41-2701. Definitions. As used in this act unless the context otherwise requires: (a) “Cereal malt beverage” means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage, as defined in K.S.A. 41-2729, and amendments thereto, but does not include any such […]
41-2702. Retailer’s license; application; notice; fee; state stamp; license nontransferable. (a) No retailer shall sell any cereal malt beverage or beer containing not more than 6% alcohol by volume without having first secured a license for each place of business as herein provided. In case such place of business is located within the corporate limits […]
41-2703. Same; issuance, denial, when; term of license; notice to distributors of nonrenewal, when; special event retailers’ permit. (a) After examination of an application for a retailer’s license, the board of county commissioners or the director shall, if they approve the same, issue a license to the applicant. The governing body of the city shall, […]
41-2703a. Licensure qualifications for limited liability company. (a) Notwithstanding any other provision of law, any limited liability company applying for a license under the Kansas cereal malt beverage act shall be required to meet the qualifications for licensure of a corporation under K.S.A. 41-2703, and amendments thereto, except that only those individuals owning in the […]
41-2704. Hours and days of sale; prohibited acts. (a) In addition to and consistent with the requirements of the Kansas cereal malt beverage act, the board of county commissioners of any county or the governing body of any city may prescribe hours of closing, standards of conduct and rules and regulations concerning the moral, sanitary […]
41-2705. Loans or gifts from manufacturer or distributor prohibited. (a) Except to the extent permitted pursuant to K.S.A. 41-703, and amendments thereto, no retailer, or any officer, associate, member, representative or agent thereof, shall accept, receive or borrow money or anything else of value, or accept or receive credit, directly or indirectly, from: (1) Any […]
41-2706. Certain sales on credit or in trade prohibited. (a) Except as provided by subsection (b), no person shall sell or furnish cereal malt beverages or beer containing not more than 6% alcohol by volume at retail to any person on credit; on a passbook; on order on a store; in exchange for any goods, […]
41-2707. Same; penalties. No distributor shall sell or furnish cereal malt beverages to a retailer on credit; on a passbook; on order on a store; in exchange for any goods, wares or merchandise; in payment for any service rendered or to be rendered; or by any extension of credit of any kind, type or class. […]
41-2708. Revocation or suspension of license; grounds; appeal. (a) The board of county commissioners or the governing body of any city, upon five days’ notice to the persons holding a license, may revoke or suspend the license for any one of the following reasons: (1) The licensee has violated any of the provisions of K.S.A. […]
41-2709. Injunction proceedings. The attorney general, or any county attorney of the state within his county or any city attorney within his city shall at all times have the power to enjoin any party from selling cereal malt beverages within the county or city notwithstanding said party has a license and permit if it shall […]
41-2711. Penalties for violation of act. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than one year, or by […]
41-2712. Invalidity of part. Should any court declare any section, clause or provision of this act to be unconstitutional such decision shall affect only such section, clause or provision so declared unconstitutional and shall not affect any other section, clause or provision of this act. History: L. 1937, ch. 214, § 9; May 1.
41-2722. Certain sales practices prohibited; penalties. (a) No retailer, or employee or agent of a retailer, licensed to sell cereal malt beverage and beer containing not more than 6% alcohol by volume for consumption on the licensed premises shall: (1) Offer or serve any free cereal malt beverage or beer containing not more than 6% […]
41-2725. Cereal malt beverage prohibited at state capitol. (a) No person shall drink or consume cereal malt beverage in the state capitol building or on the grounds of the state capitol building. (b) Violation of this section is a misdemeanor punishable by a fine of not less than $50 or more than $200 or by […]
41-2726. Sales below cost prohibited. (a) No retailer licensed under K.S.A. 41-2701 et seq., and amendments thereto, to sell cereal malt beverage or beer containing not more than 6% alcohol by volume in original and unopened containers and not for consumption on the licensed premises shall sell or offer for sale directly or indirectly any […]
41-2727. Use of minors to determine compliance with law, exceptions. (a) Any person listed in subsections (b)(1), (b)(2) or (b)(3) may engage or direct a person under the legal age for consumption of cereal malt beverage to violate the provisions of K.S.A. 41-2701 et seq., and amendments thereto, in order to develop a program or […]
41-2728. Title of act; power to regulate cereal malt beverage. From and after November 15, 2005: (a) K.S.A. 41-2701 through 41-2727 and section 14 [*], and amendments thereto, shall be known and may be cited as the Kansas cereal malt beverage act. (b) Except as specifically provided in the Kansas cereal malt beverage act, the […]
41-2729. Flavored malt beverages. (a) This act shall be known as the flavored malt beverage act. (b) “Flavored malt beverage” means a malt beverage which meets the formula definitions as set forth in department of the treasury, alcohol and tobacco tax and trade bureau regulations published January 3, 2005, at 27 C.F.R. Parts 7 and […]
41-2730. Violations of act; issuance of citations; civil penalties. (a) The director, or any properly designated agent of the director, may issue a citation for any violation of the Kansas cereal malt beverage act, or any rules and regulations promulgated thereunder, with regard to the sale, consumption or possession of beer containing not more than […]
