Amendments to K.S.A. 41-308a
July 1, 2005
ABC NOTICE –Amendments to K.S.A. 41-308a made by Section 14 of 2005 Senate Bill 298 and Clarification of Kansas Law
Dear Farm Winery Licensee,
Amendment to K.S.A. 41-308a
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 wine 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 license and operate.
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, that apply to manufacturers.
Clarification of Kansas Law
Computation of Gallonage Tax: As a reminder per K.S.A. 41-501(b)(1)
the gallonage tax return and payment is due on or before the 15th
of the month following the manufacture of all wine. The gallonage
tax is imposed when the wine is manufactured,
rather than when the wine is sold.
On May 16, 2005, the U.S. Supreme Court ruled that it is unconstitutional for states that allow in-state wineries to ship wine directly to consumers to ban such shipments from out-of-state wineries. Kansas law does not allow Kansas farm wineries to ship products directly to consumers either in Kansas or outside of Kansas. Also, out-of-state wineries are prohibited from direct shipments to consumers located in Kansas. Therefore, Kansas law is not affected by the Court's decision.
Included with this notice is your new license. The valid dates of
your license have not changed. ABC has changed the first two digits
of your Farm Winery License from 21 to 30. Also enclosed are your
new license(s) for your Farm Winery Outlet(s). ABC has changed the
first two digits of your Farm Winery Outlet license from 21 to 31.
Please post these new licenses immediately and destroy the previous
license issued.
Sincerely,
Original signed and on file
Thomas Groneman, Director
Alcoholic Beverage Control Division
Kansas Department of Revenue
cc: Secretary of Revenue, ABC Enforcement, Licensing & Marketing