KS
Kansas Senate Bill SB511

Kansas 2023-2024 Regular Session

Kansas Senate Bill SB511 Compare Versions

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11 Session of 2024
22 SENATE BILL No. 511
33 By Committee on Federal and State Affairs
44 2-13
55 AN ACT concerning alcoholic liquor; relating to microbreweries;
66 permitting the sale of beer and hard cider manufactured by the licensee
77 to retailers, public venues, clubs, drinking establishments, holders of
88 temporary permits and caterers; allowing the sale of such beer and hard
99 cider in unopened containers to consumers at special events monitored
1010 and regulated by the division of alcoholic beverage control; amending
1111 K.S.A. 41-308b, 41-1202, and 41-2642 and K.S.A. 2023 Supp. 41-1201
1212 and repealing the existing sections.
1313 Be it enacted by the Legislature of the State of Kansas:
1414 Section 1. K.S.A. 41-308b is hereby amended to read as follows: 41-
1515 308b. (a) A microbrewery license shall allow:
1616 (1) The manufacture of not less than 100 nor more than 60,000
1717 barrels of domestic beer during the calendar year and the storage thereof,
1818 if, however, the licensee holds a 10% or greater ownership interest in one
1919 or more entities that also hold a microbrewery license, then the aggregate
2020 number of barrels of domestic beer manufactured by all such licensees
2121 with such common ownership shall not exceed the 60,000 barrel limit;
2222 (2) the manufacture in the aggregate of not more than 100,000 gallons
2323 of hard cider during the calendar year and the storage thereof;
2424 (3) (A) the sale to licensed beer distributors, retailers, public venues,
2525 clubs, drinking establishments, holders of temporary permits as authorized
2626 by K.S.A. 41-1201, and amendments thereto, and caterers of beer
2727 manufactured by the licensee; and
2828 (B) the sale to licensed wine distributors, retailers, public venues,
2929 clubs, drinking establishments, holders of temporary permits as authorized
3030 by K.S.A. 41-1201, and amendments thereto, and caterers of hard cider,
3131 manufactured by the licensee;
3232 (4) the sale, both on the licensed premises and off the licensed
3333 premises at special events monitored and regulated by the division of
3434 alcoholic beverage control in the original unopened container to
3535 consumers for consumption off the licensed premises, of beer and hard
3636 cider manufactured by the licensee;
3737 (5) the sale, on the licensed premises in refillable and sealable
3838 containers to consumers for consumption off the licensed premises, of beer
3939 manufactured by the licensee, subject to the following conditions:
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7676 (A) Containers described in this paragraph shall contain not less than
7777 32 fluid ounces and not more than 64 fluid ounces of beer; and
7878 (B) the licensee shall affix a label to all containers sold pursuant to
7979 this paragraph clearly indicating the licensee's name and the name and type
8080 of beer contained in such container;
8181 (6) the serving free of charge on the licensed premises and at special
8282 events, monitored and regulated by the division of alcoholic beverage
8383 control, of samples of beer and hard cider manufactured by the licensee, if
8484 the premises are located in a county where the sale of alcoholic liquor is
8585 permitted by law in licensed drinking establishments;
8686 (7) if the premises is also licensed as a club or drinking
8787 establishment, the sale and transfer of domestic beer to such club or
8888 drinking establishment and the sale of domestic beer and other alcoholic
8989 liquor for consumption on the licensed premises as authorized by the club
9090 and drinking establishment act;
9191 (8) if the premises is also licensed as a caterer, the sale of domestic
9292 beer and other alcoholic liquor for consumption on unlicensed premises as
9393 authorized by the club and drinking establishment act;
9494 (9) if the licensee holds a 10% or greater ownership interest in one or
9595 more entities that also hold a microbrewery license, the domestic beer may
9696 be manufactured and transferred for sale or storage among such
9797 microbrewery licensees with such common ownership; and
9898 (10) the transfer of beer and hard cider manufactured by the licensee
9999 pursuant to a contract entered into in accordance with subsection (b) to the
100100 contracting microbrewery.
101101 (b) (1) A microbrewery may contract with one or more
102102 microbreweries for the purpose of manufacturing beer or hard cider for
103103 such other microbreweries. A microbrewery located in this state may
104104 manufacture and package beer and hard cider for a microbrewery located
105105 within or outside of Kansas.
106106 (2) A microbrewery manufacturing beer or hard cider for another
107107 microbrewery shall be responsible for complying with all federal and state
108108 laws dealing with the manufacturing of beer and hard cider, including
109109 labeling laws, and shall be responsible for the payment of all federal and
110110 state taxes on the beer and hard cider.
111111 (3) Each party engaged in a contract brewing agreement must count
112112 the total amount of barrels and gallons manufactured as part of the
113113 agreement and include that total amount as part of their allowed aggregate
114114 total as provided in subsection (a).
115115 (c) (1) Not less than 30% of the products utilized in the manufacture
116116 of hard cider by a microbrewery shall be grown in Kansas except when a
117117 lesser proportion is authorized by the director based upon the director's
118118 findings and judgment. The production requirement of this subsection shall
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162162 be determined based on the annual production of domestic hard cider.
163163 (2) On and after July 1, 2021, the percentage of products utilized in
164164 the manufacture of hard cider by a microbrewery required to be grown in
165165 Kansas shall be not less than 15%.
166166 (3) The provisions of this subsection shall expire on January 1, 2023.
167167 (d) Upon application and payment of the fee prescribed by K.S.A. 41-
168168 310, and amendments thereto, by a microbrewery licensee, the director
169169 may issue not to exceed one microbrewery packaging and warehousing
170170 facility license to the microbrewery licensee. A microbrewery packaging
171171 and warehousing facility license shall allow:
172172 (1) The transfer, from the licensed premises of the microbrewery to
173173 the licensed premises of the microbrewery packaging and warehousing
174174 facility, of beer and hard cider manufactured by the licensee, for the
175175 purpose of packaging or storage, or both;
176176 (2) the transfer, from the licensed premises of the microbrewery
177177 packaging and warehousing facility to the licensed premises of any
178178 microbrewery of such licensee, of beer manufactured by the licensee;
179179 (3) the removal from the licensed premises of the microbrewery
180180 packaging and warehousing facility of beer manufactured by the licensee
181181 for the purpose of delivery to a licensed beer wholesaler; and
182182 (4) the removal from the licensed premises of the microbrewery
183183 packaging and warehousing facility of hard cider manufactured by the
184184 licensee for the purpose of delivery to a licensed wine distributor.
185185 (e)(d) A microbrewery may sell domestic beer in the original
186186 unopened container to consumers for consumption off the licensed
187187 premises at any time between 6 a.m. and 12 midnight on any day. If
188188 authorized by subsection (a), a microbrewery may serve samples of
189189 domestic beer and serve and sell domestic beer and other alcoholic liquor
190190 for consumption on the licensed premises at any time when a club or
191191 drinking establishment is authorized to serve and sell alcoholic liquor.
192192 (f)(e) The director may issue to the Kansas state fair or any bona fide
193193 group of brewers a permit to import into this state small quantities of beer.
194194 Such beer shall be used only for bona fide educational and scientific
195195 tasting programs and shall not be resold. Such beer shall not be subject to
196196 the tax imposed by K.S.A. 41-501, and amendments thereto. The permit
197197 shall identify specifically the brand and type of beer to be imported, the
198198 quantity to be imported, the tasting programs for which the beer is to be
199199 used and the times and locations of such programs. The secretary shall
200200 adopt rules and regulations governing the importation of beer pursuant to
201201 this subsection and the conduct of tasting programs for which such beer is
202202 imported.
203203 (g)(f) A microbrewery license or microbrewery packaging and
204204 warehousing facility license shall apply only to the premises described in
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248248 the application and in the license issued and only one location shall be
249249 described in the license.
250250 (h)(g) No microbrewery shall:
251251 (1) Employ any person under the age of 18 years in connection with
252252 the manufacture, sale or serving of any alcoholic liquor;
253253 (2) permit any employee of the licensee who is under the age of 21
254254 years to work on the licensed premises at any time when not under the on-
255255 premises supervision of either the licensee or an employee of the licensee
256256 who is 21 years of age or over;
257257 (3) employ any person under 21 years of age in connection with
258258 mixing or dispensing alcoholic liquor; or
259259 (4) employ any person in connection with the manufacture or sale of
260260 alcoholic liquor if the person has been convicted of a felony.
261261 (i)(h) Whenever a microbrewery licensee is convicted of a violation
262262 of the Kansas liquor control act, the director may revoke the licensee's
263263 license and all fees paid for the license in accordance with the Kansas
264264 administrative procedure act.
265265 Sec. 2. K.S.A. 2023 Supp. 41-1201 is hereby amended to read as
266266 follows: 41-1201. (a) A temporary permit shall:
267267 (1) Allow the permit holder to offer for sale, sell and serve alcoholic
268268 liquor for consumption on licensed or unlicensed premises, or on premises
269269 that are otherwise subject to a separate temporary permit, that may be open
270270 to the public, subject to the terms of such permit. A temporary permit shall
271271 also;
272272 (2) authorize the permit holder to sell, in accordance with rules and
273273 regulations adopted by the secretary, alcoholic liquor at a charitable
274274 auction, or one or more limited issue porcelain containers containing
275275 alcoholic liquor.; and
276276 (3) allow the permit holder to offer for sale, sell and serve alcoholic
277277 liquor that is beer or hard cider manufactured by a microbrewery licensee
278278 and purchased by the temporary permit holder from such microbrewery
279279 licensee as provided by K.S.A. 41-308b, and amendments thereto, for
280280 consumption on licensed or unlicensed premises, or on premises that are
281281 otherwise subject to a separate temporary permit, that may be open to the
282282 public, subject to the terms of such permit.
283283 (b) A temporary permit holder may charge a fee for entrance into the
284284 premises described in the permit, or any portion thereof.
285285 (c) The director may issue a temporary permit to any one or more
286286 persons or organizations applying for such a permit, in accordance with
287287 rules and regulations of the secretary. The permit shall be issued in the
288288 names of the persons or organizations to which it is issued.
289289 (d) (1) Applications for temporary permits shall be required to be
290290 filed with the director not less than 14 days before the event for which the
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334334 permit is sought, unless the director waives such requirement for good
335335 cause. The application shall be upon a form prescribed by the director.
336336 Each application shall be electronically submitted and accompanied by a
337337 non-refundable permit fee of $25 for each day for which the permit is
338338 issued, and such fee shall be paid by a check or credit card in the full
339339 amount thereof. All permit fees collected by the director pursuant to this
340340 section shall be remitted to the state treasurer in accordance with the
341341 provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
342342 each such remittance, the state treasurer shall deposit the entire amount in
343343 the state treasury to the credit of the state general fund.
344344 (2) No city, county or township shall charge more than a $25 non-
345345 refundable fee for each day for which the permit is issued.
346346 (e) Each application for a temporary permit shall specify the premises
347347 for which such permit is issued, including a diagram of the premises
348348 covered by the temporary permit. The diagram shall clearly show the
349349 boundaries of the premises, entrances to and exits from the premises and
350350 the area in which the service of alcoholic liquor would take place. A
351351 temporary permit shall be issued only for premises where the city, county
352352 or township zoning code allows the use for which the permit is issued. No
353353 temporary permit shall be issued for premises that are not located in a
354354 county where the qualified electors of the county:
355355 (1) (A) Approved, by a majority vote of those voting thereon, to
356356 adopt the proposition amending section 10 of article 15 of the constitution
357357 of the state of Kansas at the general election in November, 1986; or
358358 (B) have approved a proposition to allow the sale of liquor by the
359359 individual drink in public places within the county at an election pursuant
360360 to K.S.A. 41-2646, and amendments thereto; and
361361 (2) have not approved a proposition to prohibit such sales of alcoholic
362362 liquor in such places at a subsequent election pursuant to K.S.A. 41-2646,
363363 and amendments thereto.
364364 (f) (1) (A) A temporary permit may be issued for the consumption of
365365 alcoholic liquor on a city, county or township street, alley, road, sidewalk
366366 or highway for an event if: (i) Such street, alley, road, sidewalk or highway
367367 is closed to motor vehicle traffic by the governing body of such city,
368368 county or township for such event; (ii) a written request for such
369369 consumption and possession of such alcoholic liquor has been made to the
370370 local governing body; and (iii) the event has been approved by the
371371 governing body of such city, county or township by ordinance or
372372 resolution.
373373 (B) The boundaries of any such event shall be clearly marked by
374374 signs, a posted map or other means that reasonably identify the area in
375375 which alcoholic liquor may be possessed or consumed at such event.
376376 (2) Drinking establishments that are immediately adjacent to, or
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420420 located within the licensed premises of an event, for which a temporary
421421 permit has been issued and the consumption of alcoholic liquor on public
422422 property has been approved, may request that the drinking establishment's
423423 licensed premises be extended into and made a part of the licensed
424424 premises of the event, for the duration of the temporary permit issued for
425425 such event.
426426 (3) Each licensee selling alcoholic liquor for consumption on the
427427 premises of an event for which a temporary permit has been issued shall be
428428 liable for violations of all laws governing the sale and consumption of
429429 alcoholic liquor.
430430 (4) Each temporary permit holder selling alcoholic liquor for
431431 consumption on the permit premises shall be liable for all violations of
432432 laws governing the sale and consumption of alcoholic liquor that occur in
433433 areas covered by multiple temporary permits.
434434 (g) (1) A temporary permit may be issued for the sale of wine, beer or
435435 other alcoholic liquor on the Kansas state fairgrounds during the days of
436436 the Kansas state fair, or as authorized by the Kansas state fair board, if the
437437 Kansas state fair board has authorized such consumption and possession of
438438 such wine, beer or other alcoholic liquor. Each application for such
439439 temporary permit shall specify the premises within the fairgrounds for
440440 which the permit is issued, including a diagram of the premises covered by
441441 the temporary permit. Such diagram shall match the entirety of the
442442 premises as leased from the Kansas state fair board. The boundaries of the
443443 Kansas state fairgrounds shall be clearly marked by signs, a posted map or
444444 other means that reasonably identify the area in which wine, beer or other
445445 alcoholic liquor, may be possessed or consumed at the state fair.
446446 (2) Each temporary permit holder selling wine, beer or other
447447 alcoholic liquor for consumption on the premises of the Kansas state
448448 fairgrounds that is covered by such temporary permit shall be liable for all
449449 violations of laws governing the sale and consumption of such alcoholic
450450 liquor that occur on such temporary premises.
451451 (3) Any temporary permit holder who has received a temporary
452452 permit for the sale of wine, beer or other alcoholic liquor on the Kansas
453453 state fairgrounds may allow such wine, beer or other alcoholic liquor to be
454454 removed from the temporary permit premises and onto the Kansas state
455455 fairgrounds.
456456 (h) (1) Except as otherwise provided in this subsection, a temporary
457457 permit shall be issued for a period of time not to exceed three consecutive
458458 days, the dates and hours of which shall be specified in the permit. An
459459 applicant may not be issued more than four temporary permits in a
460460 calendar year.
461461 (2) The director may issue a sufficient number of temporary permits
462462 as required by the state fair board, valid for the entire period of time of the
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506506 Kansas state fair, which authorizes the sale of wine in its original,
507507 unopened container and the serving by the drink of wine, beer or other
508508 alcoholic liquor on the state fairgrounds on premises specified in the
509509 temporary permit, by a person who has entered into an agreement with the
510510 state fair board for that purpose subject to the conditions imposed by the
511511 state fair board. Nothing in this paragraph shall be construed to limit the
512512 number of temporary permits the director may issue for the sale of wine,
513513 beer or other alcoholic liquor on the state fairgrounds consistent with the
514514 requirements of the state fair board.
515515 (3) For an event approved by the governing body of a city, county or
516516 township pursuant to subsection (e)(1), the director may issue a temporary
517517 permit, which may, at the director's discretion, be valid for the entire
518518 period of such event, but in no event shall such permit be issued for a
519519 period of time that exceeds 30 consecutive days.
520520 (i) An application for a temporary permit may be rejected by the
521521 director if:
522522 (1) The applicant has been granted 12 permits in the current calendar
523523 year;
524524 (2) the application was not filed with the director at least 14 days
525525 prior to the event;
526526 (3) the applicant, or any officer, director, partner, registered agent,
527527 trustee, manager or owner of the applicant has previously owned or
528528 operated any entity holding a temporary permit, club, drinking
529529 establishment or caterer's license, had such permit or license surrendered,
530530 and at the time such permit or license was surrendered had been ordered to
531531 appear and show cause why the permit or license should not be revoked or
532532 suspended;
533533 (4) the applicant has designated an area for an event that was the
534534 subject of the order to appear and show cause as set forth in paragraph (3),
535535 and it appears that the new application for a temporary permit covering the
536536 premises is an attempt to avoid any possible remedial action taken by the
537537 director against the former permit or license holder;
538538 (5) the applicant has had a license or permit revoked under the club
539539 and drinking establishment act, or has been convicted of a violation of the
540540 Kansas liquor control act, the club and drinking establishment act, the
541541 Kansas cereal malt beverage act or the provisions of K.S.A. 79-41a01 et
542542 seq., and amendments thereto; or
543543 (6) the applicant has not remitted all liquor drink taxes due from a
544544 previous temporary permit.
545545 (j) (1) A temporary permit holder may purchase and possess alcoholic
546546 liquor for resale for a period of three days prior to the first day of sale of
547547 such alcoholic liquor. A distributor may, without any further permission
548548 from the director, deliver such alcoholic liquor to the permit premises.
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592592 (2) If a licensee has sold alcoholic liquor to a temporary permit
593593 holder, and a distributor directly delivers such alcoholic liquor to such
594594 temporary permit holder, but such licensee's normal hours of operation
595595 make immediate payment to the distributor impossible, the licensee may
596596 pay the retailer and the retailer may pay the distributor for such alcoholic
597597 liquor within 48 hours of the sale.
598598 (3) Within three business days after the end of an event conducted
599599 pursuant to a temporary permit, the temporary permit holder may sell back
600600 to the retailer or, farm winery or microbrewery from whom alcoholic
601601 liquor was purchased any alcoholic liquor sold to the temporary permit
602602 holder for such event.
603603 (4) Upon written permission from the director and after four business
604604 days after the end of an event conducted pursuant to a temporary permit,
605605 the temporary permit holder may sell back to the licensee from whom
606606 alcoholic liquor was purchased any alcoholic liquor sold to the temporary
607607 permit holder for such event.
608608 (k) A temporary permit shall not be transferable or assignable.
609609 (l) Each temporary permit holder shall not employ or use the services
610610 of any person:
611611 (1) Who is under 18 years of age to serve alcoholic liquor;
612612 (2) who is under 21 years of age to mix or dispense drinks containing
613613 alcoholic liquor;
614614 (3) who is under 21 years of age and not supervised by the temporary
615615 permit holder or an employee who is at least 21 years of age;
616616 (4) who has been convicted of a felony or of any crime involving a
617617 morals charge to dispense, mix or serve alcoholic liquor; or
618618 (5) who has been convicted within the previous two years of a
619619 violation of any intoxicating liquor law of this state, any other state or the
620620 United States, to dispense, mix or serve alcoholic liquor.
621621 Sec. 3. K.S.A. 41-1202 is hereby amended to read as follows: 41-
622622 1202. (a) A temporary permit holder shall only purchase alcoholic liquor
623623 or cereal malt beverage from a retailer or, a farm winery or a
624624 microbrewery, as provided by K.S.A. 41-308b, and amendments thereto,
625625 and may receive delivery of such alcoholic liquor or cereal malt beverage
626626 from a distributor.
627627 (b) Temporary permit holders shall only purchase alcoholic liquor or
628628 cereal malt beverage from a retailer who possesses a federal wholesaler's
629629 basic permit and who has a sign on display at the licensed premises that
630630 states that the licensee is a "Wholesale Liquor Dealer Under Federal Law."
631631 All alcoholic liquor or cereal malt beverage purchased on any one day
632632 shall be removed from the licensed premises of the retailer or, farm winery
633633 or microbrewery within 48 hours. Temporary permit holders shall not
634634 warehouse any alcoholic liquor or cereal malt beverage on the licensed
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678678 premises of any retailer or, farm winery or microbrewery for more than 48
679679 hours.
680680 (c) Each temporary permit holder, when purchasing alcoholic liquor or
681681 cereal malt beverage from a retailer or, farm winery or microbrewery, shall
682682 obtain and keep for at least one year from the date of purchase a sales
683683 receipt that contains the following information:
684684 (1) The date of purchase;
685685 (2) the name and address of the retailer or, farm winery or
686686 microbrewery;
687687 (3) the name and address of the temporary permit holder as it appears
688688 on the temporary permit;
689689 (4) the brand, size, proof and amount of all alcoholic liquor or cereal
690690 malt beverage purchased; and
691691 (5) the subtotal of the cost of all alcoholic liquor or cereal malt
692692 beverage purchased, and the total cost of such purchase, including
693693 enforcement tax.
694694 (d) Each temporary permit holder shall be responsible for all
695695 violations of the club and drinking establishment act by the following
696696 people while on the permit premises:
697697 (1) An employee of the temporary permit holder, or of any person
698698 contracting with the temporary permit holder to provide services or food in
699699 connection with an event; or
700700 (2) any individual dispensing, mixing or serving alcoholic liquor or
701701 cereal malt beverage at an event.
702702 (e) Except for a temporary permit holder who has obtained such
703703 permit for the sale of alcoholic liquor at a charitable auction or for the sale
704704 of one or more limited issue porcelain containers containing alcoholic
705705 liquor, no temporary permit holder shall sell alcoholic liquor or cereal malt
706706 beverage for removal from or consumption off the licensed premises,
707707 except that alcoholic liquor or cereal malt beverage may be removed to a
708708 drinking establishment that has extended its premises into the event area in
709709 accordance with K.S.A. 41-2608, and amendments thereto.
710710 (f) The boundary of any premises covered by a temporary permit
711711 shall be marked by a line of demarcation.
712712 Sec. 4. K.S.A. 41-2642 is hereby amended to read as follows: 41-
713713 2642. (a) A license for a drinking establishment shall allow the licensee to:
714714 (1)_ offer for sale, sell and serve alcoholic liquor or cereal malt
715715 beverage for consumption on the licensed premises which that may be
716716 open to the public, including alcoholic liquor that is beer or hard cider
717717 manufactured by a microbrewery licensee and purchased by the drinking
718718 establishment from such microbrewery licensee as provided by K.S.A. 41-
719719 308b, and amendments thereto; and to
720720 (2) serve samples of such alcoholic liquor or cereal malt beverage
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764764 free of charge on licensed premises subject to the requirements of
765765 subsection (c), but only if such premises are located in a county where the
766766 qualified electors of the county:
767767 (1) (A) Approved, by a majority vote of those voting thereon, the
768768 proposition to amend section 10 of article 15 of the constitution of the state
769769 of Kansas at the general election in November 1986; or (B) have approved
770770 a proposition to allow sales of alcoholic liquor by the individual drink in
771771 public places within the county at an election pursuant to K.S.A. 41-2646,
772772 and amendments thereto; and
773773 (2) have not approved a proposition to prohibit such sales of alcoholic
774774 liquor in such places at a subsequent election pursuant to K.S.A. 41-2646,
775775 and amendments thereto.
776776 (b) A drinking establishment shall be required to derive from sales of
777777 food for consumption on the licensed premises not less than 30% of all the
778778 establishment's gross receipts from sales of food and beverages on such
779779 premises unless the licensed premises are located in a county where the
780780 qualified electors of the county:
781781 (1) Have approved, at an election pursuant to K.S.A. 41-2646, and
782782 amendments thereto, a proposition to allow sales of alcoholic liquor by the
783783 individual drink in public places within the county without a requirement
784784 that any portion of their gross receipts be derived from the sale of food;
785785 and
786786 (2) have not approved a proposition to prohibit such sales of alcoholic
787787 liquor in such places at a subsequent election pursuant to K.S.A. 41-2646,
788788 and amendments thereto.
789789 (c) No charge of any sort may be made for a sample serving. Samples
790790 may not be served to a minor. No samples may be removed from the
791791 licensed premises. Providing samples is prohibited for any licensee who
792792 charges a cover charge or entry fee at any time during the business day. No
793793 consideration shall be requested or required for entry onto the premises,
794794 participation in any event taking place on the premises or to remain on the
795795 premises.
796796 (d) (1) A drinking establishment shall specify in the application for a
797797 license or renewal of a license the premises to be licensed, which may
798798 include all premises which are in close proximity and are under the control
799799 of the applicant or licensee.
800800 (2) If the drinking establishment licensee also holds a manufacturer's
801801 license issued under the Kansas liquor control act, the licensed premises
802802 specified in the drinking establishment license shall not be the same as the
803803 licensed premises specified in the manufacturer's license, but such
804804 specified premises shall be located not more than two miles by the usually
805805 traveled road from the licensed premises specified in the manufacturer's
806806 license.
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850850 (e) Notwithstanding any other provision of law to the contrary, any
851851 hotel of which the entire premises are licensed as a drinking establishment
852852 or as a drinking establishment caterer may sell alcoholic liquor or cereal
853853 malt beverage by means of minibars located in guest rooms of such hotel,
854854 subject to the following:
855855 (1) The key, magnetic card or other device required to attain access to
856856 a minibar in a guest room shall be provided only to guests who are
857857 registered to stay in such room and who are 21 or more years of age;
858858 (2) containers or packages of spirits or wine sold by means of a
859859 minibar shall hold not less than 50 nor more than 200 milliliters; and
860860 (3) a minibar shall be restocked with alcoholic liquor or cereal malt
861861 beverage only during hours when the hotel is permitted to sell alcoholic
862862 liquor and cereal malt beverage as a drinking establishment.
863863 (f) A drinking establishment may store on its premises wine sold to a
864864 customer for consumption at a later date on its premises in the unopened
865865 container. Such wine must be kept separate from all other alcohol stock
866866 and in a secure locked area separated by customer. Such wine shall not be
867867 removed from the licensed premises in its unopened condition.
868868 (g) If the drinking establishment licensee also holds a manufacturer's
869869 license issued under the Kansas liquor control act, the drinking
870870 establishment shall not sell alcoholic liquor manufactured by such
871871 manufacturer's licensee to the exclusion of other alcoholic liquor. All beer
872872 and cereal malt beverage sold by the drinking establishment shall be
873873 acquired from a distributor or retailer licensed under the Kansas liquor
874874 control act, and all wine and spirits sold by the drinking establishment
875875 shall be acquired from a retailer or farm winery licensed under the Kansas
876876 liquor control act and who possesses a federal wholesaler's basic permit.
877877 Beer or hard cider manufactured by a microbrewery licensee and sold by
878878 the such drinking establishment may also be acquired from the
879879 microbrewery licensee as provided by K.S.A. 308b, and amendments
880880 thereto.
881881 Sec. 5. K.S.A. 41-308b, 41-1202 and 41-2642 and K.S.A. 2023 Supp.
882882 41-1201 are hereby repealed.
883883 Sec. 6. This act shall take effect and be in force from and after its
884884 publication in the statute book.
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