Title 5 - Business Licenses and Regulations

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

2. 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% alcohol by volume. (See K.S.A.41-102(b))

Effective on: 1/1/1901

3. 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

4. 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

5. E.
   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 contains more than 3.2% alcohol by weight. (See K.S.A. 41-2701(a))

Effective on: 1/1/1901

6. F.
   Director means the director of alcoholic beverage control of the department of revenue. (See K.S.A. 41-102(h))

Effective on: 1/1/1901

7. G.
   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

8. H.

   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. 41-102(p)) 

Effective on: 1/1/1901

9. I.

   Manufacture means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle 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

10. J.
    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

11. K.
     ​​​​​​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. 41-102(t))

Effective on: 1/1/1901

12. L.

    Nonbeverage User means a person that purchases alcohol or wine from a licensed manufacturer or distributor to be used solely for the following nonbeverage purposes: patent and proprietary medicines and medicinal, antiseptic and toilet preparations; flavoring extracts and syrups and food products; scientific, industrial and chemical products; or scientific, chemical, experimental or mechanical purposes. (See K.S.A. 41-309 and K.S.A. 41-501(e)(1))

Effective on: 1/1/1901

13. M.
    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 or alcoholic liquor, to contain and to convey any alcoholic liquor. Original container does not include a sleeve. (See K.S.A. 41-102(w))

Effective on: 1/1/1901

14. N.
    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

15. O.
    Person means any natural person, corporation, partnership, trust or associations. (See K.S.A. 41-102(x))

Effective on: 1/1/1901

16. P.

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

Effective on: 1/1/1901

17. Q.

    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

13. M.
    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. (See K.S.A. 41-102(ii))

Effective on: 1/1/1901

14. N.
    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 subset of wine. (See K.S.A. 41-102(ll))

(History: Ord. AL-3366, §1, 2022; Ord. AL-3242 §1, 2019; Ord. AL-1379 §1, 86; AL-1320 §1, 85; ABC-421 §1, 71) (State Law: K.S.A. 41-102)

Effective on: 1/1/1901