Frequently Asked Questions About 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 and 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 percent food requirement.
  • If a B Club and a Drinking Establishment with a 30 percent food requirement are owned, the licensee must meet a 50% food requirement for the B Club and a 30 percent 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 percent food requirement for the B Club only.
  • If a Drinking Establishment with a 30 percent food requirement is owned, the licensee must meet a 30 percent 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?
Yes.

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 licensees' accounts. The minimum bond for on-premise licensees is $1000.

The following bond amounts are set out in the Kansas Liquor Control Act:

  • Manufacturers--$15,000;
  • Spirits Distributor--$15,000 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 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;
  • Nonbeverage users--$200 for Class 1, $500 for Class 2, $1,000 for Class 3, $5,000 for Class 4, $10,000 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.

Can distributors "exchange out" slow moving products with faster moving products?
No. K.S.A. 41-728 authorizes returns/exchanges with Director's approval.

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 two 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 percent. 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 percent of its sales in food for both licenses together or separate?
Separate. Refer to K.A.R. 14-22-8.

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. A restaurant may have private labels on beer bottles.

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 Alcohol and Tobacco Tax and Trade Bureau (TTB) and then submit the TTB 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. The retailer may only have a door that leads outside.

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. Coupons created and distributed by the licensee can be used and redeemed within the retial liquor 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 Alcohol and Tobacco Tax and Trade Bureau (TTB). 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.

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 state cereal malt beverage stamp fee?
No.

Does the ABC refund the $25 state 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 percent 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 percent 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.

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