2005 Amendments to Kansas Liquor Laws

July 1, 2005

Dear Kansas Cities and Counties:

The 2005 Kansas Legislature made a number of amendments to the Kansas Liquor Control Act and the Kansas Cereal Malt Beverage Act. The most important change is that these acts will become uniform throughout the state on November 15, 2005. Any city ordinance or county resolution which is in conflict with these acts will become null and void after that date.

Each amendment is summarized below. This information is also available on our website:
http://www.ksrevenue.org/abcliqnotices.htm

Liquor Control Act

Amendments to K.S.A. 41-208 made by Section 2 of Senate Bill 298
This amendment goes into effect on November 15, 2005. It makes the Liquor Control Act uniformly applicable to all cities and counties. Any city ordinance or county resolution which is in conflict with the Liquor Control Act becomes null and void after November 15, 2005.

Amendments to K.S.A. 41-301 made by Section 3 of Senate Bill 298
This amendment goes into effect on November 15, 2005. It removes the distinction between first, second and third class cities with regard to this act.

On and after November 15, 2005, all cities will become "wet" and ABC will begin issuing retail liquor store licenses to qualified applicants until such time as one of the following happens:

If between November 15, 2005, and February 15, 2006, the governing body of the city adopts an ordinance prohibiting retail liquor stores. In this case, any existing retail liquor store licensees must cease operation within 90 days after the effective date of the ordinance or the date that the license expires, whichever occurs first.
If anytime after November 15, 2005, the city holds an election pursuant to K.S.A. 41-302 in which the majority of the voters vote to prohibit retail liquor stores (become "dry"). Once "dry," a city may vote to change back to being "wet" at any subsequent election. In this case, the statute does not specify what happens to existing retail liquor store licensees.

In either case, the city clerk shall promptly notify ABC of the change in status and provide a copy of the ordinance or election results.

Amendments to K.S.A. 41-302 made by Section 4 of Senate Bill 298
This amendment goes into effect on July 1, 2005. It primarily clarifies existing language in the statute which specifies the process for cities to conduct an election to change from "wet" to "dry" or vice versa. However, it also removes language which distinguishes between various classes of cities and requires elections to be conducted in the same manner as other question-submitted elections.

Amendments to K.S.A. 41-303 made by Section 5 of Senate Bill 298
This amendment goes into effect on November 15, 2005. It merely clarifies the existing language dealing with the issuance of licenses to retail liquor stores located outside the boundaries of an incorporated city and in townships which have a population in excess of 5,000.

Amendments to K.S.A. 41-308a made by Section 14 of Senate Bill 298
This amendment goes into effect on July 1, 2005. It makes three changes to existing law.

First, it specifies that samples of wine made or imported by a farm winery and provided to consumers on the licensed premises must be free. It also allows farm wineries to serve free samples of its own or imported wine at special events to be monitored and regulated by ABC

Second, it increases from two to three the number of winery outlets that a farm winery may have.

Third, it increases the maximum capacity for farm wineries from 50,000 to 100,000 gallons per year before they have to comply with the provisions of K.S.A. 41-701 through 41-705 and 41-709 which apply to manufacturers.

Amendments to K.S.A. 41-308b made by Section 1 of Senate Substitute for House Bill 2501
This amendment goes into effect on July 1, 2005. It makes three changes to existing law.

First, it creates a new license type for microbrewery packaging and warehousing facilities. This license allows existing microbreweries to move products from their brewery to a separate facility for packaging and/or storage. Products sold to licensed beer wholesalers may be delivered directly from this facility to the wholesalers. For all other sales, products must first be transferred back to the microbrewery premises.

Second, it changes the hours that domestic beer may be sold in the original unopened containers. Original unopened containers may be sold for consumption off the licensed premises on Sunday from 11 a.m. to 7 p.m.

Third, it provides for a special permit to be issued by the Director to the Kansas State Fair or to any bona fide group of brewers to import into Kansas small quantities of beer to be used for bona fide educational and scientific tasting programs. Such beer shall not be sold or subject to the gallonage tax. The permit shall identify the brand, type and quantity of beer to be imported, the tasting programs to be used, and the times and locations of such programs. The Secretary of Revenue is authorized to adopt rules and regulations governing the importation and tasting programs.

Amendments to K.S.A. 41-310 made by Section 2 of Senate Substitute for House Bill 2501
This amendment goes into effect on July 1, 2005. It provides for an annual fee of $100 for the new microbrewery packaging and warehousing facility license. The registration fees in subsection (a) of K.S.A. 41-317 also apply.

Amendments to K.S.A. 41-347 made by Section 6 of Senate Bill 298
This amendment goes into effect on November 15, 2005. It merely clarifies existing language in the statute relating to the issuance of temporary permits.

Amendments to K.S.A. 41-710 made by Section 7 of Senate Bill 298
This amendment goes into effect on November 15, 2005. It makes two changes.

First, it requires that retail liquor store premises comply with all applicable zoning regulations rather than be located within a general commercial or business purpose zone.

Second, it removes the requirement that all retailers, microbrewery and farm winery premises located in areas that have no applicable building ordinances or state laws governing their condition be structurally in good condition and not in dilapidated condition. Such premises now must merely comply with all applicable building regulations.

Amendments to K.S.A. 41-712 made by Section 8 of Senate Bill 298
This amendment goes into effect on November 15, 2005. It imposes the current statutory days and hours of sale of alcoholic liquor on all retail liquor stores, as follows:

Open Monday through Saturday from 9 a.m. to 11 p.m.
Closed on Sunday.
Closed on Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day.

However, cities and counties may expand the days and hours of sale by any of the actions set forth in new Section 9 of SB298, to the following:

Open Monday through Saturday from 9 a.m. to 11 p.m.
Open on Sunday except Easter from Noon to 8 p.m.
Closed on Thanksgiving Day and Christmas Day.

In addition, the governing body of a city may adopt an ordinance requiring that retail liquor stores close prior to 11 p.m. but not earlier than 8 p.m.

Amendments to K.S.A. 41-714 made by Section 10 of Senate Bill 298
This amendment goes into effect on November 15, 2005. It removes all specific restrictions on the advertising of alcoholic liquor but retains the authority of the Secretary of Revenue to adopt regulations to control the advertising and display of alcoholic liquor. It also retains the requirement that all advertising by farm wineries and microbreweries be approved by the Director.

Amendments to K.S.A. 41-719 made by Section 11 of Senate Bill 298
This amendment goes into effect on November 15, 2005. It allows alcoholic liquor to be consumed on the premises of any Kansas National Guard Regional Training Center which is public property rather than only at the one in Saline County. It also removes the 200,000 population restriction on cities which may operate clubs and drinking establishments.

New Statute created by Section 9 of Senate Bill 298
This is a new statute that goes into effect on July 1, 2005. It specifies the process by which cities and counties may change from the regular days and hours of sales to the expanded days and hours of sales, or vice versa, for:

retail sale of alcoholic liquor in the original package for off-premises consumption (retail liquor stores) as set forth in K.S.A. 41-712, as amended by section 8 of SB298.
retail sale of cereal malt beverage in the original package for off-premises consumption as set forth in K.S.A. 41-2704 as amended by section 13 of SB298.

In cities and townships where retail liquor stores are authorized, if days and hours of retail liquor stores are expanded to include Sunday sales, then CMB sales in the original package for off-premise consumption will also be expanded to include Sunday sales.

Subsection (a) of the new statute specifies the two processes by which a county can change the hours and days of sales in unincorporated areas of the county:

A resolution passed by the board of county commissioners.
A petition signed by qualified voters of the county who reside in the unincorporated area of the county equal in number to not less than 5% of the voters of the county residing in the unincorporated area who voted for the office of President of the United States at the last preceding general election at which such office was elected.

Subsection (b) of the new statute specifies the two processes by which a city can change the hours and days of sales within the city:

An ordinance adopted by the governing body of the city.
A petition signed by qualified voters of the city equal in number to not less than 5% of the voters of the city who voted for the office of President of the United States at the last preceding general election at which such office was elected.

Cereal Malt Beverage Act

Amendments to K.S.A. 41-2704 made by Section 13 of Senate Bill 298
This amendment goes into effect on November 15, 2005. In addition to cleaning up some existing language, it makes two changes to existing law:

First, it retains the existing days and hours of retail sale of cereal malt beverage in the original package for off-premises consumption, as follows:

Open Monday through Saturday from 6 a.m. to midnight.
Closed on Sunday.

However, cities and counties may expand the days and hours of sale by either process set forth in new Section 9 of SB298, to the following:

Open Monday through Saturday from 6 a.m. to midnight.
Open on Sunday except Easter from Noon to 8 p.m.

Second, licensees are no longer responsible for preventing underage persons from possessing CMB in or about the licensee's place of business. However, licensees are still responsible to assure that underage persons do not purchase or consume CMB in or about the licensee's place of business.

New Statute created by Section 12 of Senate Bill 298
This statute goes into effect on November 15, 2005. It officially designates K.S.A. 41-2701 et seq. as the Kansas Cereal Malt Beverage Act and it uniformly applicable to all cities and counties. Any city ordinance or county resolution which is in conflict with this act becomes null and void after November 15, 2005.

Sincerely,

Original signed and on file

Thomas Groneman, Director
Alcoholic Beverage Control Division
Kansas Department of Revenue

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cc: Secretary of Revenue
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