41-307. Beer distributor's license; rights of licensee. A beer distributor's license shall allow:
(a) The wholesale purchase, importation and storage of beer.
(b) The sale of beer to:
(1) Licensed caterers;
(2) beer distributors licensed in this state;
(3) retailers, public venues, clubs and drinking establishments, licensed in this state, except that such distributor shall sell a brand of beer only to those retailers, public venues, clubs and drinking establishments of which the licensed premises are located in the geographic territory within which such distributor is authorized to sell such brand, as designated in the notice or notices filed with the director pursuant to K.S.A. 41-410, and amendments thereto; and
(4) such persons located outside such territory or outside this state as permitted by law.
(c) The sale of cereal malt beverage to:
(1) Beer distributors licensed in this state;
(2) clubs and drinking establishments, licensed in this state, and retailers licensed under K.S.A. 41-2702, and amendments thereto, except that such distributor shall sell a brand of cereal malt beverage only to those such clubs, drinking establishments and retailers of which the licensed premises are located in the geographic territory within which such distributor is authorized to sell such brand, as designated in the notice or notices filed with the director pursuant to K.S.A. 41-410, and amendments thereto;
(3) retailers; and
(4) such persons located outside such territory or outside this state as permitted by law.
(d) The sale of beer containing not more than 6% alcohol by volume to cereal malt beverage retailers licensed pursuant to K.S.A. 41-2702, and amendments thereto.
(e) The purchase of cereal malt beverage in kegs or other bulk containers and the bottling or canning thereof in accordance with law.
(f) The storage and delivery to a retailer licensed under the Kansas liquor control act or a retailer licensed under K.S.A. 41-2702, and amendments thereto, on the distributor's licensed premises, of alcoholic liquor or cereal malt beverage of another licensed distributor authorized by law to sell such alcoholic liquor or cereal malt beverage to such retailer, in accordance with an agreement entered into with such other distributor and approved by the director.
(g) The storage and delivery, with proper invoicing in accordance with rules and regulations adopted by the secretary, on the premises of a public venue licensee, of beer sold to or available for purchase by the public venue during an event.
(h) The withdrawal of beer or cereal malt beverage from such licensee's inventory for use as samples in the course of the business of the distributor or at industry seminars. Samples may only be provided to persons licensed as a distributor or a retailer under the Kansas liquor control act, and such person's employees, or to persons licensed under the club and drinking establishment act, and such person's employees. Samples may be served on the licensed premises of the licensee, or on the premises of a licensed retailer, provided no sample shall be served on that portion of the premises of a licensed retailer that is open to the public and where sales of alcoholic liquor at retail are made. Samples may be served on the premises of a licensee holding a license issued under the club and drinking establishment act, provided no sample shall be served on that portion of the premises that is open to the public and where sales of alcoholic liquor are made. No sample shall be provided to any minor. Nothing in this subsection shall be construed to permit the licensee to sell any alcoholic liquor for consumption on the premises. The withdrawal of beer or cereal malt beverage shall be subject to the tax imposed by K.S.A. 79-4101 et seq., and amendments thereto, based on the applicable current posted bottle or case price. For purposes of providing samples pursuant to this subsection other than at industry seminars or to the licensee's employees, the term "sample" shall have the same meaning as that term is defined in K.S.A. 41-2601, and amendments thereto.
History: L. 1949, ch. 242, § 23; L. 1974, ch. 195, § 1; L. 1987, ch. 182, § 16; L. 1987, ch. 182, § 17; L. 1996, ch. 154, § 3; L. 2012, ch. 144, § 9; L. 2015, ch. 82, § 23; L. 2017, ch. 56, § 5; Apr. 1, 2019.
Structure Kansas Statutes
Chapter 41 - Intoxicating Liquors And Beverages
Article 3 - Licensing And Related Provisions; City Option
41-301 Retailer's license, premises within city.
41-302 Same; election; licensees' rights.
41-303 Retailer's license, premises outside city.
41-305 Manufacturer's license; rights of licensee; samples; other.
41-306 Spirits distributor's license; rights of licensee.
41-306a Wine distributor's license; rights of licensee.
41-307 Beer distributor's license; rights of licensee.
41-308 Retailer's license; rights of licensee.
41-308d Retailer's license; wine, beer and spirits tastings; rules and regulations.
41-309 Nonbeverage user's license; rights of licensee.
41-310 License fees; term; city or township taxes.
41-311 Persons and entities ineligible for licensure.
41-311b Licensure of nonresidents.
41-311c Licensure qualifications for limited liability company.
41-315 Retail license; applies only to premises described; removal; procedure.
41-317 License applications; forms; fees; bonds.
41-319 Time limit on grant or denial of license.
41-320a Suspension, involuntary cancellation or revocation of license; grounds.
41-321 Refusal, suspension, involuntary cancellation or revocation of license; appeal to secretary.
41-322 Same; powers of secretary; subpoenas.
41-323 Same; judicial review of secretary's decision.
41-324 Same; duty of county or district attorney.
41-326 Licenses; term; assignability; refund of fees, when.
41-328 Violations of act; civil penalties.
41-328b Administrative orders; civil fines; time limit on orders.
41-330 Denial or revocation of license for alcohol-related convictions; notice and hearing.
41-331 Suppliers; annual permit; brand registration.
41-332 Same; temporary permit to import certain liquor.
41-342 Nonalcoholic malt beverages; title of act.
41-344 Same; sales by certain licensees.
41-345 Same; distribution; sales and taxation.
41-346 Administrative action for offenses involving minors; defense.
41-351 Farm winery; bona fide farmers' market sales permit; rules and regulations.
41-352 Packaging and warehousing facility permit; rights of permit holder.
41-355 Producer's license; rights of licensee; maintenance of records.