41-407. Evasion of liquor tax prohibited; penalties. (a) It shall be unlawful for any person to:
(1) Evade, or attempt to evade, the payment of tax or duty on any alcoholic liquor, in any manner whatever. Upon conviction of violation of this subsection, in addition to the penalty prescribed for the violation of this act, the violator shall forfeit and pay, as a part of costs in the action, double the amount of the tax or duty so evaded or attempted to be evaded.
(2) Have in such person's possession any cask or package of alcoholic liquor, without having thereon each mark required therefor by law, and any such cask or package not having thereon each such mark shall be forfeited to the state of Kansas.
(b) Nothing contained in this section shall make unlawful the possession and transportation of wine imported solely for use by a church or religious organization for sacramental purposes and uses.
(c) Violation of any provision of this section is a misdemeanor punishable by a fine not exceeding $500 or imprisonment not exceeding six months, or both, and in proper cases the trial court may order and direct the confiscation of the liquor involved in the violation as part of the judgment of conviction.
History: L. 1949, ch. 242, § 50; L. 1957, ch. 291, § 1; L. 1979, ch. 153, § 1; L. 1985, ch. 170, § 8; L. 1993, ch. 20, § 6; July 1.
Structure Kansas Statutes
Chapter 41 - Intoxicating Liquors And Beverages
Article 4 - Bonded Warehouses And Related Provisions
41-401 Bonded warehouse required, spirits or wine manufacturer or distributor.
41-402 Spirits and wine kept in warehouse, exceptions; records; joint custody of director.
41-403 Withdrawal from warehouse.
41-405 Enforcement of warehouse provisions.
41-406 Summary detention of liquor; power of director.
41-407 Evasion of liquor tax prohibited; penalties.
41-408 Common carriers authorized to carry liquor.
41-410a Exclusive territorial franchises; certain agreements; cereal malt beverage, beer.