Title 5 - Business Licenses and Regulations

5.20 Private Clubs, Drinking Establishments, and Caterers1

  1. 1.
    For statutory provisions authorizing the levying of a maximum $250 annual occupational tax on Class B Private Clubs, see K.S.A. 41-2627.

5.20.055 Definitions.

As used in this Chapter, the words and phrases defined in this Section shall have the following meanings, unless the context otherwise requires:

  1. A.

    Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted, whatever its origin, and includes synthetic ethyl alcohol, but does not include denatured alcohol or wood alcohol. (See K.S.A. 41-102(a))

Effective on: 1/1/1901

  1. B.
    Alcoholic Candy means (1) for purposes of manufacturing, any candy or other confectionery product with an alcohol content greater than 0.5% alcohol by volume; and (2) for purposes of sale at retail, any candy or other confectionery product with an alcohol content greater than 1% by volume. (See K.S.A. 41-102(b))

Effective on: 1/1/1901

  1. C.
    Alcoholic Liquor means Alcohol, Spirits, Wine, Beer, Alcoholic Candy and every liquid or solid, patented or not, containing Alcohol, Spirits, Wine or Beer, and capable of being consumed by a human being, but shall not include any Cereal Malt Beverage. (See K.S.A. 41-102(c))

Effective on: 1/1/1901

  1. D.
    Beer when its meaning is not enlarged, modified, or limited by other words, means a beverage, containing more than 3.2% alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager beer, porter and similar beverages having such alcoholic content. (See K.S.A. 41-102(d))
    1. 1.
      Low-alcohol Beer means beer containing not more than 6% alcohol by volume.

Effective on: 1/1/1901

  1. E.
    Caterer means an individual, partnership or corporation that sells Alcoholic Liquor or Cereal Melt Beverage by the individual drink, and provides services related to the serving thereof, on unlicensed Premises that may be open to the public, but does not include a holder of a Temporary Permit, selling Alcoholic Liquor or Cereal Malt Beverage in accordance with the terms of such permit. (See K.S.A. 41-2601(c))

Effective on: 1/1/1901

  1. F.
    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 liquor which is more than 3.2% percent alcohol by weight. (See K.S.A. 41-2701(a))

 

Effective on: 1/1/1901

  1. G.
    Class A Club means a Premises that is owned or leased by a corporation, partnership, business trust or association and that is operated thereby as a bona fide nonprofit social, fraternal or war veterans' club, as determined by the Director, for the exclusive use of the corporation stockholders, partners, trust beneficiaries or associates, hereinafter referred to as "members", and their families and guests accompanying them,  as provided in K.S.A. 41-2637, and amendments thereto. (See K.S.A. 41-2601(e))

Effective on: 1/1/1901

  1. H.
    Class B Club means a Premises operated for profit by a corporation, partnership or individual to which members of such Club may resort for the consumption of food or alcoholic beverages and for entertainment.

Effective on: 1/1/1901

  1. I.
    Club means a Class A or Class B Club. (See K.S.A. 41-2601(f))

Effective on: 1/1/1901

  1. J.
    Director means the Director of Alcoholic Beverage Control of the Kansas State Department of Revenue. (See K.S.A. 41-102(h))

Effective on: 1/1/1901

  1. K.

    Distributor means the person importing or causing to be imported into the State of Kansas, or purchasing or causing to be purchased within the State of Kansas, Alcoholic Liquor for sale or resale to retailers licensed under this chapter and the Kansas Liquor Control Act or Cereal Malt Beverage for sale or resale to retailers licensed under Chapter 5.12 of the OPMC and K.S.A. 41-2702, and amendments thereto. (See K.S.A. 41-102(i))

Effective on: 1/1/1901

  1. L.

    Domestic Beer means beer which contains not more than 15% alcohol by weight and which is manufactured in the State of Kansas. (See K.S.A. 41-102(j) 

Effective on: 1/1/1901

  1. M.

    Domestic Fortified Wine means wine which contains more than 14%, but not more than 20% alcohol by volume and which is manufactured in the State of Kansas. (See K.S.A. 41-102(k))

Effective on: 1/1/1901

  1. N.
    Domestic Table Wine means wine which contains not more than 14% alcohol by volume and which is manufactured without rectification or fortification in the state of Kansas. (See K.S.A. 41-102(l))  

Effective on: 1/1/1901

  1. O.
    Drinking Establishment means Premises that may be open to the general public, where Alcoholic Liquor or Cereal Malt Beverage by the individual drink is sold. (See K.S.A. 41-2601(h))

Effective on: 1/1/1901

  1. P.
    Employee means any Person employed in the business of selling Cereal Malt Beverages or Alcoholic Liquor by Licensee.

Effective on: 1/1/1901

  1. Q.
    Farm Winery means a winery licensed by the Director to manufacture, store and sell domestic table wine and domestic fortified wine. (See K.S.A. 41-102(n))

Effective on: 1/1/1901

  1. R.

    Hard Cider means any alcoholic beverage that: (1) contains less than 8.5% alcohol by volume; (2) has a carbonation level that does not exceed 6.4 grams per liter; and (3) is obtained by the normal alcoholic fermentation of the juice of sound, ripe apples or pears, including such beverages containing sugar added for the purpose of correcting natural deficiencies. (See K.S.A. 41-2601(p))

Effective on: 1/1/1901

  1. S.
    Hotel means the same as provided by K.S.A. 36-501 and amendments thereto. (See K.S.A. 41-41-2601(k))

Effective on: 1/1/1901

  1. T.
    Individual Drink means a beverage containing Alcoholic Liquor or Cereal Malt Beverage served to an individual for consumption by such individual or another individual, but which is not intended to be consumed by two or more individuals. The term "individual drink" includes beverages containing not more than: (1) eight ounces of wine; (2) thirty-two ounces of beer or cereal malt beverage; or (3) four ounces of a single spirit or a combination of spirits. (See K.S.A. 41-2601(l))

Effective on: 1/1/1901

  1. U.
    Licensee means any Person to whom a current Club, Drinking Establishment, Public Venue, or Caterer's license or Temporary Permit has been issued pursuant to under this Chapter. Provided however, if a specific section of this Chapter is intended to only apply to one or more types of licenses or permit, the term "Licensee" shall only apply to those types of licenses or permit. 

Effective on: 1/1/1901

  1. V.
    Manufacture means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottled or fill an original package with any alcoholic liquor, beer, or cereal malt beverage. (See K.S.A. 41-102(q))

Effective on: 1/1/1901

  1. W.

    Manufacturer means every brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic liquor, beer or cereal malt beverage. Manufacturer does not include a microbrewery, microdistillery or a farm winery. (See K.S.A. 41-102(r))

Effective on: 1/1/1901

  1. X.

    Microbrewery means a brewery licensed by the Director to manufacture, store and sell domestic beer and hard cider. (See K.S.A. 41-102(s))

Effective on: 1/1/1901

  1. Y.
    Microdistillery means a facility which produces spirits from any source or substance that is licensed by the Director to manufacture, store and sell spirits. (See K.S.A. 41-2601(t))

Effective on: 1/1/1901

  1. Z.
    Mini-bar means a closed cabinet, whether nonrefrigerated or wholly or partially refrigerated, access to the interior of which is restricted by means of a locking device that requires the use of a key, magnetic card or similar device. (See K.S.A. 41-2601(m))

Effective on: 1/1/1901

  1. AA.
    Minor means any Person under 21 years of age. ((See K.S.A. 41-102(u), K.S.A. 41-2601(n))

Effective on: 1/1/1901

  1. AB.
    Morals Charge means a charge involving the sale of sexual relations; procuring any Person; soliciting of a child under 18 years of age for any immoral act involving sex; possession or sale of narcotics, marijuana, amphetamines or barbiturates; rape; incest; gambling; illegal cohabitation; adultery; bigamy; a crime against nature; or lewd and lascivious behavior. (See K.S.A. 41-2601(o))

Effective on: 1/1/1901

  1. AC.
    Original Package means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever, used, corked, or capped, sealed and labeled by the manufacturer of Alcoholic Liquor or Cereal Malt Beverage to contain and to convey any Alcoholic Liquor or Cereal Malt Beverage. Original container does not include a sleeve. (See K.S.A. 41-102(w))

Effective on: 1/1/1901

  1. AD.
    Person means any natural person, corporation, partnership, trust or association. (See K.S.A. 41-102(x)) 

Effective on: 1/1/1901

  1. AE.
    Premises means the specific area described in the license application and approved as the location upon which the Cereal Malt Beverages and/or Alcoholic Liquor may be sold and/or consumed under the license.

Effective on: 1/1/1901

  1. AF.

    Powdered Alcohol means alcohol that is prepared in a powdered or crystal form for either direct use or for reconstruction in a nonalcoholic liquid. (See K.S.A. 41-102(y))

Effective on: 1/1/1901

  1. AG.

    Public Venue means an arena, stadium, hall or theater, used primarily for athletic or sporting events, live concerts, live theatrical productions or similar seasonal entertainment events, not operated on a daily basis, and containing: 1. Not fewer than 4,000 permanent seats; and 2. not fewer than two private suites that are enclosed or semi-enclosed seating areas, having controlled access and separated from the general admission areas by a permanent barrier. (See K.S.A. 41-2601(q))

Effective on: 1/1/1901

  1. AH.
    Retailer means a Person who is licensed under the Kansas liquor control act and sells at retail or offers for sale at retail, Alcoholic Liquors or Cereal Malt Beverages. Retailer does not include a microbrewery, microdistillery or a farm winery. (See K.S.A. 41-102(aa))

Effective on: 1/1/1901

  1. AI.

    Sale means any transfer, exchange or barter in any manner or by any means whatsoever for a consideration and includes all sales made by any person, whether principal, proprietor, agent, servant, or employee. (See K.S.A. 41-102(bb))

Effective on: 1/1/1901

  1. AJ.

    Sample means a serving of alcoholic liquor or cereal malt beverage that contains not more than: (1) one-half ounce of distilled spirits; (2) one ounce of wine; or (3) two ounces of beer or cereal malt beverage. A sample of a mixed alcoholic beverage shall contain not more than 1/2 ounce of distilled spirits. (See K.S.A. 41-102(dd))

Effective on: 1/1/1901

  1. AK.

    Sell at Retail and Sale at Retail refer to and mean sales for use or consumption and not for resale in any form and sales to clubs, licensed drinking establishments, licensed caterers or holders of a temporary permits. Sell at Retail and Sale at Retail do not refer to or mean sales by a distributor, a microbrewery, a farm winery, a licensed club, a licensed drinking establishment, a licensed caterer, or a holder of a temporary permit. (See K.S.A. 41-102(ff))

Effective on: 1/1/1901

  1. AL.
    Spirits means any beverage which contains Alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with Alcohol or other substances.

Effective on: 1/1/1901

  1. AM.

    Sleeve means a package of two or more 50-millileter (3.2-fluid-ounce) containers of spirits. (See K.S.A. 41-102(hh))

Effective on: 1/1/1901

  1. AN.
    Temporary Permit means the same as defined by K.S.A. 41-2601, and amendments thereto. (See K.S.A. 41-102(kk))

Effective on: 1/1/1901

  1. AO.
    To Sell includes to solicit or receive an order for, to keep or expose for sale and to keep with intent to sell. (See K.S.A. 41-102(gg))

Effective on: 1/1/1901

  1. AP.
    Wine means any alcoholic beverage obtained by the normal alcoholic fermentation of the juice of sound, ripe grapes, fruits, berries or other agricultural products, including such beverages containing added Alcohol or Spirits or containing sugar added for the purpose of correcting natural deficiencies. "Wine" includes hard cider and any other product that is commonly known as a subject of wine. 
     

(History: Ord. CDC-3369 §1, 2022; Ord. CDC-3241 §1, 2019; Ord. CDC-3208 §1, 2018; CDC-3172 §1, 2017; CDC-2875 §1, 2010; CDC-2178 §1, 99) (State Law: K.S.A. 41-2601)

 

Effective on: 1/1/1901