the third-party delivery service to offer the delivery of
862	862	orders on behalf of such retailer. Any provision in an agreement between a
863	863	third-party delivery service and a retailer that is contrary to this subsection
864	864	is void and unenforceable.
865	865	(d) (1) A retailer may authorize a third-party delivery service to
866	866	conduct other delivery-related services. A third-party delivery service that
867	867	has contracted with a retailer for such services may use electronic means,
868	868	including, but not limited to, websites and mobile device applications, to
869	869	market, receive and process orders placed by patrons for cereal malt
870	870	beverage and beer containing not more than 6% alcohol by volume if:
871	871	(A) The retailer retains sole discretion to determine whether to accept
872	872	an order and to complete a sale transaction;
873	873	(B) the sale transaction is between the patron placing the order and
874	874	the retailer that accepts such order, and the retailer appears as the merchant
875	875	of record at all times, including at the time of purchase and acceptance of
876	876	the delivery; and
877	877	(C) the retailer receives full payment from the patron placing the
878	878	order for all cereal malt beverage and beer containing not more than 6%
879	879	alcohol by volume included in such order, and all moneys collected from
880	880	such patron are automatically paid or otherwise credited to such retailer.
881	881	(2) A third-party delivery service conducting deliveries or other
882	882	delivery-related services on behalf of a retailer shall not:
883	883	(A) Use a retailer's likeness to falsely suggest sponsorship or
884	884	endorsement of such third-party delivery service by such retailer;
885	885	(B) inflate or alter a retailer's pricing, but may assess other charges to
886	886	the patron if such charges are separately itemized on the receipt provided
887	887	to the patron; or
888	888	(C) charge the retailer any fee or other expense unless such fee or
889	889	other expense is clearly identified in a written agreement executed by both
890	890	parties.
891	891	(3) A third-party delivery service shall remove a retailer from such
892	892	third-party delivery service's delivery and delivery-related services within
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936	936	10 days after receiving a request for such removal from such retailer.
937	937	(e) (1) All cereal malt beverage and beer containing not more than
938	938	6% alcohol by volume that is removed from a retailer's licensed premises
939	939	for delivery pursuant to this section shall remain in the possession of such
940	940	retailer or the third-party delivery service conducting the delivery on
941	941	behalf of such retailer. Such cereal malt beverage and beer containing not
942	942	more than 6% alcohol by volume shall not be transferred to any other
943	943	person until delivered to the address designated by the patron, or if
944	944	delivery cannot be completed, returned to the licensed premises of the
945	945	retailer.
946	946	(2) Cereal malt beverage and beer containing not more than 6%
947	947	alcohol by volume shall only be delivered by an individual who:
948	948	(A) Is at least 21 years of age;
949	949	(B) holds a valid driver's license;
950	950	(C) is covered as the driver of a vehicle by primary automobile
951	951	insurance that meets the minimum coverage requirements in K.S.A. 40-
952	952	284 and 40-3107, and amendments thereto; and
953	953	(D) completes a training and certification program for individuals
954	954	delivering cereal malt beverage and beer containing not more than 6%
955	955	alcohol by volume pursuant to this section that is reviewed and approved
956	956	by the director and includes, but is not limited to, identifying individuals
957	957	who are less than 21 years of age or intoxicated and recognizing false or
958	958	altered forms of identification.
959	959	(f) (1) All cereal malt beverage and beer containing not more than 6%
960	960	alcohol by volume delivered pursuant to this section shall only be
961	961	delivered to an individual who is at least 21 years of age and who presents
962	962	valid government-issued photographic identification verifying the age of
963	963	such individual. The identity and age of the individual accepting delivery
964	964	of any cereal malt beverage and beer containing not more than 6% alcohol
965	965	by volume shall be verified, and such individual shall execute a written or
966	966	electronic acknowledgment of receipt of such cereal malt beverage and
967	967	beer containing not more than 6% alcohol by volume and certification of
968	968	such individual's age. A delivery shall be deemed completed upon proper
969	969	acceptance of the cereal malt beverage and beer containing not more than
970	970	6% alcohol by volume. All completed deliveries shall be final.
971	971	(2) No delivery of cereal malt beverage and beer containing not more
972	972	than 6% alcohol by volume shall be completed if:
973	973	(A) There is no individual physically present at the address
974	974	designated by the patron placing the order who is available to accept
975	975	delivery;
976	976	(B) the individual attempting to accept delivery is:
977	977	(i) Less than 21 years of age;
978	978	(ii) unable to provide valid government-issued photographic
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1022	1022	identification; or
1023	1023	(iii) noticeably intoxicated; or
1024	1024	(C) the address designated by the patron placing the order is:
1025	1025	(i) Part of any locker, mailbox, package shipping location or similar
1026	1026	service or storage facility business;
1027	1027	(ii) any place of worship;
1028	1028	(iii) any daycare;
1029	1029	(iv) any elementary or secondary school;
1030	1030	(v) any public or private postsecondary educational institution; or
1031	1031	(vi) any place of business that is licensed under the Kansas liquor
1032	1032	control act, Kansas cereal malt beverages act or the club and drinking
1033	1033	establishment act to manufacture, distribute or sell alcoholic liquor, except
1034	1034	that such deliveries may be made to a guest of a hotel for personal
1035	1035	consumption and not for resale.
1036	1036	(3) Deliveries of cereal malt beverage and beer containing not more
1037	1037	than 6% alcohol by volume shall only be made:
1038	1038	(A) On the same calendar day that such cereal malt beverage and beer
1039	1039	containing not more than 6% alcohol by volume is removed from the
1040	1040	retailer's license premises for delivery;
1041	1041	(B) during those times when it is lawful for the retailer to sell cereal
1042	1042	malt beverage and beer containing not more than 6% alcohol by volume
1043	1043	for consumption off the licensed premises; and
1044	1044	(C) to a Kansas address that is located within a 25-mile radius from
1045	1045	the licensed premises of the retailer that sold such cereal malt beverage
1046	1046	and beer containing not more than 6% alcohol by volume.
1047	1047	(g) Each retailer delivering cereal malt beverage and beer containing
1048	1048	not more than 6% alcohol by volume pursuant to this section and each
1049	1049	third-party delivery service shall submit to the director an outline of a
1050	1050	training and certification program for individuals delivering cereal malt
1051	1051	beverage and beer containing not more than 6% alcohol by volume
1052	1052	pursuant to this section that includes, but is not limited to, identifying
1053	1053	individuals who are less than 21 years of age or intoxicated and
1054	1054	recognizing false or altered forms of identification. The director shall
1055	1055	review and approve or deny all submitted program outlines. The director
1056	1056	shall provide the specific reason for the denial of any program outline
1057	1057	along with notice to the retailer or third-party delivery service that such
1058	1058	program outline is denied.
1059	1059	(h) In addition to the powers and duties of the director provided in
1060	1060	K.S.A. 41-201, and amendments thereto, the director and any employees
1061	1061	or agents thereof shall have the authority to conduct an audit of any
1062	1062	retailer's or third-party delivery service's records to determine if any
1063	1063	provision of this section or any rule or regulation adopted by the secretary
1064	1064	has been violated or to secure evidence of any such violation. A retailer or
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1107	1107	43 SB 253 14
1108	1108	third-party delivery service shall maintain records of cereal malt beverage
1109	1109	and beer sales delivered for a period of three years.
1110	1110	(i) In addition to or in lieu of any other civil or criminal penalty
1111	1111	provided by law, the director, upon a finding that a retailer or third-party
1112	1112	delivery service has violated any provision of this section, may impose a
1113	1113	civil fine not to exceed $1,000 for each violation. The director may enforce
1114	1114	the requirements of this section against a retailer or a third-party delivery
1115	1115	service for any violations committed by such retailer or third-party
1116	1116	delivery service contracting with such retailer or third-party delivery
1117	1117	service. The director may impose a civil fine on a retailer or a third-party
1118	1118	delivery service for the same violation. Nothing in this section shall be
1119	1119	construed to limit the jurisdictional authority of the director in pursuing
1120	1120	violations of this section against any retailer or third-party delivery
1121	1121	service.
1122	1122	(j) A retailer aggrieved by a third-party delivery service that violates
1123	1123	the provisions of this section may bring an action to enjoin such violation
1124	1124	and may seek damages resulting from such violation, including all profits
1125	1125	derived from such violation. A retailer may seek punitive damages in an
1126	1126	amount not to exceed three times the amount of profits and damages if the
1127	1127	defendant knowingly committed the violation or the violation was
1128	1128	committed in bad faith. The prevailing party in any such action may
1129	1129	recover reasonable attorney fees and court costs.
1130	1130	(k) A retailer may contract with another retailer as a third-party
1131	1131	delivery service to conduct deliveries and other delivery-related services
1132	1132	on behalf of such other retailer in accordance with the provisions of this
1133	1133	section. Such retailer shall hold a valid delivery permit prior to entering
1134	1134	into any such contractual agreement with such other retailer.
1135	1135	(l) The secretary shall adopt rules and regulations necessary to
1136	1136	implement and enforce the provisions of this section.
1137	1137	(m) The provisions of this section shall be a part of and supplemental
1138	1138	to the Kansas cereal malt beverage act.
1139	1139	Sec. 5. K.S.A. 2022 Supp. 41-102 is hereby amended to read as
1140	1140	follows: 41-102. As used in this act, unless the context clearly requires
1141	1141	otherwise:
1142	1142	(a) "Alcohol" means the product of distillation of any fermented
1143	1143	liquid, whether rectified or diluted, whatever its origin, and includes
1144	1144	synthetic ethyl alcohol but does not include denatured alcohol or wood
1145	1145	alcohol.
1146	1146	(b) "Alcoholic candy" means:
1147	1147	(1) For purposes of manufacturing, any candy or other confectionery
1148	1148	product with an alcohol content greater than 0.5% alcohol by volume; and
1149	1149	(2) for purposes of sale at retail, any candy or other confectionery
1150	1150	product with an alcohol content greater than 1% alcohol by volume.
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1193	1193	43 SB 253 15
1194	1194	(c) "Alcoholic liquor" means alcohol, spirits, wine, beer, alcoholic
1195	1195	candy and every liquid or solid, patented or not, containing alcohol, spirits,
1196	1196	wine or beer and capable of being consumed by a human being, but shall
1197	1197	not include any cereal malt beverage.
1198	1198	(d) "Beer" means a beverage, containing more than 3.2% alcohol by
1199	1199	weight, obtained by alcoholic fermentation of an infusion or concoction of
1200	1200	barley, or other grain, malt and hops in water and includes beer, ale, stout,
1201	1201	lager beer, porter and similar beverages having such alcoholic content.
1202	1202	(e) "Caterer" means the same as defined by K.S.A. 41-2601, and
1203	1203	amendments thereto.
1204	1204	(f) "Cereal malt beverage" means the same as defined by K.S.A. 41-
1205	1205	2701, and amendments thereto.
1206	1206	(g) "Club" means the same as defined by K.S.A. 41-2601, and
1207	1207	amendments thereto.
1208	1208	(h) "Director" means the director of alcoholic beverage control of the
1209	1209	department of revenue.
1210	1210	(i) "Distributor" means the person importing or causing to be
1211	1211	imported into the state, or purchasing or causing to be purchased within
1212	1212	the state, alcoholic liquor for sale or resale to retailers licensed under this
1213	1213	act or cereal malt beverage for sale or resale to retailers licensed under
1214	1214	K.S.A. 41-2702, and amendments thereto.
1215	1215	(j) "Domestic beer" means beer which contains not more than 15%
1216	1216	alcohol by weight and which is manufactured in this state.
1217	1217	(k) "Domestic fortified wine" means wine which contains more than
1218	1218	16%, but not more than 20% alcohol by volume and which is
1219	1219	manufactured in this state.
1220	1220	(l) "Domestic table wine" means wine which contains not more than
1221	1221	16% alcohol by volume and which is manufactured without rectification or
1222	1222	fortification in this state.
1223	1223	(m) "Drinking establishment" means the same as defined by K.S.A.
1224	1224	41-2601, and amendments thereto.
1225	1225	(n) "Farm winery" means a winery licensed by the director to
1226	1226	manufacture, store and sell domestic table wine and domestic fortified
1227	1227	wine.
1228	1228	(o) "Fulfillment house" means any location or facility for any in-state
1229	1229	or out-of-state entity that handles logistics, including warehousing,
1230	1230	packaging, order fulfillment or shipping services on behalf of the holder of
1231	1231	a special order shipping license issued pursuant to K.S.A. 41-350, and
1232	1232	amendments thereto.
1233	1233	(p) "Hard cider" means any alcoholic beverage that:
1234	1234	(1) Contains less than 8.5% alcohol by volume;
1235	1235	(2) has a carbonation level that does not exceed 6.4 grams per liter;
1236	1236	and
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1280	1280	(3) is obtained by the normal alcoholic fermentation of the juice of
1281	1281	sound, ripe apples or pears, including such beverages containing sugar
1282	1282	added for the purpose of correcting natural deficiencies.
1283	1283	(q) "Manufacture" means to distill, rectify, ferment, brew, make, mix,
1284	1284	concoct, process, blend, bottle or fill an original package with any
1285	1285	alcoholic liquor, beer or cereal malt beverage.
1286	1286	(r) (1) "Manufacturer" means every brewer, fermenter, distiller,
1287	1287	rectifier, wine maker, blender, processor, bottler or person who fills or
1288	1288	refills an original package and others engaged in brewing, fermenting,
1289	1289	distilling, rectifying or bottling alcoholic liquor, beer or cereal malt
1290	1290	beverage.
1291	1291	(2) "Manufacturer" does not include a microbrewery, microdistillery
1292	1292	or a farm winery.
1293	1293	(s) "Microbrewery" means a brewery licensed by the director to
1294	1294	manufacture, store and sell domestic beer and hard cider.
1295	1295	(t) "Microdistillery" means a facility which produces spirits from any
1296	1296	source or substance that is licensed by the director to manufacture, store
1297	1297	and sell spirits.
1298	1298	(u) "Minor" means any person under 21 years of age.
1299	1299	(v) "Nonbeverage user" means any manufacturer of any of the
1300	1300	products set forth and described in K.S.A. 41-501, and amendments
1301	1301	thereto, when the products contain alcohol or wine, and all laboratories
1302	1302	using alcohol for nonbeverage purposes.
1303	1303	(w) "Original package" means any bottle, flask, jug, can, cask, barrel,
1304	1304	keg, hogshead or other receptacle or container whatsoever, used, corked or
1305	1305	capped, sealed and labeled by the manufacturer of alcoholic liquor, to
1306	1306	contain and to convey any alcoholic liquor. Original container does not
1307	1307	include a sleeve.
1308	1308	(x) "Person" means any natural person, corporation, partnership, trust
1309	1309	or association.
1310	1310	(y) "Personal data" means any information that is linked or
1311	1311	reasonably linkable to an identified natural person. "Personal data" does
1312	1312	not include aggregate data or publicly available information.
1313	1313	(z) "Powdered alcohol" means alcohol that is prepared in a powdered
1314	1314	or crystal form for either direct use or for reconstitution in a nonalcoholic
1315	1315	liquid.
1316	1316	(z)(aa) "Primary American source of supply" means the
1317	1317	manufacturer, the owner of alcoholic liquor at the time it becomes a
1318	1318	marketable product or the manufacturer's or owner's exclusive agent who,
1319	1319	if the alcoholic liquor cannot be secured directly from such manufacturer
1320	1320	or owner by American wholesalers, is the source closest to such
1321	1321	manufacturer or owner in the channel of commerce from which the
1322	1322	product can be secured by American wholesalers.
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1366	1366	(aa)(bb) (1) "Retailer" means a person who is licensed under the
1367	1367	Kansas liquor control act and sells at retail, or offers for sale at retail,
1368	1368	alcoholic liquors or cereal malt beverages.
1369	1369	(2) "Retailer" does not include a microbrewery, microdistillery or a
1370	1370	farm winery.
1371	1371	(bb)(cc) "Sale" means any transfer, exchange or barter in any manner
1372	1372	or by any means whatsoever for a consideration and includes all sales
1373	1373	made by any person, whether principal, proprietor, agent, servant or
1374	1374	employee.
1375	1375	(cc)(dd) "Salesperson" means any natural person who:
1376	1376	(1) Procures or seeks to procure an order, bargain, contract or
1377	1377	agreement for the sale of alcoholic liquor or cereal malt beverage; or
1378	1378	(2) is engaged in promoting the sale of alcoholic liquor or cereal malt
1379	1379	beverage, or in promoting the business of any person, firm or corporation
1380	1380	engaged in the manufacturing and selling of alcoholic liquor or cereal malt
1381	1381	beverage, whether the seller resides within the state of Kansas and sells to
1382	1382	licensed buyers within the state of Kansas, or whether the seller resides
1383	1383	without the state of Kansas and sells to licensed buyers within the state of
1384	1384	Kansas.
1385	1385	(dd)(ee) "Sample" means a serving of alcoholic liquor that contains
1386	1386	not more than: (1) One-half ounce of distilled spirits; (2) one ounce of
1387	1387	wine; or (3) two ounces of beer or cereal malt beverage. A "sample" of a
1388	1388	mixed alcoholic beverage shall contain not more than ½ ounce of distilled
1389	1389	spirits.
1390	1390	(ee)(ff) "Secretary" means the secretary of revenue.
1391	1391	(ff)(gg) (1) "Sell at retail" and "sale at retail" refer to and mean sales
1392	1392	for use or consumption and not for resale in any form and sales to clubs,
1393	1393	licensed drinking establishments, licensed caterers or holders of temporary
1394	1394	permits.
1395	1395	(2) "Sell at retail" and "sale at retail" do not refer to or mean sales by
1396	1396	a distributor, a microbrewery, a farm winery, a licensed club, a licensed
1397	1397	drinking establishment, a licensed caterer or a holder of a temporary
1398	1398	permit.
1399	1399	(gg)(hh) "To sell" includes to solicit or receive an order for, to keep or
1400	1400	expose for sale and to keep with intent to sell.
1401	1401	(hh)(ii) "Sleeve" means a package of two or more 50-milliliter or 3.2-
1402	1402	fluid-ounce containers of spirits.
1403	1403	(ii)(jj) "Spirits" means any beverage which contains alcohol obtained
1404	1404	by distillation, mixed with water or other substance in solution, and
1405	1405	includes brandy, rum, whiskey, gin or other spirituous liquors, and such
1406	1406	liquors when rectified, blended or otherwise mixed with alcohol or other
1407	1407	substances.
1408	1408	(jj)(kk) "Supplier" means a manufacturer of alcoholic liquor or cereal
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1452	1452	malt beverage or an agent of such manufacturer, other than a salesperson.
1453	1453	(kk)(ll) "Temporary permit" means the same as defined by K.S.A. 41-
1454	1454	2601, and amendments thereto.
1455	1455	(mm) "Third-party delivery service" means any person, including any
1456	1456	limited liability company or other legally recognized entity, that:
1457	1457	(1) Is registered to do business in this state;
1458	1458	(2) does not hold any license, other than a retailer's license, issued
1459	1459	under the Kansas liquor control act, the Kansas cereal malt beverage act
1460	1460	or the Kansas club and drinking establishment act;
1461	1461	(3) is not affiliated with any licensed manufacturer;
1462	1462	(4) holds a delivery permit issued pursuant to section 1, and
1463	1463	amendments thereto; and
1464	1464	(5) uses employees or independent contractors to deliver.
1465	1465	(ll)(nn) "Wine" means any alcoholic beverage obtained by the normal
1466	1466	alcoholic fermentation of the juice of sound, ripe grapes, fruits, berries or
1467	1467	other agricultural products, including such beverages containing added
1468	1468	alcohol or spirits or containing sugar added for the purpose of correcting
1469	1469	natural deficiencies. "Wine" includes hard cider and any other product that
1470	1470	is commonly known as a subset of wine.
1471	1471	Sec. 6. K.S.A. 41-327 is hereby amended to read as follows: 41-327.
1472	1472	Any licensee or permittee may renew his such license at the expiration
1473	1473	thereof if he such licensee is then qualified to receive a license or permit
1474	1474	and the premises for which such renewal license is sought are suitable for
1475	1475	such purpose.
1476	1476	Sec. 7. K.S.A. 41-2601 is hereby amended to read as follows: 41-
1477	1477	2601. As used in the club and drinking establishment act:
1478	1478	(a) The following terms mean the same as provided by defined in
1479	1479	K.S.A. 41-102, and amendments thereto:
1480	1480	(1) "Alcoholic liquor";
1481	1481	(2) "director";
1482	1482	(3) "original package";
1483	1483	(4) "person";
1484	1484	(5) "sale"; and
1485	1485	(6) "to sell."
1486	1486	(b) "Beneficial interest" shall not include any interest a person may
1487	1487	have as owner, operator, lessee or franchise holder of a licensed hotel or
1488	1488	motel on the premises of which a club or drinking establishment is located.
1489	1489	(c) "Caterer" means an individual, partnership or corporation that
1490	1490	sells alcoholic liquor or cereal malt beverage by the individual drink, and
1491	1491	provides services related to the serving thereof, on unlicensed premises
1492	1492	that may be open to the public, but does not include a holder of a
1493	1493	temporary permit, selling alcoholic liquor or cereal malt beverage in
1494	1494	accordance with the terms of such permit.
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1538	1538	(d) "Cereal malt beverage" means the same as provided by K.S.A. 41-
1539	1539	2701, and amendments thereto.
1540	1540	(e) "Class A club" means a premises that is owned or leased by a
1541	1541	corporation, partnership, business trust or association and that is operated
1542	1542	thereby as a bona fide nonprofit social, fraternal or war veterans' club, as
1543	1543	determined by the director, for the exclusive use of the corporate
1544	1544	stockholders, partners, trust beneficiaries or associates, hereinafter referred
1545	1545	to as members, and their families and guests accompanying them, as
1546	1546	provided in K.S.A. 41-2637, and amendments thereto.
1547	1547	(f) "Class B club" means a premises operated for profit by a
1548	1548	corporation, partnership or individual, to which members of such club may
1549	1549	resort for the consumption of food or alcoholic beverages and for
1550	1550	entertainment.
1551	1551	(g) "Club" means a class A or class B club.
1552	1552	(h) "Drinking establishment" means premises that may be open to the
1553	1553	general public, where alcoholic liquor or cereal malt beverage by the
1554	1554	individual drink is sold. The term "Drinking establishment" includes a
1555	1555	railway car.
1556	1556	(i) "Food" means any raw, cooked or processed edible substance or
1557	1557	ingredient, other than alcoholic liquor or cereal malt beverage, used or
1558	1558	intended for use or for sale, in whole or in part, for human consumption.
1559	1559	(j) "Food service establishment" means the same as provided by
1560	1560	K.S.A. 36-501, and amendments thereto.
1561	1561	(k) "Hotel" means the same as provided by K.S.A. 36-501, and
1562	1562	amendments thereto.
1563	1563	(l) "Individual drink" means a beverage containing alcoholic liquor or
1564	1564	cereal malt beverage served to an individual for consumption by such
1565	1565	individual or another individual, but which is not intended to be consumed
1566	1566	by two or more individuals. The term "individual drink" includes
1567	1567	beverages containing not more than:
1568	1568	(1) Eight ounces of wine;
1569	1569	(2) thirty-two32 ounces of beer or cereal malt beverage; or
1570	1570	(3) four ounces of a single spirit or a combination of spirits.
1571	1571	(m) "Minibar" means a closed cabinet, whether nonrefrigerated or
1572	1572	wholly or partially refrigerated, access to the interior of which is restricted
1573	1573	by means of a locking device that requires the use of a key, magnetic card
1574	1574	or similar device.
1575	1575	(n) "Minor" means a person under 21 years of age.
1576	1576	(o) "Morals charge" means a charge involving the sale of sexual
1577	1577	relations; procuring any person; soliciting of a child under 18 years of age
1578	1578	for any immoral act involving sex; possession or sale of narcotics,
1579	1579	marijuana, amphetamines or barbiturates; rape; incest; gambling; illegal
1580	1580	cohabitation; adultery; bigamy; or a crime against nature.
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1624	1624	(p) "Municipal corporation" means the governing body of any county
1625	1625	or city.
1626	1626	(q) "Public venue" means an arena, stadium, hall or theater, used
1627	1627	primarily for athletic or sporting events, live concerts, live theatrical
1628	1628	productions or similar seasonal entertainment events, not operated on a
1629	1629	daily basis, and containing:
1630	1630	(1) Not fewer than 4,000 permanent seats; and
1631	1631	(2) not fewer than two private suites that are enclosed or semi-
1632	1632	enclosed seating areas, having controlled access and separated from the
1633	1633	general admission areas by a permanent barrier.
1634	1634	(r) "Railway car" means a locomotive drawn conveyance used for the
1635	1635	transportation and accommodation of human passengers that is confined to
1636	1636	a fixed rail route and which derives from sales of food for consumption on
1637	1637	the railway car not less than 30% of its gross receipts from all sales of food
1638	1638	and beverages in a 12-month period.
1639	1639	(s) "Restaurant" means:
1640	1640	(1) In the case of a club, a licensed food service establishment that, as
1641	1641	determined by the director, derives from sales of food for consumption on
1642	1642	the licensed club premises not less than 50% of its gross receipts from all
1643	1643	sales of food and beverages on such premises in a 12-month period;
1644	1644	(2) in the case of a drinking establishment subject to a food sales
1645	1645	requirement under K.S.A. 41-2642, and amendments thereto, a licensed
1646	1646	food service establishment that, as determined by the director, derives
1647	1647	from sales of food for consumption on the licensed drinking establishment
1648	1648	premises not less than 30% of its gross receipts from all sales of food and
1649	1649	beverages on such premises in a 12-month period; and
1650	1650	(3) in the case of a drinking establishment subject to no food sales
1651	1651	requirement under K.S.A. 41-2642, and amendments thereto, a licensed
1652	1652	food service establishment.
1653	1653	(t) "RV resort" means premises where a place to park recreational
1654	1654	vehicles, as defined in K.S.A. 75-1212, and amendments thereto, is offered
1655	1655	for pay, primarily to transient guests, for overnight or longer use while
1656	1656	such recreational vehicles are used as sleeping or living accommodations.
1657	1657	(u) "Sample" means a serving of alcoholic liquor or cereal malt
1658	1658	beverage that contains not more than:
1659	1659	(1) One-half ounce of distilled spirits;
1660	1660	(2) one ounce of wine; or
1661	1661	(3) two ounces of beer or cereal malt beverage.
1662	1662	A sample of a mixed alcoholic beverage shall contain not more than ½
1663	1663	ounce of distilled spirits.
1664	1664	(v) "Secretary" means the secretary of revenue.
1665	1665	(w) "Temporary permit" means a temporary permit issued pursuant to
1666	1666	K.S.A. 41-1201, and amendments thereto.
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1710	1710	(x) "Third-party delivery service" means the same as defined in
1711	1711	K.S.A. 41-102, and amendments thereto.
1712	1712	Sec. 8. K.S.A. 41-2701 is hereby amended to read as follows: 41-
1713	1713	2701. As used in this act unless the context otherwise requires:
1714	1714	(a) "Cereal malt beverage" means any fermented but undistilled
1715	1715	liquor brewed or made from malt or from a mixture of malt or malt
1716	1716	substitute or any flavored malt beverage, as defined in K.S.A. 41-2729,
1717	1717	and amendments thereto, but does not include any such liquor which is
1718	1718	more than 3.2% alcohol by weight.
1719	1719	(b) "Director" means the director of alcoholic beverage control of the
1720	1720	department of revenue.
1721	1721	(c) "Manufacturer" means a manufacturer as defined by K.S.A. 41-
1722	1722	102, and amendments thereto.
1723	1723	(d) "Person" means any individual, firm, partnership, corporation or
1724	1724	association.
1725	1725	(e) "Retailer" means any person who is licensed under the Kansas
1726	1726	cereal malt beverage act and who sells or offers for sale any cereal malt
1727	1727	beverage or beer containing not more than 6% alcohol by volume for use
1728	1728	or consumption and not for resale in any form.
1729	1729	(f) "Place of business" means any place at which cereal malt
1730	1730	beverages or beer containing not more than 6% alcohol by volume are
1731	1731	sold.
1732	1732	(g) "Distributor" means a beer distributor licensed pursuant to the
1733	1733	Kansas liquor control act.
1734	1734	(h) "Legal age for consumption of cereal malt beverage" means 21
1735	1735	years of age, except that "legal age for consumption of cereal malt
1736	1736	beverage" shall mean 18 years of age if at any time the provisions of P.L.
1737	1737	98-363 penalizing states for permitting persons under 21 years of age to
1738	1738	consume cereal malt beverage are repealed or otherwise invalidated or
1739	1739	nullified.
1740	1740	(i) "Third-party delivery service" means the same as defined in K.S.A.
1741	1741	41-102, and amendments thereto.
1742	1742	Sec. 9. K.S.A. 41-2728 is hereby amended to read as follows: 41-
1743	1743	2728. From and after November 15, 2005:
1744	1744	(a) K.S.A. 41-2701 through 41-2727, and amendments thereto, and
1745	1745	section 14 3, and amendments thereto, shall be known and may be cited as
1746	1746	the Kansas cereal malt beverage act.
1747	1747	(b) Except as specifically provided in the Kansas cereal malt
1748	1748	beverage act, the power to regulate all phases of the manufacture,
1749	1749	distribution, sale, possession, transportation and traffic in cereal malt
1750	1750	beverages is vested exclusively in the state and shall be exercised as
1751	1751	provided in the Kansas cereal malt beverage act. No city or county shall
1752	1752	enact any ordinance or resolution which that is in conflict with the
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1796	1796	provisions of the Kansas cereal malt beverage act and any such ordinance
1797	1797	or resolution shall be null and void.
1798	1798	(c) The provisions of this act are severable. If any provision of this
1799	1799	act is held to be invalid or unconstitutional, it shall be presumed
1800	1800	conclusively that the legislature would have enacted the remainder of this
1801	1801	act without such invalid or unconstitutional provision.
1802	1802	Sec. 10. K.S.A. 41-327, 41-2601, 41-2701 and 41-2728 and K.S.A.
1803	1803	2022 Supp. 41-102 are hereby repealed.
1804	1804	Sec. 11. This act shall take effect and be in force from and after its
1805	1805	publication in the statute book.
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