Frequently Asked Questions
Alcoholic Beverage Control - Licensing
Do I have to be a US citizen to
have a liquor license?
Yes. All retail liquor licensees have to meet the residency requirements
as all entity types are treated as individuals.
- A sole proprietor can have a liquor license.
- A corporation cannot have a retail liquor license; but, it can have a drinking establishment or club license.
- A limited liability company can have a retail liquor license.
- A partnership can have a liquor license.
- A limited liability partnership can have a liquor license.
Are there residency requirements
for a trust?
Yes. The grantor, beneficiary & trustee must meet all requirements
with the exception that the beneficiary does not have to be 21 years
of age.
Can I own more than one club?
Yes; however, following requirements apply:
- If two B Clubs are owned, the licensee must meet a 50% food requirement.
- If a B Club and a Drinking Establishment with a 30% food requirement are owned, the licensee must meet a 50% food requirement for the B Club and a 30% food requirement for the Drinking Establishment.
- If a B Club and a Drinking Establishment without a food requirement are owned, the licensee must meet a 50% food requirement for the B Club only.
- If a Drinking Establishment with a 30% food requirement is owned, the licensee must meet a 30% food requirement.
- If a Drinking Establishment without a food requirement is owned, the licensee does not have any food requirements to meet.
How can I get a liquor license?
An applicant must apply for a license and met the statutory requirements.
An application packet is available from the Alcoholic Beverage Control
office or you may download the forms from the ABC web-site.
Do I need to fill out all the documents
in the application packet?
Yes.
Does the spouse, who does not have
any ownership, of the process agent need to be listed on the application
packet?
No.
Is an employee registration form
required for license renewal if there have been no changes in employees
since the issuance or last renewal?
Yes.
How much will my bond for a new
application be?
The Director of Taxation sets the bond for on-premise accounts.
The minimum bond for drinking establishments is $1000.00 or 3 months
tax liability. If a previous club was at the same location, the
amount of the bond will be based on the previous club's past sales.
The following bond amounts are set out in the Kansas Liquor Control
Act:
- Manufacturers--$15,000.00;
- Spirits Distributor--$15,000.00 or an amount equal to the highest monthly liability for any of the 12 months immediately prior to renewal;
- Beer or Wine Distributor--$5,000.00 or an amount equal to the highest monthly liability for any of the 12 months immediately prior to renewal;
- Retailer, Microbrewery and Farm Winery--$2,000.00;
- Nonbeverage users--$200.00 for Class 1, $500.00 for Class 2, $1,000.00 for Class 3, $5,000.00 for Class 4, $10,000.00 for Class 5.
What is the exact role of a process
agent?
The role of a process agent is to accept service of process on behalf
of a licensee.
Can a process agent sign the applicant
oath, gross receipts or other paperwork?
Yes. If a process agent is an owner, the process agent may sign
on behalf of the licensee on ABC forms provided the process agent
provides sufficient documentation of a legal power of attorney to
the ABC.
Can a process agent refuse to give
their social security number?
Yes; however, providing their social security number is a requirement
for being designated as a process agent.
Can distributors "exchange out"
slow moving products with faster moving products?
No. K.A.R. 14-10-16(c) states: "A product shall not be returned
or exchanged because it is overstocked or slow-moving."
Can a bingo parlor and a drinking
establishment be at the same location?
Yes, provided the establishment is in a wet county.
If I have a drinking establishment
and own a building made up of three floors and I only want to license
2 floors is this permissible?
Yes, this is permissible except for hotel/motel premises. A diagram
of the licensed premises and proof of ownership or leasehold such
as a deed or signed lease must be submitted to the ABC.
If I'm located in a wet county
that does not have a food requirement and own a drinking establishment,
what percentage of my sales must be from food?
0%. The wet county does not have a food requirement and no food
requirement is needed on drinking establishments.
When I sell my drinking establishment,
can the new owners operate on my license until their is approved?
No.
Is a drinking establishment/caterer
required to have 30% of its sales in food for both licenses together
or separate?
Together.
Can caterers cater in counties
other then where they are licensed?
Yes, so long as the county where they are catering is a wet county.
Can a restaurant have a private
label for beer?
K.A.R. 14-6-6 prohibits a restaurant from ordering a private label
on beer purchased in bulk. Keg beer may not have a private label
with the label or name being placed on the tapper.
Can a restaurant have a private
label for wine?
Kansas Administrative Regulation (K.A.R.) 14-6-6 provides that a
restaurant may order a private label with their own chosen name
on wine, spirits or beer bottles. They would have to find a manufacturer
who would agree to make a label for the bottles. Technically, the
label would belong to the manufacturer, not the restaurant.
How does a restaurant obtain a
private label?
The licensee would need to locate a manufacturer. The manufacturer
would use the same process as they would with any other label: Obtain
approval from the Federal Alcohol Firearms Tobacco Department and
then submit the ATF approval with a copy of the label to the ABC
prior to bottling. If wine or spirits is being labeled the label
would also have to contain all information required under K.A.R.14-6-3.
If beer is being labeled, the label would also have to contain all
information required in K.A.R. 14-6-4.
May an officer in an A Club have
a beneficial interest in a B Club or Drinking Establishment?
No. K.A.R. 14-19-16(a)
Does a member need to be present
if they have invited guests?
Yes.
Can a Club charge a corkage fee?
Yes; however, as with any alcoholic liquor that is brought on the
licensed premise and not purchased there, the member must remove
the bottle when the member leaves.
Can a retail liquor store have
a door at the back of the store for employees to go from one business
to another?
No.
Can a husband own a retail liquor
store and his wife own a drinking establishment or B club?
No.
Can a retail liquor store owner
also own a CMB establishment?
Yes.
Can you work at a retail liquor
store and at a drinking establishment or B club?
No.
Can we use coupons in the liquor
store?
Mail-in coupons to the manufacturer are allowed; however, no payment
or discounts are allowed in the store when these coupons are used.
In-house coupons can be used and redeemed within the store.
What day do you close for a holiday,
observed holiday or actual holiday?
State observed holiday.
Can a retail liquor store use handbills?
No.
Can a retail liquor store use direct
mail?
Yes.
Does a retailer need permission
from the Director to sell below cost?
Yes.
How big does a vestibule need to
be between party shop and liquor store?
The statute does not make mention of a vestibule. If you have one,
must send diagram in to the Director for approval.
Can a retailer sell ice out of
a mix shop or liquor store?
Only alcohol, wine, spirits and lottery tickets may be sold from
the liquor store. All other products must be sold from the mix shop.
Must retailers post a bond and
an escrow agreement for retail liquor store?
Retailers must post one or the other.
What does the state require as
far as having a party shop with a retail liquor store?
No inside entrance or opening which connects directly with any other
place of business. A diagram must be submitted for approval.
What is allowed as far as advertising
in the newspaper, radio, TV?
Retailers can advertise the price, brand and location.
What is allowed as far as signs
for the store?
No restrictions, but a distributor may not provide a sign that has
a secondary value.
When can a retail liquor store
start selling to clubs after applying for a wholesale permit?
After retailers receive their KSP number from the Bureau of Alcohol,
Tobacco and Firearms. They must have a copy of their application
on premise.
Can a retailer also be a distributor?
No; but retailers may be licensed as Federal wholesalers.
Can a retailer fly out of the country
and bring wines directly to his store to sell?
No, a retailer must go through a distributor who buys from a supplier.
Can a retailer sell the small bottles
of liquor that are made of chocolate?
No.
Is there a cap on how much beer
a microbrewery can sell to a distributor?
No.
Can a salesman permit be issued
to a person that has been convicted of a felony involving gambling
or drugs?
No. K.S.A. 41-334(c), 41-311(a)(4) and 41-311(a)(5)
Where are temporary permits allowed?
Temporary permits are allowed only in wet counties with the following
requirements:
- The permit holder must meet the local zoning;
- the location cannot be on licensed premise;
- the location must be one where liquor can be legally consumed; and
- the permit holder must have control over property.
Does the ABC ever refund the $25.00
stamp fee?
No.
Does the ABC refund the $25.00
Cereal Malt Beverage Stamp fee if the licensee cancels the license
prior to beginning business?
No.
How old do you have to be to work
in a convenience or grocery store that sells 3.2 beer?
The age is 18 for working in a convenience or grocery store. If
a bar serves 50% food, then the age is 18. If a bar does not have
any food requirements, then the age is 21 to bartend. K.S.A. 41-2704A(e)(1)(2).
How old must you be to sell cigarettes
and/or cereal malt beverages or ring them up in a convenience store?
The statute does not address the age to sell or ring up cigarettes;
however, the employee must be 18 for selling or ringing up cereal
malt beverages.
Can a cereal malt beverage inventory
be transferred to a new city license?
That would be the discretion of the city or county. If the city
or county would ask for the opinion of the Alcoholic Beverage Control
Division, our answer would be "Yes" with documented inventory. This
is the same requirement we have of our licensees.
Can an 18 year old pour, serve
and take the money for 3.2 beer?
A licensee may employ an 18 year old who "may dispense or sell cereal
malt beverage, if . . . not less than 50% of the gross receipts
. . . is derived from the sale of food for consumption on the premises
of the licensed place of business".
NOTE: Contact your city or county, or city or county attorney for interpretation of the city or county's ordinance or resolution addressing this subject. It you have a complaint, then contact your local law enforcement agency, i.e. Police Department or Sheriff's Department.
Is a liquor license transferable
to another person?
No.