Kansas Statutes

Chapter 41.—INTOXICATING LIQUORS AND BEVERAGES

This chapter was formerly "Chapter 41—Interest," being 41-101 through 41-105, which now appears under chapter 16 as 16-201 through 16-205.

Former laws repealed by the Kansas liquor control act of 1949, see 41-1106.

"Torts: Liquor vendor Liability in a Multistate Tort [Ling v. Jan's Liquors, 237 Kan. 429, 703 P.2d 731 (1985)]," Tim Lutz, 25 W.L.J. 610, 619 (1986).

• Article 1.—GENERAL PROVISIONS
  • 41-101 Citation of act.
  • 41-102 Definitions.
  • 41-103 Repealed.
  • 41-104 Acts with regard to alcoholic liquor prohibited unless allowed by statute; exceptions.
  • 41-105 Act inapplicable in certain cases.
  • 41-106 Violations of law; copy of citation; notice of reported violation.
  • 41-107 Compliance checks or sting operations; notice of compliance.
  • 41-108 Construction of act in case of invalidity of any provision.
• Article 2.—DIVISION OF ALCOHOLIC BEVERAGE CONTROL
  • 41-201 Law enforcement powers of director, agents and employees; attorney, appointment and compensation.
  • 41-202 Office of director; branch offices.
  • 41-203 Alcoholic beverage control board of review; abolished; transfer of authority, property, proceedings.
  • 41-204 Director and employees; qualifications.
  • 41-205 Same; oath of office.
  • 41-206 Same; conflict of interest.
  • 41-207 Director; seal; records, certification and admission in evidence.
  • 41-208 Power to regulate alcoholic liquor.
  • 41-209 Director; powers and duties.
  • 41-210 Rules and regulations; procedure for adoption; powers of director.
  • 41-211 Same; scope.
  • 41-212 Director; beer sales by cereal malt beverage licensee study; oversight of sales; rules and regulations.
  • 41-213 Alcoholic beverage control modernization fee; assessment and disposition; alcoholic beverage control modernization fund created.
• Article 3.—LICENSING AND RELATED PROVISIONS; CITY OPTION
  • 41-301 Retailer's license, premises within city.
  • 41-302 Same; election; licensees' rights.
  • 41-303 Retailer's license, premises outside city.
  • 41-304 Classes of licenses.
  • 41-305 Manufacturer's license; rights of licensee; samples; other.
  • 41-306 Spirits distributor's license; rights of licensee; withdrawal of spirits from inventory for use as samples.
  • 41-306a Wine distributor's license; rights of licensee; withdrawal of wine from inventory for use as samples.
  • 41-307 Beer distributor's license; rights of licensee; withdrawal of beer from inventory for use as samples.
  • 41-307a Repealed.
  • 41-308 Retailer's license; rights of licensee.
  • 41-308a Farm winery license; winery outlet license; rights of licensee; percentage of Kansas products.
  • 41-308b Microbrewery license; microbrewery packaging and warehousing facility license; rights of licensee; contract brewing agreements; permit to conduct tasting programs; percentage of Kansas products.
  • 41-308c Repealed.
  • 41-308d Retailer's license; wine, beer and spirits tastings; rules and regulations.
  • 41-309 Nonbeverage user's license; rights of licensee.
  • 41-310 License fees; term; city or township taxes.
  • 41-311 Persons and entities ineligible for licensure.
  • 41-311a Repealed.
  • 41-311b Licensure of nonresidents.
  • 41-311c Licensure qualifications for limited liability company.
  • 41-312 Repealed.
  • 41-313 Licensing of corporations; conditions; appointment of agent to receive service of process; consent to jurisdiction and forum of Kansas courts.
  • 41-314 Repealed.
  • 41-315 Retail license; applies only to premises described; removal; procedure.
  • 41-316 Issuance of licenses.
  • 41-317 License applications; forms; fees; bonds.
  • 41-318 Procedure upon application for original retailer's license; notice and hearing; recommendations of city or township.
  • 41-319 Time limit on grant or denial of license.
  • 41-320 Application of Kansas administrative procedure act to proceedings; hearings; director as presiding officer.
  • 41-320a Suspension, involuntary cancellation or revocation of license; grounds.
  • 41-321 Refusal, suspension, involuntary cancellation or revocation of license; appeal to secretary.
  • 41-322 Same; powers of secretary; subpoenas.
  • 41-323 Same; judicial review of secretary's decision.
  • 41-324 Same; duty of county or district attorney.
  • 41-325 Display of licenses.
  • 41-326 Licenses; term; assignability; refund of fees, when.
  • 41-327 Renewal of license.
  • 41-328 Violations of act; civil penalties.
  • 41-328a Repealed.
  • 41-328b Administrative orders; civil fines; time limit on orders.
  • 41-329 Sale in federal area by manufacturer or supplier; revocation of authorization to do business in state.
  • 41-330 Denial or revocation of license for alcohol-related convictions; notice and hearing.
  • 41-331 Suppliers; annual permit; brand registration.
  • 41-332 Same; temporary permit to import certain liquor.
  • 41-333 Repealed.
  • 41-334 Repealed.
  • 41-335 Repealed.
  • 41-336 Repealed.
  • 41-337 Repealed.
  • 41-338 Repealed.
  • 41-339 Repealed.
  • 41-340 Repealed.
  • 41-341 Repealed.
  • 41-342 Nonalcoholic malt beverages; title of act.
  • 41-343 Same; definitions.
  • 41-344 Same; sales by certain licensees.
  • 41-345 Same; distribution; sales and taxation.
  • 41-346 Administrative action for offenses involving minors; defense.
  • 41-347 Repealed.
  • 41-348, 41-349 Repealed.
  • 41-350 Direct shipment to consumers by winery; special order shipping license; collection of gallonage taxes; rules and regulations.
  • 41-351 Farm winery; bona fide farmers' market sales permit; rules and regulations.
  • 41-352 Packaging and warehousing facility permit; rights of permit holder.
  • 41-353 Fulfillment house license; rights of licensee; fee; records requirements, penalty for violations.
  • 41-354 Microdistillery license; rights of licensee, microdistillery packaging and warehousing facility license; employment restrictions; rules and regulations.
  • 41-355 Producer's license; rights of licensee; maintenance of records.
• Article 4.—BONDED WAREHOUSES AND RELATED PROVISIONS
  • Cross References to Related Sections:

    Uniform methods may be prescribed for keeping records, see 41-602.

  • 41-401 Bonded warehouse required, spirits or wine manufacturer or distributor.
  • 41-402 Spirits and wine kept in warehouse, exceptions; records; joint custody of director.
  • 41-403 Withdrawal from warehouse.
  • 41-404 Repealed.
  • 41-405 Enforcement of warehouse provisions.
  • 41-406 Summary detention of liquor; power of director.
  • 41-407 Evasion of liquor tax prohibited; penalties.
  • 41-408 Common carriers authorized to carry liquor.
  • 41-409 Beer or cereal malt beverage manufacturer, distributor or importer; filing of notice; warehouse; brewing specifications.
  • 41-410 Exclusive territorial franchises, liquor and cereal malt beverage; filing of notice; termination or modification of franchise.
  • 41-410a Exclusive territorial franchises; certain agreements; cereal malt beverage, beer.
  • 41-411 Repealed.
  • 41-412 Severability.
• Article 5.—GALLONAGE TAX; COLLECTION AND DISPOSITION
  • Cross References to Related Sections:

    Retail liquor sales enforcement tax, see chapter 79, article 41.

  • 41-501 Tax rate; exemptions; limitation on tax by city; collection and disposition of tax; permit to import for certain purposes.
  • 41-501a Tax on liquor being delivered to federal area.
  • 41-501b Repealed.
  • 41-501c Expired.
  • 41-502 Collection and payment of tax.
  • 41-503 Repealed.
  • 41-504 Repealed.
  • 41-505 Repealed.
  • 41-506 Repealed.
  • 41-507 Alcoholic liquor tax refund fund; use.
  • 41-508 Possession of untaxed liquor by retailer; penalty.
  • 41-509 Repealed.
  • 41-510 Credit for spirits sold to federal military installation.
  • 41-511 Reports of alcoholic liquor shipped into the state; contents; penalties; confidentiality.
• Article 6.—MANUFACTURER'S AND WHOLESALER'S RECORDS AND REPORTS
  • 41-601 Manufacturers, distributors, microbreweries, microdistilleries and farm wineries; monthly reports.
  • 41-602 Same; records of sales.
• Article 7.—CERTAIN PROHIBITED ACTS AND PENALTIES
  • Cross References to Related Sections:

    Additional unlawful acts and penalties, see articles 8 and 9.

  • 41-701 Certain sales by distributors or manufacturers prohibited.
  • 41-702 Gifts and credit from manufacturer or distributor prohibited.
  • 41-703 Gifts, loans and interest in customer's business by manufacturer or distributor prohibited, exceptions.
  • 41-704 Manufacturers; interest in business of distributor prohibited.
  • 41-705 Violation of K.S.A. 41-703 or 41-704; effect.
  • 41-706 Requirements relating to revenue stamps, labels, seals.
  • 41-707 Labels; quality of liquor; requirements.
  • 41-708 Retailer must obtain liquor from licensed distributor; exceptions; penalties.
  • 41-709 Authorized sale or delivery by manufacturer or distributor; license revocation for violations.
  • 41-710 Location of retail store, microbrewery, microdistillery or farm winery; restrictions; within core commercial district.
  • 41-711 Sale at retail forbidden on certain premises.
  • 41-712 Days and hours of sale by retailers.
  • 41-713 Retailers; mixing drinks on premises and employment of certain persons prohibited; exceptions.
  • 41-714 Advertising; authority of director.
  • 41-715 Sale of liquor to incapacitated or intoxicated person; penalties.
  • 41-716 Repealed.
  • 41-717 Certain sales on credit, in trade or by check prohibited.
  • 41-718 Sale only in original package; refilling prohibited; application of law to certain sales.
  • 41-719 Consumption of alcoholic liquor prohibited in certain places; exemptions.
  • 41-719a Repealed.
  • 41-720 Nonbeverage licensee forbidden to give or sell alcoholic liquors; violation; penalty.
  • 41-721 No retail licenses to issue in cities where electors voted contrary.
  • 41-722 Giving or selling liquor to evade law declared unlawful.
  • 41-723 Violating K.S.A. 41-721 and 41-722; places declared common nuisances.
  • 41-724 Transportation of liquor into state forbidden; exceptions.
  • 41-725 Common carriers; must deliver only to consignee.
  • 41-726 False statements to common carriers unlawful.
  • 41-727 Purchase or consumption of alcoholic beverage by minor; penalty; exceptions; immunity from criminal prosecution; tests; detainment.
  • 41-727a Use of minors to determine compliance with law, limitations.
  • 41-727b Repealed.
  • 41-728 Sales of liquor by distributors; prohibited acts.
  • 41-729 Retail sales at less than cost; permit required.
  • 41-730 Sale of powdered alcohol prohibited.
• Article 8.—MISDEMEANORS AND NUISANCES
  • 41-801 Repealed.
  • 41-802 Repealed.
  • 41-803 Open saloon; definition; prohibition.
  • 41-804 Transferred.
  • 41-805 Nuisances; places and properties operated or used in violation of act; lien for fines and costs; leases void; procedure for seizure and sale of vehicles and airplanes; appeals; stay of proceedings.
  • 41-806 Action by injunction to abate nuisance; procedure; fees of prosecuting attorneys; closing and padlocking; bond of owner, lessee or occupant.
• Article 9.—GENERAL PENALTY PROVISIONS
  • 41-901 Violations of act by persons required to be licensed; penalties; revocation of license; forfeiture and sale of liquor.
  • 41-902 General penalty.
  • 41-903 Knowingly permitting licensee to unlawfully use premises deemed violation of act.
  • 41-904 Violation by agent or employee of licensee; deemed act of licensee, when.
  • 41-905 False branding; forfeiture; penalty.
• Article 10.—PROSECUTION AND ENFORCEMENT
  • 41-1001 Violations; sufficiency of complaint, indictment or information; sufficiency of proof.
  • 41-1002 Complaint, indictment or information; allegations as to quantity and kind; second offense; proof.
  • 41-1003 Same; separate offenses may be joined; allegation as to place and time; exceptions need not be negatived.
  • 41-1004 Possession of special tax stamp of federal government, effect; evidence.
  • 41-1005 through 41-1009 Repealed.
• Article 11.—MISCELLANEOUS PROVISIONS
  • 41-1101 Discrimination in sales, services or prices unlawful; filing of statement; exceptions; multiple case discounts prohibited.
  • 41-1101a Discrimination in sales; minimum orders; cereal malt beverage and beer license, same rules as retailers.
  • 41-1102 Disposal or sale of liquor of licensee terminating business.
  • 41-1103, 41-1104 Repealed.
  • 41-1105 Invalidity of part.
  • 41-1106 Repealed.
  • 41-1107 Duty of county attorney; penalty for neglect; duty of attorney general.
  • 41-1108 through 41-1110 Repealed.
  • 41-1111 Regulation of retail mark-ups; legislative findings.
  • 41-1112 Same; prices filed by manufacturers and others to be as low as in any other state; determination.
  • 41-1113 Repealed.
  • 41-1114 Same; minimum retail mark-ups.
  • 41-1115 Same; minimum mark-ups on cases, bottles, mixed cases.
  • 41-1116 Same; establishment of minimum mark-ups; guidelines; samplings, studies.
  • 41-1117 Same; filing, publication and distribution of minimum mark-ups; effective date; less than minimum mark-up, when permitted.
  • 41-1118 Regulation of retail mark-ups; rules and regulations; information required of licensees.
  • 41-1119 Same; rules and regulations.
  • 41-1120 Same; act supplemental to liquor control act.
  • 41-1121 Same; penalties for violations.
  • 41-1122 Sale of certain liquor by director authorized.
  • 41-1123 Same; sales or destruction of certain liquors by director.
  • 41-1124 Same; disposition of proceeds of sales.
  • 41-1125 Alcoholic liquors subject to levy of execution; sale by sheriff, when; disposition of proceeds.
  • 41-1126 Other state fees fund; use and expenditure of moneys in fund; community alcoholism and intoxication programs fund.
  • 41-1127 Sections part of liquor control act.
• Article 12.—TEMPORARY PERMITS
  • 41-1201 Temporary permits to sell and serve alcoholic liquor and cereal malt beverage; temporary permit fee cap; application requirements; issuance; employment restrictions.
  • 41-1202 Temporary permit holders; acquisition of alcoholic liquor and cereal malt beverage; conduct within boundary of permitted premises.
  • 41-1203 Dispensing alcoholic liquor and cereal malt beverage; carrying alcoholic liquor and cereal malt beverage onto permitted premises.
  • 41-1204 Providing samples of alcoholic liquor and cereal malt beverage.
  • 41-1205 Beer and cereal malt beverage keg registration act not applicable.
  • 41-1206 Application of enforcement laws; rules and regulations; definitions.
• Articles 13 to 25.—Reserved
• Article 26.—LICENSURE AND REGULATION OF SALE OF LIQUOR BY THE DRINK
  • Law Review and Bar Journal References:

    Decision upholding legislature's classification power discussed in constitutional law survey, Robert I. Guenthner, 17 K.L.R. 333, 346 (1969).

    "Administrative Inspections and the Fourth Amendment," Steven G. Cooper, 12 W.L.J. 203, 213 (1973).

    Attorney General's Opinions:

    National minimum drinking age act; history and intent of language of K.S.A. 41-104. 86-74.

    Alcoholic beverage sales; licensure; Amtrack; Class B clubs on trains. 87-191.

    City election to permit or prohibit sale of liquor by the drink; city's authority to prevent licensure thereof. 91-91.

    Cities' powers to legislate licensure and sale of liquor by the drink. 93-147.

    Serving alcoholic liquor at fund-raising event charging entry fee is sale of liquor, must be on licensed premises. 2007-3.

  • 41-2601 Definitions.
  • 41-2601a Repealed.
  • 41-2602 Repealed.
  • 41-2603 Repealed.
  • 41-2604 Allowing consumption of alcoholic liquor or cereal malt beverage in violation of act; penalties.
  • 41-2605 Licenses; to whom issued.
  • 41-2606 Same; application; fees.
  • 41-2607 Club licenses; term; refund of fees, when.
  • 41-2608 Club licenses; premises licensed; zoning compliance; zoning exception for a farm winery or a producer licensee who is a registered agritourism operator; temporary extension of premises.
  • 41-2609 Application of Kansas administrative procedure act to proceedings; hearings.
  • 41-2610 Unlawful acts of licensee; employment restrictions.
  • 41-2611 Grounds for suspension, involuntary cancellation or revocation of license.
  • 41-2612 Display of license.
  • 41-2613 Immediate entry to and inspection of premises as condition of license or permit; revocation for refusal.
  • 41-2614 Hours of operation.
  • 41-2615 Possession or consumption by minor prohibited.
  • 41-2616 Repealed.
  • 41-2616a Repealed.
  • 41-2617 Repealed.
  • 41-2618 Repealed.
  • 41-2619 Search warrant for premises where alcoholic liquor or cereal malt beverage is sold by the drink without license or permit.
  • 41-2620 Sale of liquor by the drink without license or permit prohibited.
  • 41-2621 Club or drinking establishment license limited to premises specified.
  • 41-2622 License fees; city or county taxes; other state fees fund.
  • 41-2623 Persons and entities ineligible for licensure.
  • 41-2623a Licensure qualifications for limited liability company.
  • 41-2624 Repealed.
  • 41-2625 Same; corporations and partnerships.
  • 41-2626 Violations of act or rules and regulations; revocation or suspension of license.
  • 41-2627 Club or drinking establishment license; change in premises.
  • 41-2628 Time limit for grant or denial of license.
  • 41-2629 Issuance of licenses; term; assignability; refund of fees, when.
  • 41-2630 Injunction for violation of act by licensee.
  • 41-2631 City ordinance conflicting with act void; ordinance limitations.
  • 41-2632 Influencing purchases by licensees prohibited.
  • 41-2633 Violations of act or rules and regulations; criminal penalty.
  • 41-2633a Violations of act by licensee or permit holder; civil fine.
  • 41-2633b Administrative orders; civil fines; time limit on orders.
  • 41-2634 Rules and regulations; criteria for class A clubs.
  • 41-2635 Severability.
  • 41-2636 Sale of class A club license prohibited.
  • 41-2637 Class A club license; rights of licensee; storing customer wine; samples; events.
  • 41-2638 Repealed.
  • 41-2639 Sale of club memberships; restrictions.
  • 41-2640 Certain sales practices prohibited; practices permitted for licensees; penalties.
  • 41-2641 Class B club license; rights of licensee; membership; storing customer wine; samples.
  • 41-2642 Drinking establishment license; rights of licensee; hotel minibars; storing customer wine; samples.
  • 41-2643 Caterer's license; rights of licensee.
  • 41-2644 Drinking establishment caterer license; rights of licensee.
  • 41-2645 Repealed.
  • 41-2646 Sale of liquor by the drink in public places; election to prohibit or permit.
  • 41-2647 Possession of liquor or cereal malt beverage on licensed premises.
  • 41-2648 Effective date of license; conversion of club license to drinking establishment license.
  • 41-2649 Title of act.
  • 41-2650 Severability.
  • 41-2651 Application for licensure, renewal, suspension or revocation; notice to governing body of city or county; power of such governing body to request suspension or revocation hearing; hearings.
  • 41-2652 Use of minors to determine compliance with law, limitations.
  • 41-2653 Removal of alcoholic liquor or cereal malt beverage from premises of club or drinking establishment.
  • 41-2654 Drinking establishment license; municipal corporation; qualifications.
  • 41-2655 Public venue license; rights of licensee.
  • 41-2656 Samples; regulation thereof.
  • 41-2657 Repealed.
  • 41-2658 Dispensing infused alcoholic liquor and cereal malt beverage.
  • 41-2659 Common consumption areas; cities and counties; permits; duties and liabilities; signs posted that identify boundaries of area.
• Article 27.—CEREAL MALT BEVERAGES
  • Cross References to Related Sections:

    Tax upon sale, see chapter 79, article 38.

    Law Review and Bar Journal References:

    "Fifteen Years of Home Rule in Kansas Municipalities," Murray E. Anderson, 16 W.L.J. 360, 367 (1977).

    Mentioned in article concerning validity of 1978 restaurant-club law (K.S.A. 41-2637), Barkley Clark, 47 J.B.A.K. 63, 66 (1978).

    Attorney General's Opinions:

    National minimum drinking age act; history and intent of language of K.S.A. 41-104. 86-74.

    Single-classification beer; legislative definition. 87-48.

    Local licensing authority may define "premises" in regard to sale and consumption of cereal malt beverages. 87-136.

  • 41-2701 Definitions.
  • 41-2702 Retailer's license; application; notice; fee; state stamp; license nontransferable.
  • 41-2703 Retailer's license; issuance, requirements; denial, when; term of license; notice to distributors of nonrenewal, when; special event retailers' permit.
  • 41-2703a Licensure qualifications for limited liability company.
  • 41-2704 Hours and days of sale; prohibited acts.
  • 41-2705 Loans or gifts from manufacturer or distributor prohibited.
  • 41-2706 Certain sales on credit or in trade prohibited.
  • 41-2707 Same; penalties.
  • 41-2708 Revocation or suspension of license; grounds; appeal.
  • 41-2708a Repealed.
  • 41-2709 Injunction proceedings.
  • 41-2710 Repealed.
  • 41-2711 Penalties for violation of act.
  • 41-2712 Invalidity of part.
  • 41-2713 Repealed.
  • 41-2714 Repealed.
  • 41-2715 Repealed.
  • 41-2716, 41-2717 Repealed.
  • 41-2718 Repealed.
  • 41-2719 Repealed.
  • 41-2720 Repealed.
  • 41-2721 Repealed.
  • 41-2722 Certain sales practices prohibited; penalties.
  • 41-2723, 41-2724 Repealed.
  • 41-2725 Cereal malt beverage prohibited at state capitol.
  • 41-2726 Sales below cost prohibited.
  • 41-2727 Use of minors to determine compliance with law, exceptions.
  • 41-2728 Title of act; power to regulate cereal malt beverage.
  • 41-2729 Flavored malt beverages.
  • 41-2730 Violations of act; issuance of citations; civil penalties.
• Article 28.—PUBLIC ESTABLISHMENTS SELLING LIQUOR BY THE DRINK (Not in active use)
  • 41-2801 through 41-2804 Repealed.
• Article 29.—MISCELLANEOUS
  • 41-2901 Beer and cereal malt beverage keg registration act; citation.
  • 41-2902 Same; regulation by cities and counties, limitations.
  • 41-2903 Same; retailer's liability, limitation.
  • 41-2904 Same; civil and administrative actions, recovery of fees and costs, when.
  • 41-2905 Same; duties of beer retailer; violations; penalties; duties of secretary; rules and regulations.
  • 41-2906 Same; duties of cereal malt beverage retailers; violations; penalties; duties of secretary; rules and regulations.
  • 41-2907 through 41-2910 Reserved.
  • 41-2911 Hours and days of sale of alcoholic liquor and cereal malt beverage; local option.