Kansas 2025-2026 Regular Session

Kansas Senate Bill SB56 Compare Versions

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

Old	New	Differences
1	1	Session of 2025
2	2	SENATE BILL No. 56
3	3	By Committee on Federal and State Affairs
4	4	1-22
5	5	AN ACT concerning alcoholic beverages; authorizing the delivery of
6	6	alcoholic liquor and cereal malt beverage by licensed retailers, drinking
7	7	establishments and third-party delivery services to patrons; amending
8	8	K.S.A. 41-327, 41-2601, 41-2701 and 41-2728 and K.S.A. 2024 Supp.
9	9	41-102 and repealing the existing sections.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	New Section 1. (a) A third-party delivery service permit shall allow
12	12	the permit holder to deliver alcoholic liquor or cereal malt beverage on
13	13	behalf of a licensee in accordance with the provisions of sections 2, 3 and
14	14	4, and amendments thereto, except that such deliveries shall only occur
15	15	within this state.
16	16	(b) An application for a third-party delivery service permit shall be
17	17	submitted in such form and manner as prescribed by the director and shall
18	18	include payment of the third-party delivery service permit fee in the
19	19	amount of $1,500. Each application shall contain an affirmation by the
20	20	applicant that the applicant is registered to do business in this state and that
21	21	all of the following is true for each individual conducting deliveries on
22	22	behalf of the applicant:
23	23	(1) The individual is at least 21 years of age and holds a valid driver's
24	24	license;
25	25	(2) the individual has not been adjudged guilty of a felony;
26	26	(3) the individual will maintain or otherwise be covered by primary
27	27	automobile insurance that meets the minimum coverage requirements in
28	28	K.S.A. 40-284 and 40-3107, and amendments thereto; and
29	29	(4) the individual will comply with the provisions of sections 2, 3 and
30	30	4, and amendments thereto, in conducting deliveries of alcoholic liquor
31	31	and cereal malt beverage.
32	32	(c) A third-party delivery service permit shall commence on the date
33	33	specified on the permit and expire one year after such date.
34	34	(d) (1) A third-party delivery service shall be liable for violations of
35	35	K.S.A. 41-715, and amendments thereto, and sections 2, 3 and 4, and
36	36	amendments thereto, that are committed by any individual conducting
37	37	deliveries on behalf of such third-party delivery service.
38	38	(2) An individual conducting deliveries on behalf of a third-party
39	39	delivery service shall be liable for violations of K.S.A. 41-715, and
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76	76	amendments thereto.
77	77	(e) The director may enforce the requirements of this section against
78	78	a third-party delivery service or any individual delivering alcoholic liquor
79	79	or cereal malt beverage on behalf of such third-party delivery service for
80	80	any violations committed by such third-party delivery service or such
81	81	individual. The director may impose a civil fine on a third-party delivery
82	82	service and an individual delivering alcoholic liquor or cereal malt
83	83	beverage on behalf of such third-party delivery service for the same
84	84	violation. Nothing in this section shall be construed to limit the
85	85	jurisdictional authority of the director in pursuing violations of this section
86	86	against a third-party delivery service or an individual delivery alcoholic
87	87	liquor or cereal malt beverage on behalf of such third-party delivery
88	88	service.
89	89	(f) Personal data collected solely to comply with the requirements of
90	90	this section shall be limited to what is adequate, relevant and reasonably
91	91	necessary in relation to the purposes for which such data is processed, as
92	92	disclosed to the consumer. Data shall not be sold or used for any purpose
93	93	other than compliance with this section and sections 2, 3 and 4, and
94	94	amendments thereto. A licensee or third-party delivery service shall
95	95	implement and maintain reasonable security procedures and practices,
96	96	including administrative, physical and technical safeguards appropriate to
97	97	the nature of the data and the purposes for which the data will be used to
98	98	protect the data collected from the unauthorized use, disclosure, access,
99	99	destruction or modification to comply with the requirements of this
100	100	section, and such security practices and procedures shall be made available
101	101	to the director upon reasonable request.
102	102	(g) Nothing in sections 2, 3 and 4, and amendments thereto, shall be
103	103	construed to require a company that only provides technology services to a
104	104	licensee to obtain a third-party delivery service permit if the company does
105	105	not employ or contract with delivery drivers but only provides software or
106	106	an application that connects consumers and such licensees.
107	107	(h) At the time of application and for any changes at renewal, a third-
108	108	party delivery service shall submit an outline of internal or external
109	109	training for individuals engaged in delivery that addresses topics such as
110	110	identifying underage persons, intoxicated persons and fake or altered
111	111	identification.
112	112	(i) Individuals engaged in a delivery service shall:
113	113	(1) Use an identification scanning software technology or an
114	114	alternative method approved by the director, to verify the age of the
115	115	consumer upon delivery;
116	116	(2) not have been adjudged guilty of a felony;
117	117	(3) have completed the delivery service training course as provided in
118	118	subsection (h) and received a certificate of completion issued by the third-
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162	162	party delivery service; and
163	163	(4) have in the individual's possession a copy of such certificate of
164	164	completion when making deliveries on behalf of a third-party delivery
165	165	service. A copy of the certificate of completion may be either a paper or
166	166	electronic copy.
167	167	(j) A third-party delivery service shall require that each individual
168	168	conducting deliveries on behalf of such third-party delivery service submit
169	169	to a criminal history record check prior to conducting any such deliveries.
170	170	(k) The responsibilities of any licensee, regarding delivery of
171	171	alcoholic liquor or cereal malt beverage to a consumer, are considered
172	172	satisfied at the time such licensee transfers possession of such alcoholic
173	173	beverage to the third-party delivery service or the individual employed by,
174	174	contracted with or acting on behalf of a third-party delivery service.
175	175	(l) Except for enforcement actions by the director, a licensee shall not
176	176	be held responsible for any reason under statutory or common law for the
177	177	actions of a third-party delivery service or an individual engaged in
178	178	delivery activity on behalf of a third-party delivery service, including, but
179	179	not limited to:
180	180	(1) Providing, selling or serving alcohol to a minor or to an
181	181	intoxicated individual;
182	182	(2) the delivery of alcoholic liquor in a dry or otherwise illegal area,
183	183	unless the licensee has contractually agreed to retain responsibility for
184	184	ensuring that deliveries are not directed to a dry or otherwise illegal area;
185	185	or
186	186	(3) any other provision of this section or sections 2, 3 or 4, and
187	187	amendments thereto.
188	188	(m) A licensee shall not be required to verify that the third-party
189	189	delivery service or the individual engaged in delivery on behalf of a third-
190	190	party delivery service has received the required training.
191	191	(n) As used in this section, "licensee" means a retailer, a drinking
192	192	establishment licensed under the club and drinking establishment act or a
193	193	cereal malt beverage retailer licensed under the Kansas cereal malt
194	194	beverage act.
195	195	(o) The secretary shall adopt rules and regulations necessary to
196	196	implement the provisions of this section.
197	197	(p) The provisions of this section shall be a part of and supplemental
198	198	to the Kansas liquor control act.
199	199	New Sec. 2. (a) In addition to the rights of a retailer under the Kansas
200	200	liquor control act, a retailer license shall allow the retailer to deliver
201	201	alcoholic liquor and cereal malt beverage in the original unopened
202	202	container that is sold by such retailer to a patron at an address designated
203	203	by such patron for consumption off the licensed premises and not for
204	204	resale. Such delivery shall only occur within this state.
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248	248	(b) No container of beer or cereal malt beverage that is subject to the
249	249	beer and cereal malt beverage keg registration act shall be delivered
250	250	pursuant to this section.
251	251	(c) A retailer may establish reasonable minimum and maximum order
252	252	quantities or minimum or maximum dollar values for an order, or both, for
253	253	alcoholic liquor and cereal malt beverage delivered pursuant to this
254	254	section.
255	255	(d) Prior to any alcoholic liquor or cereal malt beverage being
256	256	removed from a retailer's licensed premises for delivery under this section,
257	257	such retailer shall finalize all payments for such alcoholic liquor or cereal
258	258	malt beverage made by the purchasing patron or obtain a debit or credit
259	259	card authorization for the total amount charged for such alcoholic liquor or
260	260	cereal malt beverage, including any additional fees to be charged in
261	261	connection with the delivery. All alcoholic liquor and cereal malt beverage
262	262	shall be assembled, packaged and fulfilled for delivery at such retailer's
263	263	licensed premises and from the retailer's inventory located at such
264	264	premises.
265	265	(e) (1) A retailer may authorize deliveries on such retailer's behalf
266	266	through a contractual agreement with a third-party delivery service. A
267	267	third-party delivery service shall hold a valid third-party delivery service
268	268	permit prior to entering into any such contractual agreement with a retailer.
269	269	(2) A third-party delivery service may offer to conduct deliveries on
270	270	behalf of a retailer pursuant to this section if the retailer expressly agrees
271	271	in writing to allow the third-party delivery service to offer the delivery of
272	272	orders on behalf of such retailer.
273	273	(3) Any provision in an agreement between a third-party delivery
274	274	service and a retailer that is in conflict with this subsection is void and
275	275	unenforceable.
276	276	(f) (1) A retailer may authorize a third-party delivery service to
277	277	conduct other delivery-related services. A third-party delivery service that
278	278	has contracted with a retailer for such services may use electronic means,
279	279	including, but not limited to, websites and mobile device applications, to
280	280	market, receive and process orders placed by patrons for alcoholic liquor
281	281	and cereal malt beverage if:
282	282	(A) The retailer retains sole discretion to determine whether to accept
283	283	an order and to complete a sale transaction;
284	284	(B) the sale transaction is between the patron placing the order and
285	285	the retailer that accepts such order, and the retailer appears as the merchant
286	286	of record at all times, including at the time of purchase and acceptance of
287	287	the delivery; and
288	288	(C) the retailer receives full payment from the patron placing the
289	289	order for all alcoholic liquor and cereal malt beverage included in such
290	290	order, and all moneys collected from such patron are automatically paid or
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334	334	otherwise credited to such retailer.
335	335	(2) A third-party delivery service conducting deliveries or other
336	336	delivery-related services on behalf of a retailer shall not:
337	337	(A) Use a retailer's likeness to falsely suggest sponsorship or
338	338	endorsement of such third-party delivery service by such retailer;
339	339	(B) inflate or alter a retailer's pricing, but may assess other charges to
340	340	the patron if such charges are separately itemized on the receipt provided
341	341	to the patron; or
342	342	(C) charge the retailer any fee or other expense unless such fee or
343	343	other expense is clearly identified in a written agreement executed by both
344	344	parties.
345	345	(3) A third-party delivery service shall remove a retailer from such
346	346	third-party delivery service's delivery and delivery-related services within
347	347	10 days after receiving a request for such removal from such retailer.
348	348	(g) (1) All alcoholic liquor and cereal malt beverage that is removed
349	349	from a retailer's licensed premises for delivery pursuant to this section
350	350	shall remain in the possession of such retailer or the third-party delivery
351	351	service. Such alcoholic liquor and cereal malt beverage shall not be
352	352	transferred to any other person until delivered to the address designated by
353	353	the patron or, if delivery cannot be completed, returned to the licensed
354	354	premises of the retailer.
355	355	(2) Alcoholic liquor and cereal malt beverage shall only be delivered
356	356	by an individual who:
357	357	(A) Is at least 21 years of age;
358	358	(B) has not been adjudged guilty of a felony;
359	359	(C) holds a valid driver's license;
360	360	(D) is covered as the driver of a vehicle by primary automobile
361	361	insurance that meets the minimum coverage requirements in K.S.A. 40-
362	362	284 and 40-3107, and amendments thereto; and
363	363	(E) completes a training and certification program for individuals
364	364	delivering alcoholic liquor and cereal malt beverage in accordance with
365	365	subsection (i).
366	366	(h) (1) All alcoholic liquor and cereal malt beverage delivered
367	367	pursuant to this section shall only be delivered to a location where sales at
368	368	retail of alcoholic liquor in the original package are permitted and to an
369	369	individual who is at least 21 years of age and who presents valid
370	370	government-issued photographic identification verifying the age of such
371	371	individual. The identity and age of the individual accepting delivery of any
372	372	alcoholic liquor or cereal malt beverage shall be verified, and such
373	373	individual shall execute a written or electronic acknowledgment of receipt
374	374	of such alcoholic liquor or cereal malt beverage and certification of such
375	375	individual's age. A delivery shall be deemed completed upon proper
376	376	acceptance of the alcoholic liquor or cereal malt beverage. All completed
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420	420	deliveries shall be final.
421	421	(2) No delivery of alcoholic liquor or cereal malt beverage shall be
422	422	completed if:
423	423	(A) There is no individual present at the address designated by the
424	424	patron placing the order who is available to physically accept delivery in
425	425	the presence of the person making the delivery;
426	426	(B) the individual attempting to accept delivery is:
427	427	(i) Less than 21 years of age;
428	428	(ii) unable to provide valid government-issued photographic
429	429	identification; or
430	430	(iii) noticeably intoxicated; or
431	431	(C) the address designated by the patron placing the order is:
432	432	(i) Part of any locker, mailbox, package shipping location or similar
433	433	service or storage facility business;
434	434	(ii) any place of worship;
435	435	(iii) any daycare;
436	436	(iv) any elementary or secondary school;
437	437	(v) any public or private postsecondary educational institution; or
438	438	(vi) any place of business that is licensed under the Kansas liquor
439	439	control act, Kansas cereal malt beverages act or the club and drinking
440	440	establishment act to manufacture, distribute or sell alcoholic liquor, except
441	441	that such deliveries may be made to a guest of a hotel for personal
442	442	consumption and not for resale.
443	443	(3) Deliveries of alcoholic liquor or cereal malt beverage shall only
444	444	be made:
445	445	(A) On the same calendar day that such alcoholic liquor or cereal
446	446	malt beverage is removed from the retailer's license premises for delivery;
447	447	(B) during those times when it is lawful for the retailer to sell
448	448	alcoholic liquor or cereal malt beverage for consumption off the licensed
449	449	premises; and
450	450	(C) to a Kansas address that is located within a 25-mile radius from
451	451	the licensed premises of the retailer that sold such alcoholic liquor or
452	452	cereal malt beverage.
453	453	(i) Each retailer delivering alcoholic liquor or cereal malt beverage
454	454	pursuant to this section and each third-party delivery service shall submit
455	455	to the director an outline of a training and certification program for
456	456	individuals delivering alcoholic liquor and cereal malt beverage pursuant
457	457	to this section that includes, but is not limited to, identifying individuals
458	458	who are less than 21 years of age or intoxicated and recognizing false or
459	459	altered forms of identification. The director shall review and approve or
460	460	deny all submitted program outlines. The director shall provide the
461	461	specific reason for the denial of any program outline along with notice to
462	462	the retailer or third-party delivery service that such program outline is
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506	506	denied.
507	507	(j) In addition to the powers and duties of the director provided in
508	508	K.S.A. 41-201, and amendments thereto, the director and any employees
509	509	or agents thereof shall have the authority to conduct an audit of any
510	510	retailer's or third-party delivery service's records to determine if any
511	511	provision of this section or any rule or regulation adopted by the secretary
512	512	has been violated or to secure evidence of any such violation. Retailers or
513	513	third-party delivery services shall maintain records of alcoholic liquor and
514	514	cereal malt beverage sales delivered for a period of three years.
515	515	(k) The director may enforce the requirements of this section against
516	516	a retailer or a third-party delivery service for any violations committed by
517	517	a retailer or third-party delivery service contracting with such retailer. The
518	518	director may impose a civil fine on a retailer and a third-party delivery
519	519	service for the same violation. Nothing in this section shall be construed to
520	520	limit the jurisdictional authority of the director in pursuing violations of
521	521	this section against a retailer or third-party delivery service.
522	522	(l) A retailer aggrieved by a third-party delivery service that violates
523	523	the provisions of this section may bring an action to enjoin such violation
524	524	and may seek damages resulting from such violation, including all profits
525	525	derived from such violation. A retailer may seek punitive damages in an
526	526	amount not to exceed three times the amount of profits and damages if the
527	527	defendant knowingly committed the violation or the violation was
528	528	committed in bad faith. The prevailing party in any such action may
529	529	recover reasonable attorney fees and court costs.
530	530	(m) A retailer may contract with another retailer as a third-party
531	531	delivery service to conduct deliveries and other delivery-related services
532	532	on behalf of such other retailer in accordance with the provisions of this
533	533	section. Such retailer shall hold a valid third-party delivery service permit
534	534	prior to entering into any such contractual agreement with such other
535	535	retailer.
536	536	(n) The secretary shall adopt rules and regulations necessary to
537	537	implement and enforce the provisions of this section.
538	538	(o) The provisions of this section shall be a part of and supplemental
539	539	to the Kansas liquor control act.
540	540	New Sec. 3. (a) In addition to the rights of a licensee under the club
541	541	and drinking establishment act, such license shall allow the licensee to
542	542	deliver alcoholic liquor and cereal malt beverage in accordance with the
543	543	container limitation provisions of K.S.A. 41-2653, and amendments
544	544	thereto, that is sold by such licensee to a patron at an address designated
545	545	by such patron for consumption off the licensed premises and not for
546	546	resale. Such delivery shall only occur within this state.
547	547	(b) A licensee may establish reasonable minimum and maximum
548	548	order quantities or minimum and maximum dollar values for an order, or
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592	592	both, for alcoholic liquor and cereal malt beverage delivered pursuant to
593	593	this section.
594	594	(c) Prior to any alcoholic liquor or cereal malt beverage being
595	595	removed from a licensee's premises for delivery under this section, such
596	596	licensee shall finalize all payments for such alcoholic liquor or cereal malt
597	597	beverage made by the purchasing patron or obtain a debit or credit card
598	598	authorization for the total amount charged for such alcoholic liquor or
599	599	cereal malt beverage, including any additional fees to be charged in
600	600	connection with the delivery. All alcoholic liquor and cereal malt beverage
601	601	shall be assembled, packaged and fulfilled for delivery at such licensee's
602	602	premises and from such inventory located at such premises.
603	603	(d) (1) A licensee may authorize deliveries on such licensee's behalf
604	604	through a contractual agreement with a third-party delivery service. A
605	605	third-party delivery service shall hold a valid third-party delivery service
606	606	permit prior to entering into any such contractual agreement with a
607	607	licensee.
608	608	(2) A third-party delivery service may offer to conduct deliveries on
609	609	behalf of a licensee pursuant to this section if the licensee expressly agrees
610	610	in writing to allow the third-party delivery service to offer the delivery of
611	611	orders on behalf of such licensee.
612	612	(3) Any provision in an agreement between a third-party delivery
613	613	service and a licensee that is in conflict with this subsection is void and
614	614	unenforceable.
615	615	(e) (1) A licensee may authorize a third-party delivery service to
616	616	conduct other delivery-related services. A third-party delivery service that
617	617	has contracted with a licensee for such services may use electronic means,
618	618	including, but not limited to, websites and mobile device applications, to
619	619	market, receive and process orders placed by patrons for alcoholic liquor
620	620	and cereal malt beverage if:
621	621	(A) The licensee retains sole discretion to determine whether to
622	622	accept an order and to complete a sale transaction;
623	623	(B) the sale transaction is between the patron placing the order and
624	624	the licensee that accepts such order, and the licensee appears as the
625	625	merchant of record at all times, including at the time of purchase and
626	626	acceptance of the delivery; and
627	627	(C) the licensee receives full payment from the patron placing the
628	628	order for all alcoholic liquor and cereal malt beverage included in such
629	629	order, and all moneys collected from such patron are automatically paid or
630	630	otherwise credited to such licensee.
631	631	(2) A third-party delivery service conducting deliveries or other
632	632	delivery-related services on behalf of a licensee shall not:
633	633	(A) Use a licensee's likeness to falsely suggest sponsorship or
634	634	endorsement of such third-party delivery service by such licensee;
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678	678	(B) inflate or alter a licensee's pricing, but may assess other charges
679	679	to the patron if such charges are separately itemized on the receipt
680	680	provided to the patron; or
681	681	(C) charge the licensee any fee or other expense unless such fee or
682	682	other expense is clearly identified in a written agreement executed by both
683	683	parties.
684	684	(3) A third-party delivery service shall remove a licensee from such
685	685	third-party delivery service's delivery and delivery-related services within
686	686	10 days after receiving a request for such removal from such licensee.
687	687	(f) (1) All alcoholic liquor and cereal malt beverage that is removed
688	688	from a licensee's premises for delivery pursuant to this section shall remain
689	689	in the possession of such licensee or the third-party delivery service. Such
690	690	alcoholic liquor and cereal malt beverage shall not be transferred to any
691	691	other person until delivered to the address designated by the patron or, if
692	692	delivery cannot be completed, returned to the premises of the licensee.
693	693	(2) Alcoholic liquor and cereal malt beverage shall only be delivered
694	694	by an individual who:
695	695	(A) Is at least 21 years of age;
696	696	(B) has not been adjudged guilty of a felony;
697	697	(C) holds a valid driver's license;
698	698	(D) is covered as the driver of a vehicle by primary automobile
699	699	insurance that meets the minimum coverage requirements in K.S.A. 40-
700	700	284 and 40-3107, and amendments thereto; and
701	701	(E) completes a training and certification program for individuals
702	702	delivering alcoholic liquor and cereal malt beverage in accordance with
703	703	subsection (h).
704	704	(g) (1) All alcoholic liquor and cereal malt beverage delivered
705	705	pursuant to this section shall only be delivered to a location in a county
706	706	where the qualified electors of the county approved, by a majority vote of
707	707	those voting therein, the proposition to amend section 10 of article 15 of
708	708	the constitution of the state of Kansas at the general election in November
709	709	1986, or have approved a proposition to allow sales of alcoholic liquor by
710	710	the individual drink in public places within the county at an election
711	711	pursuant to K.S.A. 41-2646, and amendments thereto, and to an individual
712	712	who is at least 21 years of age and who presents valid government-issued
713	713	photographic identification verifying the age of such individual. The
714	714	identity and age of the individual accepting delivery of any alcoholic
715	715	liquor or cereal malt beverage shall be verified, and such individual shall
716	716	execute a written or electronic acknowledgment of receipt of such
717	717	alcoholic liquor or cereal malt beverage and certification of such
718	718	individual's age. A delivery shall be deemed completed upon proper
719	719	acceptance of the alcoholic liquor or cereal malt beverage. All completed
720	720	deliveries shall be final.
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764	764	(2) No delivery of alcoholic liquor or cereal malt beverage shall be
765	765	completed if:
766	766	(A) There is no individual present at the address designated by the
767	767	patron placing the order who is available to physically accept delivery in
768	768	the presence of the person making the delivery;
769	769	(B) the individual attempting to accept delivery is:
770	770	(i) Less than 21 years of age;
771	771	(ii) unable to provide valid government-issued photographic
772	772	identification; or
773	773	(iii) noticeably intoxicated; or
774	774	(C) the address designated by the patron placing the order is:
775	775	(i) Part of any locker, mailbox, package shipping location or similar
776	776	service or storage facility business;
777	777	(ii) any place of worship;
778	778	(iii) any daycare;
779	779	(iv) any elementary or secondary school;
780	780	(v) any public or private postsecondary educational institution; or
781	781	(vi) any place of business that is licensed under the Kansas liquor
782	782	control act, Kansas cereal malt beverages act or the club and drinking
783	783	establishment act to manufacture, distribute or sell alcoholic liquor, except
784	784	that such deliveries may be made to a guest of a hotel for personal
785	785	consumption and not for resale.
786	786	(3) Deliveries of alcoholic liquor or cereal malt beverage shall only
787	787	be made:
788	788	(A) On the same calendar day that such alcoholic liquor or cereal
789	789	malt beverage is removed from the licensee's premises for delivery;
790	790	(B) during those times when it is lawful for the licensee to sell
791	791	alcoholic liquor or cereal malt beverage for consumption on the licensed
792	792	premises; and
793	793	(C) to a Kansas address that is located within a 25-mile radius from
794	794	the licensed premises of the licensee that sold such alcoholic liquor or
795	795	cereal malt beverage.
796	796	(h) Each licensee delivering alcoholic liquor or cereal malt beverage
797	797	pursuant to this section and each third-party delivery service shall submit
798	798	to the director an outline of a training and certification program for
799	799	individuals delivering alcoholic liquor and cereal malt beverage pursuant
800	800	to this section that includes, but is not limited to, identifying individuals
801	801	who are less than 21 years of age or intoxicated and recognizing false or
802	802	altered forms of identification. The director shall review and approve or
803	803	deny all submitted program outlines. The director shall provide the
804	804	specific reason for the denial of any program outline along with notice to
805	805	the licensee or third-party delivery service that such program outline is
806	806	denied.
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849	849	43 SB 56 11
850	850	(i) In addition to the powers and duties of the director provided in
851	851	K.S.A. 41-201, and amendments thereto, the director and any employees
852	852	or agents thereof shall have the authority to conduct an audit of any
853	853	licensee's or third-party delivery service's records to determine if any
854	854	provision of this section or any rule or regulation adopted by the secretary
855	855	has been violated or to secure evidence of any such violation. Licensees or
856	856	third-party delivery services shall maintain records of alcoholic liquor and
857	857	cereal malt beverage sales delivered for a period of three years.
858	858	(j) The director may enforce the requirements of this section against a
859	859	licensee or a third-party delivery service for any violations committed by a
860	860	licensee or third-party delivery service contracting with such licensee. The
861	861	director may impose a civil fine on a licensee and a third-party delivery
862	862	service for the same violation. Nothing in this section shall be construed to
863	863	limit the jurisdictional authority of the director in pursuing violations of
864	864	this section against a licensee or third-party delivery service.
865	865	(k) A licensee aggrieved by a third-party delivery service that violates
866	866	the provisions of this section may bring an action to enjoin such violation
867	867	and may seek damages resulting from such violation, including all profits
868	868	derived from such violation. A licensee may seek punitive damages in an
869	869	amount not to exceed three times the amount of profits and damages if the
870	870	defendant knowingly committed the violation or the violation was
871	871	committed in bad faith. The prevailing party in any such action may
872	872	recover reasonable attorney fees and court costs.
873	873	(l) A licensee may contract with another licensee as a third-party
874	874	delivery service to conduct deliveries and other delivery-related services
875	875	on behalf of such other licensee in accordance with the provisions of this
876	876	section. Such licensee shall hold a valid third-party delivery service permit
877	877	prior to entering into any such contractual agreement with such other
878	878	licensee.
879	879	(m) The secretary shall adopt rules and regulations necessary to
880	880	implement and enforce the provisions of this section.
881	881	(n) As used in this section, "licensee" means a licensed drinking
882	882	establishment.
883	883	(o) The provisions of this section shall be a part of and supplemental
884	884	to the club and drinking establishment act.
885	885	New Sec. 4. (a) In addition to the rights of a retailer under the Kansas
886	886	cereal malt beverage act, a retailer license shall allow the retailer to deliver
887	887	cereal malt beverage and beer containing not more than 6% alcohol by
888	888	volume in the original unopened container that is sold by such retailer to a
889	889	patron at an address designated by such patron for consumption off the
890	890	licensed premises and not for resale. Such delivery shall only occur within
891	891	this state.
892	892	(b) No container of cereal malt beverage or beer containing not more
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935	935	43 SB 56 12
936	936	than 6% alcohol by volume that is subject to the beer and cereal malt
937	937	beverage keg registration act shall be delivered pursuant to this section.
938	938	(c) A retailer may establish reasonable minimum and maximum order
939	939	quantities or minimum and maximum dollar values for an order, or both,
940	940	for cereal malt beverage and beer containing not more than 6% alcohol by
941	941	volume delivered pursuant to this section.
942	942	(d) Prior to any cereal malt beverage and beer containing not more
943	943	than 6% alcohol by volume being removed from a retailer's licensed
944	944	premises for delivery under this section, such retailer shall finalize all
945	945	payments for such cereal malt beverage and beer containing not more than
946	946	6% alcohol by volume made by the purchasing patron or obtain a debit or
947	947	credit card authorization for the total amount charged for such cereal malt
948	948	beverage and beer containing not more than 6% alcohol by volume,
949	949	including any additional fees to be charged in connection with the delivery.
950	950	All cereal malt beverage and beer containing not more than 6% alcohol by
951	951	volume shall be assembled, packaged and fulfilled for delivery at such
952	952	retailer's licensed premises and from the retailer's inventory located at such
953	953	premises.
954	954	(e) (1) A retailer may authorize deliveries on such retailer's behalf
955	955	through a contractual agreement with a third-party delivery service. A
956	956	third-party delivery service shall hold a valid third-party delivery service
957	957	permit prior to entering into any such contractual agreement with a retailer.
958	958	(2) A third-party delivery service may offer to conduct deliveries on
959	959	behalf of a retailer pursuant to this section if the retailer expressly agrees
960	960	in writing to allow the third-party delivery service to offer the delivery of
961	961	orders on behalf of such retailer.
962	962	(3) Any provision in an agreement between a third-party delivery
963	963	service and a retailer that is in conflict with this subsection is void and
964	964	unenforceable.
965	965	(f) (1) A retailer may authorize a third-party delivery service to
966	966	conduct other delivery-related services. A third-party delivery service that
967	967	has contracted with a retailer for such services may use electronic means,
968	968	including, but not limited to, websites and mobile device applications, to
969	969	market, receive and process orders placed by patrons for cereal malt
970	970	beverage and beer containing not more than 6% alcohol by volume if:
971	971	(A) The retailer retains sole discretion to determine whether to accept
972	972	an order and to complete a sale transaction;
973	973	(B) the sale transaction is between the patron placing the order and
974	974	the retailer that accepts such order, and the retailer appears as the merchant
975	975	of record at all times, including at the time of purchase and acceptance of
976	976	the delivery; and
977	977	(C) the retailer receives full payment from the patron placing the
978	978	order for all cereal malt beverage and beer containing not more than 6%
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1021	1021	43 SB 56 13
1022	1022	alcohol by volume included in such order, and all moneys collected from
1023	1023	such patron are automatically paid or otherwise credited to such retailer.
1024	1024	(2) A third-party delivery service conducting deliveries or other
1025	1025	delivery-related services on behalf of a retailer shall not:
1026	1026	(A) Use a retailer's likeness to falsely suggest sponsorship or
1027	1027	endorsement of such third-party delivery service by such retailer;
1028	1028	(B) inflate or alter a retailer's pricing, but may assess other charges to
1029	1029	the patron if such charges are separately itemized on the receipt provided
1030	1030	to the patron; or
1031	1031	(C) charge the retailer any fee or other expense unless such fee or
1032	1032	other expense is clearly identified in a written agreement executed by both
1033	1033	parties.
1034	1034	(3) A third-party delivery service shall remove a retailer from such
1035	1035	third-party delivery service's delivery and delivery-related services within
1036	1036	10 days after receiving a request for such removal from such retailer.
1037	1037	(g) (1) All cereal malt beverage and beer containing not more than
1038	1038	6% alcohol by volume that is removed from a retailer's licensed premises
1039	1039	for delivery pursuant to this section shall remain in the possession of such
1040	1040	retailer or the third-party delivery service conducting the delivery on
1041	1041	behalf of such retailer. Such cereal malt beverage and beer containing not
1042	1042	more than 6% alcohol by volume shall not be transferred to any other
1043	1043	person until delivered to the address designated by the patron, or if
1044	1044	delivery cannot be completed, returned to the licensed premises of the
1045	1045	retailer.
1046	1046	(2) Cereal malt beverage and beer containing not more than 6%
1047	1047	alcohol by volume shall only be delivered by an individual who:
1048	1048	(A) Is at least 21 years of age;
1049	1049	(B) has not been adjudged guilty of a felony;
1050	1050	(C) holds a valid driver's license;
1051	1051	(D) is covered as the driver of a vehicle by primary automobile
1052	1052	insurance that meets the minimum coverage requirements in K.S.A. 40-
1053	1053	284 and 40-3107, and amendments thereto; and
1054	1054	(E) completes a training and certification program for individuals
1055	1055	delivering cereal malt beverage and beer containing not more than 6%
1056	1056	alcohol by volume in accordance with subsection (i).
1057	1057	(h) (1) All cereal malt beverage and beer containing not more than
1058	1058	6% alcohol by volume delivered pursuant to this section shall only be
1059	1059	delivered to an individual who is at least 21 years of age and who presents
1060	1060	valid government-issued photographic identification verifying the age of
1061	1061	such individual. The identity and age of the individual accepting delivery
1062	1062	of any cereal malt beverage and beer containing not more than 6% alcohol
1063	1063	by volume shall be verified, and such individual shall execute a written or
1064	1064	electronic acknowledgment of receipt of such cereal malt beverage and
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1107	1107	43 SB 56 14
1108	1108	beer containing not more than 6% alcohol by volume and certification of
1109	1109	such individual's age. A delivery shall be deemed completed upon proper
1110	1110	acceptance of the cereal malt beverage and beer containing not more than
1111	1111	6% alcohol by volume. All completed deliveries shall be final.
1112	1112	(2) No delivery of cereal malt beverage and beer containing not more
1113	1113	than 6% alcohol by volume shall be completed if:
1114	1114	(A) There is no individual present at the address designated by the
1115	1115	patron placing the order who is available to physically accept delivery in
1116	1116	the presence of the person making the delivery;
1117	1117	(B) the individual attempting to accept delivery is:
1118	1118	(i) Less than 21 years of age;
1119	1119	(ii) unable to provide valid government-issued photographic
1120	1120	identification; or
1121	1121	(iii) noticeably intoxicated; or
1122	1122	(C) the address designated by the patron placing the order is:
1123	1123	(i) Part of any locker, mailbox, package shipping location or similar
1124	1124	service or storage facility business;
1125	1125	(ii) any place of worship;
1126	1126	(iii) any daycare;
1127	1127	(iv) any elementary or secondary school;
1128	1128	(v) any public or private postsecondary educational institution; or
1129	1129	(vi) any place of business that is licensed under the Kansas liquor
1130	1130	control act, Kansas cereal malt beverages act or the club and drinking
1131	1131	establishment act to manufacture, distribute or sell alcoholic liquor, except
1132	1132	that such deliveries may be made to a guest of a hotel for personal
1133	1133	consumption and not for resale.
1134	1134	(3) Deliveries of cereal malt beverage and beer containing not more
1135	1135	than 6% alcohol by volume shall only be made:
1136	1136	(A) On the same calendar day that such cereal malt beverage and beer
1137	1137	containing not more than 6% alcohol by volume is removed from the
1138	1138	retailer's license premises for delivery;
1139	1139	(B) during those times when it is lawful for the retailer to sell cereal
1140	1140	malt beverage and beer containing not more than 6% alcohol by volume
1141	1141	for consumption off the licensed premises; and
1142	1142	(C) to a Kansas address that is located within a 25-mile radius from
1143	1143	the licensed premises of the retailer that sold such cereal malt beverage
1144	1144	and beer containing not more than 6% alcohol by volume.
1145	1145	(i) Each retailer delivering cereal malt beverage and beer containing
1146	1146	not more than 6% alcohol by volume pursuant to this section and each
1147	1147	third-party delivery service shall submit to the director an outline of a
1148	1148	training and certification program for individuals delivering cereal malt
1149	1149	beverage and beer containing not more than 6% alcohol by volume
1150	1150	pursuant to this section that includes, but is not limited to, identifying
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1193	1193	43 SB 56 15
1194	1194	individuals who are less than 21 years of age or intoxicated and
1195	1195	recognizing false or altered forms of identification. The director shall
1196	1196	review and approve or deny all submitted program outlines. The director
1197	1197	shall provide the specific reason for the denial of any program outline
1198	1198	along with notice to the retailer or third-party delivery service that such
1199	1199	program outline is denied.
1200	1200	(j) In addition to the powers and duties of the director provided in
1201	1201	K.S.A. 41-201, and amendments thereto, the director and any employees
1202	1202	or agents thereof shall have the authority to conduct an audit of any
1203	1203	retailer's or third-party delivery service's records to determine if any
1204	1204	provision of this section or any rule or regulation adopted by the secretary
1205	1205	has been violated or to secure evidence of any such violation. A retailer or
1206	1206	third-party delivery service shall maintain records of cereal malt beverage
1207	1207	and beer containing not more than 6% alcohol by volume sales delivered
1208	1208	for a period of three years.
1209	1209	(k) The director may enforce the requirements of this section against
1210	1210	a retailer or a third-party delivery service for any violations committed by
1211	1211	such retailer or third-party delivery service contracting with such retailer
1212	1212	or third-party delivery service. The director may impose a civil fine on a
1213	1213	retailer and a third-party delivery service for the same violation. Nothing
1214	1214	in this section shall be construed to limit the jurisdictional authority of the
1215	1215	director in pursuing violations of this section against any retailer or third-
1216	1216	party delivery service.
1217	1217	(l) A retailer aggrieved by a third-party delivery service that violates
1218	1218	the provisions of this section may bring an action to enjoin such violation
1219	1219	and may seek damages resulting from such violation, including all profits
1220	1220	derived from such violation. A retailer may seek punitive damages in an
1221	1221	amount not to exceed three times the amount of profits and damages if the
1222	1222	defendant knowingly committed the violation or the violation was
1223	1223	committed in bad faith. The prevailing party in any such action may
1224	1224	recover reasonable attorney fees and court costs.
1225	1225	(m) A retailer may contract with another retailer as a third-party
1226	1226	delivery service to conduct deliveries and other delivery-related services
1227	1227	on behalf of such other retailer in accordance with the provisions of this
1228	1228	section. Such retailer shall hold a valid third-party delivery service permit
1229	1229	prior to entering into any such contractual agreement with such other
1230	1230	retailer.
1231	1231	(n) The secretary shall adopt rules and regulations necessary to
1232	1232	implement and enforce the provisions of this section.
1233	1233	(o) The provisions of this section shall be a part of and supplemental
1234	1234	to the Kansas cereal malt beverage act.
1235	1235	Sec. 5. K.S.A. 2024 Supp. 41-102 is hereby amended to read as
1236	1236	follows: 41-102. As used in this act, unless the context clearly requires
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1280	1280	otherwise:
1281	1281	(a) "Alcohol" means the product of distillation of any fermented
1282	1282	liquid, whether rectified or diluted, whatever its origin, and includes
1283	1283	synthetic ethyl alcohol but does not include denatured alcohol or wood
1284	1284	alcohol.
1285	1285	(b) "Alcoholic candy" means:
1286	1286	(1) For purposes of manufacturing, any candy or other confectionery
1287	1287	product with an alcohol content greater than 0.5% alcohol by volume; and
1288	1288	(2) for purposes of sale at retail, any candy or other confectionery
1289	1289	product with an alcohol content greater than 1% alcohol by volume.
1290	1290	(c) "Alcoholic liquor" means alcohol, spirits, wine, beer, alcoholic
1291	1291	candy and every liquid or solid, patented or not, containing alcohol, spirits,
1292	1292	wine or beer and capable of being consumed by a human being, but shall
1293	1293	not include any cereal malt beverage.
1294	1294	(d) "Applicant" means a person who has submitted an application for
1295	1295	licensure under this act.
1296	1296	(e) "Beer" means a beverage, containing more than 3.2% alcohol by
1297	1297	weight, obtained by alcoholic fermentation of an infusion or concoction of
1298	1298	barley, or other grain, malt and hops in water and includes beer, ale, stout,
1299	1299	lager beer, porter and similar beverages having such alcoholic content.
1300	1300	(f) "Caterer" means the same as defined by K.S.A. 41-2601, and
1301	1301	amendments thereto.
1302	1302	(g) "Cereal malt beverage" means the same as defined by K.S.A. 41-
1303	1303	2701, and amendments thereto.
1304	1304	(h) "Club" means the same as defined by K.S.A. 41-2601, and
1305	1305	amendments thereto.
1306	1306	(i) "Director" means the director of alcoholic beverage control of the
1307	1307	department of revenue.
1308	1308	(j) "Distributor" means the person importing or causing to be
1309	1309	imported into the state, or purchasing or causing to be purchased within
1310	1310	the state, alcoholic liquor for sale or resale to retailers licensed under this
1311	1311	act or cereal malt beverage for sale or resale to retailers licensed under
1312	1312	K.S.A. 41-2702, and amendments thereto.
1313	1313	(k) "Domestic beer" means beer which contains not more than 15%
1314	1314	alcohol by weight and which is manufactured in this state.
1315	1315	(l) "Domestic fortified wine" means wine which contains more than
1316	1316	16%, but not more than 20% alcohol by volume and which is
1317	1317	manufactured in this state.
1318	1318	(m) "Domestic table wine" means wine which contains not more than
1319	1319	16% alcohol by volume and which is manufactured without rectification or
1320	1320	fortification in this state.
1321	1321	(n) "Drinking establishment" means the same as defined by K.S.A.
1322	1322	41-2601, and amendments thereto.
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1366	1366	(o) "Farm winery" means a winery licensed by the director to
1367	1367	manufacture, store and sell domestic table wine and domestic fortified
1368	1368	wine.
1369	1369	(p) "Fulfillment house" means any location or facility for any in-state
1370	1370	or out-of-state entity that handles logistics, including warehousing,
1371	1371	packaging, order fulfillment or shipping services on behalf of the holder of
1372	1372	a special order shipping license issued pursuant to K.S.A. 41-350, and
1373	1373	amendments thereto.
1374	1374	(q) "Hard cider" means any alcoholic beverage that:
1375	1375	(1) Contains less than 8.5% alcohol by volume;
1376	1376	(2) has a carbonation level that does not exceed 6.4 grams per liter;
1377	1377	and
1378	1378	(3) is obtained by the normal alcoholic fermentation of the juice of
1379	1379	sound, ripe apples or pears, including such beverages containing sugar
1380	1380	added for the purpose of correcting natural deficiencies.
1381	1381	(r) "Manufacture" means to distill, rectify, ferment, brew, make, mix,
1382	1382	concoct, process, blend, bottle or fill an original package with any
1383	1383	alcoholic liquor, beer or cereal malt beverage.
1384	1384	(s) (1) "Manufacturer" means every brewer, fermenter, distiller,
1385	1385	rectifier, wine maker, blender, processor, bottler or person who fills or
1386	1386	refills an original package and others engaged in brewing, fermenting,
1387	1387	distilling, rectifying or bottling alcoholic liquor, beer or cereal malt
1388	1388	beverage.
1389	1389	(2) "Manufacturer" does not include a microbrewery, microdistillery
1390	1390	or a farm winery.
1391	1391	(t) "Microbrewery" means a brewery licensed by the director to
1392	1392	manufacture, store and sell domestic beer and hard cider.
1393	1393	(u) "Microdistillery" means a facility which produces spirits from any
1394	1394	source or substance that is licensed by the director to manufacture, store
1395	1395	and sell spirits.
1396	1396	(v) "Minor" means any person under 21 years of age.
1397	1397	(w) "Nonbeverage user" means any manufacturer of any of the
1398	1398	products set forth and described in K.S.A. 41-501, and amendments
1399	1399	thereto, when the products contain alcohol or wine, and all laboratories
1400	1400	using alcohol for nonbeverage purposes.
1401	1401	(x) "Original package" means any bottle, flask, jug, can, cask, barrel,
1402	1402	keg, hogshead or other receptacle or container whatsoever, used, corked or
1403	1403	capped, sealed and labeled by the manufacturer of alcoholic liquor, to
1404	1404	contain and to convey any alcoholic liquor. Original container does not
1405	1405	include a sleeve.
1406	1406	(y) "Person" means any natural person, corporation, partnership, trust
1407	1407	or association.
1408	1408	(z) "Personal data" means any information that is linked or
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1452	1452	reasonably linkable to an identified natural person. "Personal data" does
1453	1453	not include aggregate data or publicly available information.
1454	1454	(aa) "Powdered alcohol" means alcohol that is prepared in a
1455	1455	powdered or crystal form for either direct use or for reconstitution in a
1456	1456	nonalcoholic liquid.
1457	1457	(aa)(bb) "Primary American source of supply" means the
1458	1458	manufacturer, the owner of alcoholic liquor at the time it becomes a
1459	1459	marketable product or the manufacturer's or owner's exclusive agent who,
1460	1460	if the alcoholic liquor cannot be secured directly from such manufacturer
1461	1461	or owner by American wholesalers, is the source closest to such
1462	1462	manufacturer or owner in the channel of commerce from which the
1463	1463	product can be secured by American wholesalers.
1464	1464	(bb)(cc) (1) "Retailer" means a person who is licensed under the
1465	1465	Kansas liquor control act and sells at retail, or offers for sale at retail,
1466	1466	alcoholic liquors or cereal malt beverages.
1467	1467	(2) "Retailer" does not include a microbrewery, microdistillery or a
1468	1468	farm winery.
1469	1469	(cc)(dd) "Sale" means any transfer, exchange or barter in any manner
1470	1470	or by any means whatsoever for a consideration and includes all sales
1471	1471	made by any person, whether principal, proprietor, agent, servant or
1472	1472	employee.
1473	1473	(dd)(ee) "Salesperson" means any natural person who:
1474	1474	(1) Procures or seeks to procure an order, bargain, contract or
1475	1475	agreement for the sale of alcoholic liquor or cereal malt beverage; or
1476	1476	(2) is engaged in promoting the sale of alcoholic liquor or cereal malt
1477	1477	beverage, or in promoting the business of any person, firm or corporation
1478	1478	engaged in the manufacturing and selling of alcoholic liquor or cereal malt
1479	1479	beverage, whether the seller resides within the state of Kansas and sells to
1480	1480	licensed buyers within the state of Kansas, or whether the seller resides
1481	1481	without the state of Kansas and sells to licensed buyers within the state of
1482	1482	Kansas.
1483	1483	(ee)(ff) "Sample" means a serving of alcoholic liquor that contains not
1484	1484	more than: (1) One-half ounce of distilled spirits; (2) one ounce of wine; or
1485	1485	(3) two ounces of beer or cereal malt beverage. A "sample" of a mixed
1486	1486	alcoholic beverage shall contain not more than ½ ounce of distilled spirits.
1487	1487	(ff)(gg) "Secretary" means the secretary of revenue.
1488	1488	(gg)(hh) (1) "Sell at retail" and "sale at retail" refer to and mean sales
1489	1489	for use or consumption and not for resale in any form and sales to clubs,
1490	1490	licensed drinking establishments, licensed caterers or holders of temporary
1491	1491	permits.
1492	1492	(2) "Sell at retail" and "sale at retail" do not refer to or mean sales by
1493	1493	a distributor, a microbrewery, a farm winery, a licensed club, a licensed
1494	1494	drinking establishment, a licensed caterer or a holder of a temporary
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1538	1538	permit.
1539	1539	(hh)(ii) "To sell" includes to solicit or receive an order for, to keep or
1540	1540	expose for sale and to keep with intent to sell.
1541	1541	(ii)(jj) "Sleeve" means a package of two or more 50-milliliter or 3.2-
1542	1542	fluid-ounce containers of spirits.
1543	1543	(jj)(kk) "Spirits" means any beverage which contains alcohol obtained
1544	1544	by distillation, mixed with water or other substance in solution, and
1545	1545	includes brandy, rum, whiskey, gin or other spirituous liquors, and such
1546	1546	liquors when rectified, blended or otherwise mixed with alcohol or other
1547	1547	substances.
1548	1548	(kk)(ll) "Supplier" means a manufacturer of alcoholic liquor or cereal
1549	1549	malt beverage or an agent of such manufacturer, other than a salesperson.
1550	1550	(ll)(mm) "Temporary permit" means the same as defined by K.S.A.
1551	1551	41-2601, and amendments thereto.
1552	1552	(mm)(nn) "Third-party delivery service" means any person, including
1553	1553	any limited liability company or other legally recognized entity, that:
1554	1554	(1) Is registered to do business in this state;
1555	1555	(2) does not hold any license issued under the Kansas liquor control
1556	1556	act, the club and drinking establishment act or the Kansas cereal malt
1557	1557	beverage act, except:
1558	1558	(A) A retailers license issued under the Kansas liquor control act;
1559	1559	(B) a drinking establishment license issued under the club and
1560	1560	drinking establishment act; or
1561	1561	(C) a cereal malt beverage retailers license issued under the Kansas
1562	1562	cereal malt beverage act;
1563	1563	(3) is not affiliated with any licensed manufacturer;
1564	1564	(4) holds a third-party delivery service permit issued pursuant to
1565	1565	section 1, and amendments thereto; and
1566	1566	(5) uses employees or independent contractors to deliver.
1567	1567	(oo) "Wine" means any alcoholic beverage obtained by the normal
1568	1568	alcoholic fermentation of the juice of sound, ripe grapes, fruits, berries or
1569	1569	other agricultural products, including such beverages containing added
1570	1570	alcohol or spirits or containing sugar added for the purpose of correcting
1571	1571	natural deficiencies. "Wine" includes hard cider and any other product that
1572	1572	is commonly known as a subset of wine.
1573	1573	Sec. 6. K.S.A. 41-327 is hereby amended to read as follows: 41-327.
1574	1574	Any licensee or permittee may renew his such license at the expiration
1575	1575	thereof if he such licensee or permittee is then qualified to receive a
1576	1576	license or permit and the premises for which such renewal license or
1577	1577	permit is sought are suitable for such purpose.
1578	1578	Sec. 7. K.S.A. 41-2601 is hereby amended to read as follows: 41-
1579	1579	2601. As used in the club and drinking establishment act:
1580	1580	(a) The following terms mean the same as provided by defined in
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1624	1624	K.S.A. 41-102, and amendments thereto:
1625	1625	(1) "Alcoholic liquor";
1626	1626	(2) "director";
1627	1627	(3) "original package";
1628	1628	(4) "person";
1629	1629	(5) "sale"; and
1630	1630	(6) "to sell"; and
1631	1631	(7) "third-party delivery service."
1632	1632	(b) "Beneficial interest" shall not include any interest a person may
1633	1633	have as owner, operator, lessee or franchise holder of a licensed hotel or
1634	1634	motel on the premises of which a club or drinking establishment is located.
1635	1635	(c) "Caterer" means an individual, partnership or corporation that
1636	1636	sells alcoholic liquor or cereal malt beverage by the individual drink, and
1637	1637	provides services related to the serving thereof, on unlicensed premises
1638	1638	that may be open to the public, but does not include a holder of a
1639	1639	temporary permit, selling alcoholic liquor or cereal malt beverage in
1640	1640	accordance with the terms of such permit.
1641	1641	(d) "Cereal malt beverage" means the same as provided by K.S.A. 41-
1642	1642	2701, and amendments thereto.
1643	1643	(e) "Class A club" means a premises that is owned or leased by a
1644	1644	corporation, partnership, business trust or association and that is operated
1645	1645	thereby as a bona fide nonprofit social, fraternal or war veterans' club, as
1646	1646	determined by the director, for the exclusive use of the corporate
1647	1647	stockholders, partners, trust beneficiaries or associates, hereinafter referred
1648	1648	to as members, and their families and guests accompanying them, as
1649	1649	provided in K.S.A. 41-2637, and amendments thereto.
1650	1650	(f) "Class B club" means a premises operated for profit by a
1651	1651	corporation, partnership or individual, to which members of such club may
1652	1652	resort for the consumption of food or alcoholic beverages and for
1653	1653	entertainment.
1654	1654	(g) "Club" means a class A or class B club.
1655	1655	(h) "Drinking establishment" means premises that may be open to the
1656	1656	general public, where alcoholic liquor or cereal malt beverage by the
1657	1657	individual drink is sold. The term "Drinking establishment" includes a
1658	1658	railway car.
1659	1659	(i) "Food" means any raw, cooked or processed edible substance or
1660	1660	ingredient, other than alcoholic liquor or cereal malt beverage, used or
1661	1661	intended for use or for sale, in whole or in part, for human consumption.
1662	1662	(j) "Food service establishment" means the same as provided by
1663	1663	K.S.A. 36-501, and amendments thereto.
1664	1664	(k) "Hotel" means the same as provided by K.S.A. 36-501, and
1665	1665	amendments thereto.
1666	1666	(l) "Individual drink" means a beverage containing alcoholic liquor or
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1710	1710	cereal malt beverage served to an individual for consumption by such
1711	1711	individual or another individual, but which is not intended to be consumed
1712	1712	by two or more individuals. The term "individual drink" includes
1713	1713	beverages containing not more than:
1714	1714	(1) Eight ounces of wine;
1715	1715	(2) thirty-two32 ounces of beer or cereal malt beverage; or
1716	1716	(3) four ounces of a single spirit or a combination of spirits.
1717	1717	(m) "Minibar" means a closed cabinet, whether nonrefrigerated or
1718	1718	wholly or partially refrigerated, access to the interior of which is restricted
1719	1719	by means of a locking device that requires the use of a key, magnetic card
1720	1720	or similar device.
1721	1721	(n) "Minor" means a person under 21 years of age.
1722	1722	(o) "Morals charge" means a charge involving the sale of sexual
1723	1723	relations; procuring any person; soliciting of a child under 18 years of age
1724	1724	for any immoral act involving sex; possession or sale of narcotics,
1725	1725	marijuana, amphetamines or barbiturates; rape; incest; gambling; illegal
1726	1726	cohabitation; adultery; bigamy; or a crime against nature.
1727	1727	(p) "Municipal corporation" means the governing body of any county
1728	1728	or city.
1729	1729	(q) "Public venue" means an arena, stadium, hall or theater, used
1730	1730	primarily for athletic or sporting events, live concerts, live theatrical
1731	1731	productions or similar seasonal entertainment events, not operated on a
1732	1732	daily basis, and containing:
1733	1733	(1) Not fewer than 4,000 permanent seats; and
1734	1734	(2) not fewer than two private suites that are enclosed or semi-
1735	1735	enclosed seating areas, having controlled access and separated from the
1736	1736	general admission areas by a permanent barrier.
1737	1737	(r) "Railway car" means a locomotive drawn conveyance used for the
1738	1738	transportation and accommodation of human passengers that is confined to
1739	1739	a fixed rail route and which derives from sales of food for consumption on
1740	1740	the railway car not less than 30% of its gross receipts from all sales of food
1741	1741	and beverages in a 12-month period.
1742	1742	(s) "Restaurant" means:
1743	1743	(1) In the case of a club, a licensed food service establishment that, as
1744	1744	determined by the director, derives from sales of food for consumption on
1745	1745	the licensed club premises not less than 50% of its gross receipts from all
1746	1746	sales of food and beverages on such premises in a 12-month period;
1747	1747	(2) in the case of a drinking establishment subject to a food sales
1748	1748	requirement under K.S.A. 41-2642, and amendments thereto, a licensed
1749	1749	food service establishment that, as determined by the director, derives
1750	1750	from sales of food for consumption on the licensed drinking establishment
1751	1751	premises not less than 30% of its gross receipts from all sales of food and
1752	1752	beverages on such premises in a 12-month period; and
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1796	1796	(3) in the case of a drinking establishment subject to no food sales
1797	1797	requirement under K.S.A. 41-2642, and amendments thereto, a licensed
1798	1798	food service establishment.
1799	1799	(t) "RV resort" means premises where a place to park recreational
1800	1800	vehicles, as defined in K.S.A. 75-1212, and amendments thereto, is offered
1801	1801	for pay, primarily to transient guests, for overnight or longer use while
1802	1802	such recreational vehicles are used as sleeping or living accommodations.
1803	1803	(u) "Sample" means a serving of alcoholic liquor or cereal malt
1804	1804	beverage that contains not more than:
1805	1805	(1) One-half
1806	1806	1
1807	1807	/2 ounce of distilled spirits;
1808	1808	(2) one ounce of wine; or
1809	1809	(3) two ounces of beer or cereal malt beverage.
1810	1810	A sample of a mixed alcoholic beverage shall contain not more than ½
1811	1811	ounce of distilled spirits.
1812	1812	(v) "Secretary" means the secretary of revenue.
1813	1813	(w) "Temporary permit" means a temporary permit issued pursuant to
1814	1814	K.S.A. 41-1201, and amendments thereto.
1815	1815	Sec. 8. K.S.A. 41-2701 is hereby amended to read as follows: 41-
1816	1816	2701. As used in this act unless the context otherwise requires:
1817	1817	(a) "Cereal malt beverage" means any fermented but undistilled
1818	1818	liquor brewed or made from malt or from a mixture of malt or malt
1819	1819	substitute or any flavored malt beverage, as defined in K.S.A. 41-2729,
1820	1820	and amendments thereto, but does not include any such liquor which is
1821	1821	more than 3.2% alcohol by weight.
1822	1822	(b) "Director" means the director of alcoholic beverage control of the
1823	1823	department of revenue.
1824	1824	(c) "Manufacturer" means a manufacturer as defined by K.S.A. 41-
1825	1825	102, and amendments thereto.
1826	1826	(d) "Person" means any individual, firm, partnership, corporation or
1827	1827	association.
1828	1828	(e) "Retailer" means any person who is licensed under the Kansas
1829	1829	cereal malt beverage act and who sells or offers for sale any cereal malt
1830	1830	beverage or beer containing not more than 6% alcohol by volume for use
1831	1831	or consumption and not for resale in any form.
1832	1832	(f) "Place of business" means any place at which cereal malt
1833	1833	beverages or beer containing not more than 6% alcohol by volume are
1834	1834	sold.
1835	1835	(g) "Distributor" means a beer distributor licensed pursuant to the
1836	1836	Kansas liquor control act.
1837	1837	(h) "Legal age for consumption of cereal malt beverage" means 21
1838	1838	years of age, except that "legal age for consumption of cereal malt
1839	1839	beverage" shall mean 18 years of age if at any time the provisions of P.L.
1840	1840	98-363 penalizing states for permitting persons under 21 years of age to
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1884	1884	consume cereal malt beverage are repealed or otherwise invalidated or
1885	1885	nullified.
1886	1886	(i) "Third-party delivery service" means the same as defined in K.S.A.
1887	1887	41-102, and amendments thereto.
1888	1888	Sec. 9. K.S.A. 41-2728 is hereby amended to read as follows: 41-
1889	1889	2728. From and after November 15, 2005:
1890	1890	(a) K.S.A. 41-2701 through 41-2727, and amendments thereto, and
1891	1891	section 14 4, and amendments thereto, shall be known and may be cited as
1892	1892	the Kansas cereal malt beverage act.
1893	1893	(b) Except as specifically provided in the Kansas cereal malt
1894	1894	beverage act, the power to regulate all phases of the manufacture,
1895	1895	distribution, sale, possession, transportation and traffic in cereal malt
1896	1896	beverages is vested exclusively in the state and shall be exercised as
1897	1897	provided in the Kansas cereal malt beverage act. No city or county shall
1898	1898	enact any ordinance or resolution which that is in conflict with the
1899	1899	provisions of the Kansas cereal malt beverage act and any such ordinance
1900	1900	or resolution shall be null and void.
1901	1901	(c) The provisions of this act are severable. If any provision of this
1902	1902	act is held to be invalid or unconstitutional, it shall be presumed
1903	1903	conclusively that the legislature would have enacted the remainder of this
1904	1904	act without such invalid or unconstitutional provision.
1905	1905	Sec. 10. K.S.A. 41-327, 41-2601, 41-2701 and 41-2728 and K.S.A.
1906	1906	2024 Supp. 41-102 are hereby repealed.
1907	1907	Sec. 11. This act shall take effect and be in force from and after its
1908	1908	publication in the statute book.
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