Handbook for Temporary Permits

Division of Alcoholic Beverage Control
Kansas Department of Revenue 109 SW 9th Street
Mills Building, 5th Floor Topeka, Kansas 66612

Phone: 785-296-7015 / Fax: 785-296-7185
Website: www.ksrevenue.gov/abcindex.html
Email: Kdor_abc.email@ks.gov

Please report errors, omissions or suggestions for improvement to this handbook to the Division of Alcoholic Beverage Control by telephone at 785-296-7015, by fax at 785-296-7185 or by email to Kdor_abc.email@ks.gov.

Changes made to this handbook since the previous revision(s) have been highlighted with a light blue background.

Table of Contents

• Definitions
• Qualifications for a Temporary Permit
• Temporary Permits for Charitable Auctions
• Process for Obtaining a Temporary Permit
• Temporary Permits For Events Held on Public Property
• Kansas State Fair Temporary Permits
• Fundraising Activities that are Exempt from Needing a Temporary Permit under K.S.A. 41-104(h)
• Responsibility for Violations at the Event
• Restrictions on Employees
• Hours and Days of Sales
• Purchasing, Transporting and Paying for Alcoholic Beverages
• Selling and Serving of Alcoholic Beverages
• Sampling
• Other Requirements
• Authorized Activities
• Prohibited Activities
• Administrative Actions for Violations of Statutes and Regulations
• Liquor Drink Tax

Definitions

Alcoholic candy

Means any candy or other confectionary product with an alcohol content greater than 0.5% alcohol by volume (for purposes of manufacturing), or 1% alcohol by volume (for purposes of sale at retail). [Subsection (b) of K.S.A. 41-102]

Alcoholic liquor

Means alcohol, alcoholic candy, spirits, wine, beer 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. [Subsection (c) of K.S.A. 41-102]

Beer

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. [Subsection (d) of K.S.A. 41-102]

Beneficial interest

Means any ownership interest of a person or that person’s spouse in a business, corporation, partnership, business trust, association or other form of business organization which exceeds 5% of the outstanding shares of that corporation or a similar holding in any other form of business organization. [Subsection (c) of K.A.R. 14-23-1]

Cereal malt beverage (CMB)

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 (FMB), as defined in K.S.A. 41-2729, and amendments thereto, but does not include any such liquor which is more than 3.2% alcohol by weight. [Subsection (a) of K.S.A. 41-2701] Since 3.2% alcohol by weight is equivalent to 4% alcohol by volume, then CMB does not include any FMB which contains more than 4% alcohol by volume.

Dispense

Means to portion out servings of alcoholic liquor or CMB for consumption. This term shall include the pouring of drinks of alcoholic liquor and CMB and opening original containers of alcoholic liquor and CMB by the licensee or licensee’s employee for consumption by customers, and shall not include any self-dispensing by a customer. [Subsection (d)(1) of K.S.A 41-2658]

Drinking Establishment (“DE”)

Means premises which may be open to the general public, where alcoholic liquor and CMB by the individual drink is sold. “Drinking establishment” includes a railway car. [Subsection (h) of K.S.A. 41-2601]

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.

[Subsection (p) of K.S.A. 41-102]

Individual drink

Means a beverage containing alcoholic liquor or CMB 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 includes beverages containing not more than eight ounces of wine, 32 ounces of beer or CMB, or four ounces of a spirit or combination of spirits. [Subsection (l) of K.S.A. 41-2601]

Industry member

Means any distributor, manufacturer or supplier or any agent, salesperson or representative thereof. [Subsection (f) of K.A.R. 14-10-5]

Mixed Alcoholic Beverage

Means a beverage that is made by combining alcoholic liquor with a non-alcoholic liquid or other edible substance and that is comprised of at least 25% non-alcoholic liquid or other edible substance, including, but not limited to margarita, sangria, daiquiri or mojito. [Subsection (i)(2) of K.S.A. 41-2640]

Permit holder

Means a person granted a temporary permit pursuant to K.S.A. 41-1201 et seq. [Subsection (k) of K.A.R. 14-23-1]

Permitted premises

Means the area in which alcoholic liquor or CMB is to be served pursuant to the temporary permit as described in the application. [Subsection (l) of K.A.R. 14-23-1]

Pitcher

Means any container that is capable of containing more than 32 fluid ounces but not more than 64 fluid ounces that is used to serve alcoholic liquor or CMB to one or more individuals. [Subsection (i)(3) of K.S.A. 41-2640]

Powdered alcohol

Means alcohol that is prepared in a powdered or crystal form for either direct use or for reconstitution in a non-alcoholic liquid. [Subsection (y) of K.S.A. 41-102]

Sample

Means a serving of alcoholic liquor or CMB which contains not more than: (A) one-half ounce of distilled spirits; (B) one ounce of wine; and (C) two ounces of beer or CMB. A sample of a mixed alcoholic beverage shall contain not more than one-half ounce of distilled spirits. [Subsection (u) of K.S.A. 41-2601]

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. The term ‘‘wine’’ shall include hard cider and any other product that is commonly known as a subset of wine. [Subsection (ll) of K.S.A. 41-102]

Qualifications for a Temporary Permit

The director is authorized to issue temporary permits to organizations or to one or more persons to sell and serve alcoholic liquor and CMB for consumption on licensed or unlicensed premises, or on premises that are otherwise subject to a separate temporary permit, that are open to the public. [Subsection (a) of K.S.A. 41-1201] "Person" may be an individual (natural person), partnership, corporation, or association. [Subsection (m) of K.A.R. 14-23-1] A temporary permit shall also authorize the permit holder to sell alcoholic liquor and CMB at a charitable auction, or one or more limited issue porcelain containers containing alcoholic liquor or CMB.

Partnerships

Each partner must meet all of the qualifications for persons listed below. [Subsection (c) of K.A.R. 14-23-3]

Corporations

Each officer, manager, director or stockholder owning a beneficial interest in the corporation must meet all of the qualifications for persons listed below. [Subsection (a) of K.A.R. 14-23-3]

Limited Liability Companies (LLCs)

LLCs must meet the same qualifications for licensure as a corporation as set forth in K.S.A. 41-2623 (see above). [Subsection (a) of K.S.A. 41-2623a] This includes the following requirements:

• Each person having more than a 5 percent interest in the LLC must meet the licensing qualifications for persons as listed below, except for the citizenship. [Subsection (a)(6) of K.S.A. 41-2623]
• The LLC shall appoint a citizen of the United States and resident of Kansas as process agent to receive service of process and exercise authority of the LLC. The process agent must meet the licensing qualifications for persons as listed below except for residence in the county where the licensed premises will be located. [Subsection (a) of K.S.A. 41-2625]

The LLC must submit a copy of its Articles of Organization and its Operating Agreement to the director in a form and manner as prescribed by the director. [Subsection (b) of K.S.A. 41-2623a]

Associations (unincorporated clubs or groups)

Each officer, manager, director, owner or member with a beneficial interest in the association must meet all of the qualifications for persons listed below. [Subsection (b) of K.A.R. 14-23-3]

Persons

K.A.R. 14-23-3 lists the required (non-discretionary) qualifications for applicants for temporary permits. There are no requirements that pertain to the spouse of an applicant for a temporary permit. [Subsection (d) of K.A.R. 14-23-3]

• Must be at least 21 years of age. [Subsection (d)(4)]
• Cannot be an employee of the director of ABC. [Subsection (d)(5)]
• Cannot have been convicted of a felony in Kansas, any other state or the United States. [Subsection (d)(1)]
• Cannot have been convicted of being the keeper of a house of prostitution, a proprietor of a gambling house, pandering or any crime opposing decency and morality, or forfeited bond to appear in court on any such charge. [Subsections (d)(2) and (3)]
• Cannot have had a license or permit issued by the director of ABC revoked. [Subsection (d)(7)]
  
  Note: This provision applies to applicants who were previously partners in a partnership which had a license or permit revoked, since each partner may be held accountable for the misdeeds of the partnership. [Interpretation by ABC Attorney on Dec. 22, 2004]
• Cannot intend to use the permit to act as an agent for another person. [Subsection (d)(6)]
• Cannot have been an officer, manager, director of or stockholder owning a beneficial interest in a corporation which has:
  • had a license revoked under the club and drinking establishment act, or
  • been convicted of a violation of the club and drinking establishment act or the cereal malt beverage act. [Subsection (d)(8)]

Note: The words above "owning a beneficial interest" apply only to stockholders. [Interpretation by ABC Attorney on Dec. 22, 2004]

The director of ABC may refuse to issue a temporary permit if:

• The applicant has been granted twelve permits in the current calendar year. [Subsection (h)(1) of K.S.A. 41-1201, as amended by Section 6 of 2022 Senate Bill 2]
  • NOTE: The amendments made during the 2022 Legislative session were intended to raise the amount of temporary permits a person could obtain in one year from four to twelve. However, due to an oversight, the general provision in K.S.A. 41-1201(h)(1) stating no more than four temporary permits could be issued to one person in a year was not amended. As a result, the director’s authority provided by K.S.A. 41-1201(i)(1) is effectively rendered moot. This requires a technical amendment to correct, but until such time the limit on temporary permits will remain at four.
• The application was not filed with the director at least 14 days prior to the event. [Subsection (i)(2) of K.S.A 41-1201 and Subsection (b)(5) of K.A.R. 14-23-4]
• The applicant, or any officer, director, partner, registered agent, trustee, manager or owner of the applicant, has previously had a temporary permit, club, drinking establishment or caterer’s license which was surrendered and at the time of such surrender the holder of the permit or license had been ordered to appear and show cause why the permit or license should not be revoked or suspended. [Subsection (i)(3) of K.S.A. 41-1201 and Subsection (b)(1) of K.A.R. 14-23-4]
• The applicant has designated an area for the event that is the same as the area designated for a permit or license that was the subject of an order to appear and show cause why the permit or license should not revoked or suspended at the time the permit or license was surrendered, and it appears that the application for the temporary permit is an attempt to avoid any possible remedial action taken by the director against the former licensee or permit holder. [Subsection (i)(4) of K.S.A. 41-1201 and Subsection (b)(3) of K.A.R. 14-23-4]
• The applicant has had a license or permit revoked under the Kansas Club and Drinking Establishment Act, or has been convicted of a violation of the Kansas Liquor Control Act, the Kansas Club and Drinking Establishment Act, the Kansas Cereal Malt Beverage Act, or the provisions of K.S.A. 79-41a01 et seq. [Subsection (i)(5) of K.S.A. 41-1201 and Subsection (b)(4) of K.A.R. 14-23-4]
• The applicant has not remitted all liquor drink taxes due from a previous temporary permit. [Subsection (i)(6) of K.S.A. 41-1201, as amended by Section 6 of 2022 Senate Bill 2]

Temporary Permits for Charitable Auctions

The term "charitable organization" is not defined in the Kansas Liquor Control Act or the Kansas Club and Drinking Establishment Act. Therefore, we must look at legislative intent. The only other place within the Liquor Control Act where this term is used is subsection (h) of K.S.A. 41-401, passed by the Legislature in 2007. This statute adopts the definition found in subsection (a) of K.S.A. 17-1760 of the "Kansas Charitable Organizations and Solicitations Act", as follows:

(a) "Charitable organization" means any person who engages in the activity of soliciting funds or donations for, or purported to be for, any fraternal, benevolent, social, educational, alumni, historical, humane, public health or other charitable purpose.

An organization claiming this status should be able to produce a copy of the ruling letter issued to it by Internal Revenue Service, stating that it is tax exempt under a specific IRS code subsection (see list below). The name of the organization on the letter should match the name of the organization sponsoring the fundraising event. Local organizations which are part of a national organization should have a copy of the tax exempt ruling issued by the IRS to the national organization which states that the ruling covers its local units.

The following is a list of the IRS tax code subsections associated with the various classifications of "charitable organizations" listed in subsection (a) of K.S.A. 17-1760:

Refer to IRS Publication 557 at www.irs.gov/publications/p557/.

Process for Obtaining a Temporary Permit

K.S.A. 41-1201 describes the process for obtaining a temporary permit:

• Apply online at www.ksabconline.gov. Submit the application to the director at least 14 days before the event. Applications received less than 14 days prior to the event will not be processed unless the director waives this requirement for good cause. [Subsection (d)(1) of K.S.A. 41-1201] For administrative purposes, ABC requests that applicants do not submit an application more than 60 days in advance of an event.
• A temporary permit shall be issued for a period of time not to exceed three consecutive days, except for a permit issued for the Kansas State Fair, or for a permit issued for an event to be held on public property (see below). The dates and hours that the temporary permit is valid shall be specified on the permit. [Subsection (h)(1) of K.S.A. 41-1201]
• The director may issue a sufficient number of temporary permits as required by the State Fair Board. The permit shall be good for the entire period of the state fair and allows the sale of wine in the unopened, original container and the sale and serving of person drinks of wine and/or beer at a location on the state fairgrounds designated by the State Fair Board in a written agreement with the applicant for the temporary permit. A copy of the agreement must be provided with the application for the permit. [Subsection (h)(2) of K.S.A. 41-1201]
• No more than four temporary permits shall be issued to any organization or person in a calendar year. [Subsection (h)(1) of K.S.A. 41-1201]
• Permits shall only be issued for premises where the city, county or township zoning codes allow the use for which the permit is issued. The temporary permit shall specify the premises for which the permit has been issued. [Subsection (e) of K.S.A. 41-1201] Permits shall only be issued in counties which allow the sale of liquor by the drink. See Subsections (e)(1 and (e)(2) of K.S.A. 41-1201.
• Each application shall be electronically submitted, and shall be accompanied by a fee of $25 for each day of the event that a permit is needed. The fee must be paid by either an electronic check or credit card. [Subsection (d)(1) of K.S.A. 41-1201] The fee is not refundable. [Subsection (d)(1) of K.S.A. 41-1201]
• The application must be accompanied by a diagram of the premises covered by the proposed permit, clearly showing the boundaries of the premises, the entrance(s) to and exit(s) from the premises, and the area where alcoholic liquor or CMB will be served. [Subsection (e) of K.S.A. 41-1201 and Subsection (c) of K.A.R. 14-23-2]
• A temporary permit, once issued, cannot be transferred or assigned by the permit holder to another organization or person. [Subsection (k) of K.S.A. 41-1201]
• Cities, counties and townships may charge a fee to a permit applicant, but such fee shall not exceed $25 for each for which the permit is issued. [Subsection (d)(2) of K.S.A. 41-1201, as amended by Section 6 of 2022 Senate Bill 2]

Temporary Permits For Events Held on Public Property

A temporary permit may be issued to a qualified applicant to sell and serve alcoholic liquor and CMB on a city, county or township street, alley, road, sidewalk or highway for a special event under the following conditions [Subsection (f)(1)(A) of K.S.A. 41-1201]:

• The street, alley, road, sidewalk, and highway is closed to motor vehicle traffic by the governing body.
• A written request for the sale and service of alcoholic liquor and CMB has been made to the governing body.
• The event has been approved by the governing body by ordinance or resolution.

The boundaries of such an event shall be clearly marked in a way that reasonably identifies the area in which alcoholic liquor and CMB may be possessed and consumed. [Subsection (f)(1)(B) of K.S.A. 41-1201]

The director may issue a temporary permit for the entire duration of such an event, although in no circumstance may the permit be issued for a period of time longer than 30 days. [Subsection (h)(3) of K.S.A. 41-1201]

Drinking establishments inside or adjacent to the event premises may request to extend their licensed premises into the event premises for the duration of the event. [Subsection (f)(2) of K.S.A. 41-1201] The form to make such a request is available at: https://www.ksrevenue.gov/pdf/abc816.pdf. Since, in these instances, the drinking establishment’s licensed premises are being extended into the event premises, the drinking establishment shall be permitted to conduct sales of alcoholic liquor and CMB in the permit premises. [Ruling by the director, May 2019]

Each licensee extending its licensed premises into a temporary event premises, along with each temporary permit holder in the event multiple temporary permit premises overlap, shall be jointly liable for violations of all laws governing the sale and consumption of alcoholic liquor and CMB. [Subsections (f)(3) and (f)(4) of K.S.A. 41-1201]

Kansas State Fair Temporary Permits

A temporary permit may be issued for the sale of wine, beer or any other alcoholic liquor on the Kansas state fairgrounds, subject to approval by and conditions of the Kansas State Fair Board. [Subsection (g)(1) of K.S.A. 41-1201, as amended by Section 6 of 2022 Senate Bill 2]

Each application for such a temporary permit shall specify the exact premises within the fairgrounds the permit is to include and shall include a diagram of such premises, which must match the entirety of the premises leased from the State Fair Board. [Subsection (g)(1) of K.S.A. 41-1201, as amended by Section 6 of 2022 Senate Bill 2]

The outer boundaries of the fairgrounds shall be marked by signs, a posted map or other means that reasonably identify the area in which alcoholic liquor can be possessed and consumed. [Subsection (g)(1) of K.S.A. 41-1201, as amended by Section 6 of 2022 Senate Bill 2]

Each temporary permit holder operating on the state fairgrounds in this fashion may allow its patrons to leave the permitted premises while in possession of alcoholic liquor and go out into the fairgrounds. [Subsection (g)(3) of K.S.A. 41-1201, as amended by Section 6 of 2022 Senate Bill 2]

Each temporary permit holder operating on the state fairgrounds shall be liable for all violations that occur on their temporary permit premises. [Subsection (g)(2) of K.S.A. 41-1201, as amended by Section 6 of 2022 Senate Bill 2]

Fundraising Activities that are Exempt from Needing a Temporary Permit under K.S.A. 41-104(h)

K.S.A. 41-104 of the Kansas Liquor Control Act lists activities which are exempt from state regulation under the Liquor Control Act, Club and Drinking Establishment Act, and the Cereal Malt Beverage Act. Subsection (h) states that the following activity is exempt:

(h) The serving of complimentary alcoholic liquor or CMB at fund raising activities of charitable organizations as defined by K.S.A. 17-1760, and amendments thereto, and as qualified pursuant to 26 U.S.C.A. 501(c) and by committees formed pursuant to K.S.A. 25-4142 et seq., and amendments thereto. The serving of such alcoholic liquor at such fund raising activities shall not constitute a sale pursuant to this act, the club and drinking establishment act or article 27 of chapter 41 of the Kansas Statutes Annotated, and amendments thereto. Any such fund raising activity shall not be required to obtain a license or a temporary permit pursuant to this act, the club and drinking establishment act or article 27 of chapter 41 of the Kansas Statutes Annotated, and amendments thereto.

To be exempt from state regulation, which means exempt from obtaining a temporary permit, the following conditions must be met:

• The event at which the alcoholic liquor or CMB is served must be an official fundraising event of the organization.
• The event must be sponsored by either a "charitable organization" or by a "candidate, party or political committee," as defined in the statutes referenced in subsection (h).
• The alcoholic drinks or CMB served must be "complimentary." "Complimentary" is not defined in the liquor statutes or regulations. Therefore, the common usage definition as found in most dictionaries will be used: "given free as an act of courtesy." As used in a fundraising setting, this means that there is no charge made to patrons specifically for the alcoholic liquor or CMB and the patrons do not pay anything of value specifically to receive it.

Responsibility for Violations at the Event

Each permit holder is responsible for all violations of the Club and Drinking Establishment Act and associated regulations by the following individuals during the event while on the premises covered by the temporary permit [K.S.A. 41-1202 and K.A.R. 14-23-9]:

• employees of the permit holder
• persons serving or mixing alcoholic beverages or CMB
• any employee of any business contracting with the permit holder to provide food or services in connection with the event.

Restrictions on Employees

All persons who are serving alcoholic beverages or CMB must be at least 18 years old. However, any server who is under the age of 21 must be supervised by a person who is at least 21 years old. [Subsections (l)(1) and (l)(3) of K.S.A. 41-1201 and Subsections (a) and (c) of K.A.R. 14-23-7]

All persons who are mixing or dispensing alcoholic beverages or CMB must be at least 21 years old. [Subsection (l)(2) of K.S.A. 41-1201 and Subsection (b) of K.A.R. 14-23-7]

No person who is dispensing, mixing and serving alcoholic liquor or CMB can:

• Have a conviction of a felony or of any crime involving a morals charge in Kansas, any other state, or the United States at any time. [Subsection (l)(5) of K.S.A. 41-1201] "Morals charge" is defined in subsection (i) of K.A.R.14-23-1 as a charge alleging:
  • prostitution
  • procuring any person
  • solicitation 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
  • adultery
  • bigamy
  • a crime against nature
• have a conviction of a violation of any intoxicating liquor law of Kansas, any other state, or the United States within the previous two years. [Subsection (l)(5) of K.S.A. 41-1201 and Subsection (e) of K.A.R. 14-23-7]
• have two or more convictions within the previous five years of K.S.A. 21-5607, furnishing alcoholic liquor to a minor, or a similar law of any other state, or of the United States; or have three or more convictions within the previous five years of any other intoxicating liquor law of Kansas or any other state, or of the United States. [Subsection (c) of K.S.A. 41-2610] This would include convictions for driving while intoxicated (DWI) or driving under the influence (DUI).

Hours and Days of Sales

There shall be no serving, mixing or consumption of alcoholic liquor or CMB on the premises covered by the temporary permit between the hours of 2 a.m. and 9 a.m. on any day. [Subsection (c)(4) of K.A.R. 14-23-5]

Purchasing, Transporting and Paying for Alcoholic Liquor

A temporary permit holder may purchase and possess alcoholic liquor and CMB for resale up to three days prior to the first day of sale for an event. [Subsection (j)(1) of K.S.A. 41-1201]

The permit holder shall purchase alcoholic liquor and CMB only from:

• a Kansas licensed retail liquor store that possesses a federal wholesaler's basic permit [Subsections (a) and (b) of K.S.A. 41-1202 and Subsections (a) and (c) of K.A.R. 14-23-8]
• a licensed Kansas farm winery [Subsection (a) of K.S.A. 41-1202 and Subsection (a) of K.A.R. 14-23-8].

The retailer or farm winery shall not deliver the alcoholic liquor or CMB to the temporary permit holder. [Subsection (b) of K.A.R. 14-23-8] The permit holder must pick up the alcoholic liquor or CMB purchased from the licensed retail liquor store or farm winery within 48 hours of the day the purchase is made. [Subsection (b) of K.S.A. 41-1202 and Subsection (c) of K.A.R. 14-23-8] A distributor may directly deliver alcoholic liquor and CMB legally purchased to the temporary permit premises without the need for further permission from the director. [Subsections (j)(1) and (j)(2) of K.S.A. 41-1201]

If a retailer or farm winery has sold alcoholic liquor or CMB to a temporary permit holder, and a distributor has directly delivered such alcoholic liquor or CMB to the permit premises, but the retailer or farm winery’s normal hours of operation make immediate payment to the distributor impossible, the licensee may pay the distributor within 48 hours of the sale. [Subsection (j)(2) of K.S.A. 41-1201]

For each purchase of alcoholic liquor and CMB made by the permit holder, the permit holder shall retain a copy of the sales slip for a period of one year. The sales slip shall include, at a minimum, the following information about the sale [Subsection (c) of K.S.A. 41-1202 and Subsection (d) of K.A.R. 14-23-8]:

• Date of the sale.
• Name and address of the retailer or farm winery.
• Name and address of the permit holder as it appears on the permit
• Brand, size and amount of all alcoholic liquor and CMB purchased.
• Cost of the alcoholic liquor and CMB and total cost of the order including the enforcement tax.

Selling and Serving of Alcoholic Beverages and CMB

A temporary permit holder may offer for sale, sell and serve alcoholic liquor and CMB for consumption on unlicensed premises which may be open to the public, if the premises is located within a "wet county." Information concerning the status of each county may be found on the ABC website at: http://www.ksrevenue.gov/pdf/abcwetdrymap.pdf [Subsection (e) of K.S.A. 41-1201]

A temporary permit holder shall sell and serve alcoholic liquor and CMB only by the individual drink, except that a temporary permit holder may sell or serve beer, CMB or any “mixed alcoholic beverage” in a pitcher capable of containing at least 32 fluid ounces but not more than 64 fluid ounces. [Subsection (c)(4) of K.S.A. 41-2640]A pitcher may be served to one or more individuals. [Subsection (i)(3) of K.S.A. 41-2640] No prior approval is required to sell pitchers of mixed alcoholic beverages, however, the mixed alcoholic beverage shall contain at least 25% non-alcoholic liquor or other edible substance. [Subsection (i)(2) of K.S.A. 41-2640]

A temporary permit holder may sell wine in the unopened, original container at the state fair. [Subsection (h)(2) of K.S.A. 41-1201]

Multiple cans or bottles of beer and CMB may be sold to a customer at the same time. The bottles or cans may be opened prior to service. [Approved by the director June 18, 2010]

Most of the restrictions on the pricing of drinks dispensed by temporary permit holders or their employees or agents are set forth in subsection (a) of K.S.A. 41-2640, which prohibits:

• Offering or serving free alcoholic liquor or CMB to any person. [Subsection (a)(1)] This is interpreted as also prohibiting employees or agents of the permit holder from "buying" drinks for anyone on the licensed premises.
• Selling, offering or serving any drink at a price below acquisition cost of the drink. [Subsection (a)(2)] The acquisition cost shall include the cost of both the alcoholic liquor or CMB and non-alcoholic liquor contained in the drink, but not the cost of water, ice, labor, overhead and any other items of clearly negligible value. [K.A.R. 14-23-12]
• Selling, offering or serving an unlimited number of drinks to any person for a set period of time at a fixed price, except at private functions not open to the general public or to the general membership of a club. [Subsection (a)(3)]
• Encouraging or permitting any game or contest which involves drinking alcoholic liquor or CMB or the awarding of drinks as prizes on the licensed premises. [Subsection (a)(4)]
• Advertising or promoting in any way, whether on or off the licensed premises, any of the practices prohibited under subsections (a)(1) through (4). [Subsection (a)(5)]

Sampling

Any temporary permit holder may offer and provide samples of wine, beer, CMB and distilled spirits on the permit premises. [K.S.A. 41-1204]

All alcoholic liquor and CMB samples provided by a temporary permit holder must come from the inventory of the permit holder. [Subsection (a) of K.S.A. 41-1204]

Only the following individuals may dispense samples or participate in the sampling:

• The temporary permit holder;
• The agent or employee of the temporary permit holder;
• A supplier’s permit holder;
• The agent or employee of a supplier’s permit holder; or
• A microbrewery, farm winery or microdistillery who has filed notice that they are participating in the event.

Any alcoholic liquor or CMB sampled must be purchased from either a retailer or the temporary permit holder’s inventory. [Subsections (a) and (b) of K.S.A. 41-1204, and K.S.A. 41-308a, 41-308b and 41-354]

No samples may be served to a minor, and no charge of any sort may be made for samples. No samples may be removed from the permit premises. [Subsections (c) and (d) of K.S.A. 41-1204]

The act of providing samples shall be exempt from the requirement of holding a Kansas Food Service Dealer license from the Department of Agriculture pursuant to Chapter 65 of the Kansas Statutes Annotated. [Subsection (e) of K.S.A. 41-1204]

Other Requirements

Permit holders shall be present at all times during the event or designate another person to be responsible for the conduct of the event if the permit holder is absent. If the permit holder is an organization, the organization must designate a person to act as their agent to be responsible for the conduct of the event. [Subsection (d) of K.A.R. 14-23-5]

Permit holders must admit any law enforcement officer to the premises covered by the temporary permit. [Subsection (c)(3) of K.A.R. 14-23-5]

Permit holders must display on a poster or other device at the entrance to the premises covered by the temporary permit featuring:

• the temporary permit
• the name of the agent of the organization who is in charge of the event
• A diagram of the premises covered by the permit, clearly showing the boundaries of the premises, entrance(s) to and exit(s) from the premises, and the area in which the service of alcoholic liquor will take place
• The business names of all drinking establishments that have elected to extend their licensed premises into the event.

[Subsection (b) of K.A.R. 14-23-5]

The boundary of any premises covered by a temporary permit shall be marked by a line of demarcation. [Subsection (f) of K.S.A. 41-1202] Additionally, the boundary of any premises covered by a temporary permit issued for an event held on a city, county or township street, alley, road, sidewalk or highway must be marked by signs, a posted map or other means that reasonably identify where alcoholic liquor and CMB can be consumed. [Subsection (f)(1)(B) of K.S.A. 41-1201]

Authorized Activities

Sale of CMB

A temporary permit holder may sell CMB in addition to alcoholic liquor, in its normal course of business and in accordance with all existing requirements. No additional CMB retailer’s license is required. [Subsection (a) of K.S.A. 41-1201]

Free food or entertainment.

A temporary permit holder may offer free food or entertainment at any time. [Subsection (c) of K.S.A. 41-2640]

Gift certificates and cards.

A temporary permit holder may sell gift certificates or gift cards that can be subsequently used to purchase drinks. [Ruling approved by the director on Jan. 25, 2005] Liquor drink tax is collected when the card is redeemed.

Reward programs.

A temporary permit holder may offer customers a “mug club” or other reward program which results in a discount on drink prices. [Subsection (c) of K.S.A. 41-2640]

Customers providing their own alcoholic liquor.

A temporary permit holder may allow a customer to bring into the permitted premises bottles of their own alcoholic liquor or CMB to be consumed by the customer and the customer's invited guests. The permit holder may also prohibit such practice. [Subsection (b) of K.S.A. 41-1203 and Subsection (b) of K.A.R. 14-23-11] This does not apply to temporary permits issued for the state fair, pursuant to Subsection (g)(2) of K.S.A. 41-1201. [Subsection (d)(5) of K.S.A. 41-719] The permit holder may not warehouse the customer's bottles of alcoholic liquor or CMB and the customer must remove all such bottles when departing the permitted premises. [Subsections (b)(1) and (2) of K.S.A. 41-1203 and Subsection (b) of K.A.R. 14-23-11]

If a permit holder allows this practice, it may charge the customer a "corkage fee" for mixing/dispensing and/or serving drinks from the customer's bottles of alcoholic liquor or CMB. The corkage fee is subject to the 10 percent retail liquor drink tax imposed by K.S.A. 79-41a01 et seq. [Subsection (a)(1) of K.A.R. 92-24-11]

Combination pricing.

A temporary permit holder may offer specials including food, entertainment and/or drinks of alcoholic liquor and CMB for a single price. [Ruling by the director on July 23, 2012] If such a special is offered, the permit holder shall assign a portion of the price to the alcoholic liquor or CMB included. The portion assigned to the alcoholic liquor or CMB shall be not less than the acquisition cost of the drink to the permit holder. The receipt shall record that portion and the liquor drink tax collected on that portion as separate items. [K.A.R. 92-24-15 and K.A.R. 92-24-16]

Entrance fees

A temporary permit holder may charge a fee for entrance into the permitted premises, or any portion thereof. [Subsection (b) of K.S.A. 41-1201]

Sampling of alcoholic liquor.

A temporary permit holder may allow a microbrewery or microdistillery to serve free samples of its manufactured beer or spirits on the permitted premises. [Ruling by the director, Aug. 13, 2012, based on K.S.A. 41-353 and K.S.A. 41-308b]

A temporary permit holder may allow a farm winery to serve free samples of its manufactured wine and sell wine in the original container on the permitted premises. [Ruling by the director, Aug. 13, 2012, based on K.S.A. 41-308a]

Each microbrewery, farm winery or microdistillery shall file notice with ABC prior to participating in the event covered by the temporary permit.

A temporary permit holder, or a temporary permit holder’s employee or agent, may also provide samples of wine, beer, CMB or distilled spirits to customers on the permit premises, and may allow the holder of a supplier’s permit (or the agent or employee thereof) to provide samples on the permit premises. For more detailed information on this practice, see the section entitled “Sampling” within this handbook.

Charging different prices.

A temporary permit holder may sell and serve drinks at different prices throughout the day. This includes discounts to certain groups of people and “happy hours”. [Subsection (c)(3) of K.S.A. 41-2640]

Selling and serving alcoholic beverages in common consumption areas.

A temporary permit holder may offer for sale, sell and serve alcoholic liquor and CMB for consumption within the designated boundaries of a common consumption area. Sales of this type are subject to the guidelines established by the city or county ordinance or resolution creating the common consumption area. Alcoholic liquor and CMB sold by a temporary permit holder in a common consumption area must be in a container that displays the permit holder’s trade name or logo (if applicable), or other unique identifying mark. [Ruling by the director on June 23, 2017]

Prohibited Activities (also see section on "Selling and serving of alcoholic beverages")

Unqualified employees.

A temporary permit holder shall not knowingly employ any person who does not meet the qualifications set forth in K.S.A. 41-2610 and K.A. R. 14-23-7.

Purchases of liquor stock.

A temporary permit holder shall not purchase alcoholic liquor or CMB from any person other than a retail liquor store possessing a federal wholesaler's basic permit or a licensed farm winery. Also see the section on “Purchasing, transporting, and paying for alcoholic beverages”. [Subsections (a) and (b) of K.S.A. 41-1202 and Subsection (a) of K.A.R. 14-23-8]

Removal of alcoholic liquor or CMB from premises.

A temporary permit holder shall not allow a customer to remove alcoholic liquor or CMB purchased from the permit holder from the permitted premises, except that alcoholic liquor and CMB may be removed to a drinking establishment which has extended its premises into to permitted area of an event authorized by the governing body of a city, county or township by ordinance or resolution. However, this provision does not apply to temporary permit holders who have obtained such a permit to sell alcoholic liquor and CMB at a charitable auction or for the sale of one of more limited issue porcelain containers containing alcoholic liquor or CMB. [Subsection (e) of K.S.A. 41-1202 and Subsection (a) of K.A.R. 14-23-10 and subsection (c)(6) of K.A.R. 14-23-5]

Refilling original containers.

A temporary permit holder shall not refill any original container with alcoholic liquor or any other substance. [Subsection (a) of K.S.A. 41-1203 and Subsection (c)(7) of K.A.R. 14-23-5]

Illegal consumption of alcoholic liquor or CMB.

Allowing any person to consume alcoholic liquor or CMB on the event premises contrary to the provisions of the Club and Drinking Establishment Act is a criminal offense, subject to fine and imprisonment, in addition to possible administrative action by the director. [K.S.A. 41-2604]

Selling alcoholic liquor or CMB below cost.

A temporary permit holder shall not sell any alcoholic liquor or CMB at a price less than the acquisition cost of the drink to the permit holder, plus liquor drink tax. [Subsection (a)(2) of K.S.A. 41-2640]

Serving free alcoholic liquor or CMB.

A temporary permit holder shall not serve any free alcoholic liquor or CMB in any form to any person, other than samples provided as outlined in this handbook. [Subsection (a)(1) of K.S.A. 41-2640]

Sale of powdered alcohol.

A licensee shall not sell, offer to sell, or serve free of charge any powdered alcohol. [Subsection (a)(5) of K.S.A. 41-2640]

Offering 2-for-1 or buy-one-get-one-free specials.

A temporary permit holder shall not offer or sell any drink special which implies or indicates that a drink is free. [Subsections (a)(1) and (a)(5) of K.S.A. 41-2640]

Allowing a drinking game.

A temporary permit holder shall not encourage or permit any game or contest that involves the consumption of alcoholic liquor or CMB on the permitted premises. [Subsection (a)(4) of K.S.A. 41-2640] This does not include “water pong” or any other game in which participants consume only water or other non-alcoholic liquid. It does include any game advertised or promoted as including only water or other non-alcoholic liquid but during which the participants consume alcoholic liquor or CMB. [Ruling by the director on July 30, 2012]

Illegal possession or consumption of alcoholic liquor or CMB by a minor.

Knowingly or unknowingly permitting any minor to possess or consume alcoholic liquor or CMB on the licensed premises is a criminal offense, subject to fine and imprisonment, in addition to possible administrative action by the director. [K.S.A. 41-2615] Exceptions or defenses:

• An exception is made for a minor that is an employee of the licensee and is serving alcoholic liquor or CMB under the supervision of another employee of the licensee who is at least 21 years of age. [Subsection (a) of K.S.A. 41-2615]
• It is a defense to criminal prosecution if the minor exhibited a driver's license, Kansas non-driver's ID card, or other official or apparently official document, containing a photograph that reasonably appears to be the minor and purporting to establish that such minor was 21 years of age or more, and the licensee had reasonable cause to believe that the minor was 21 years of age or older. [Subsection (c) of K.S.A. 41-2615]

Administrative Actions for Violations of Statutes and Regulations

If an ABC enforcement agent observes a violation of the state liquor statutes or administrative regulations, the agent may issue an administrative citation setting forth the details of the violation as listed in subsection (c) of K.S.A. 41-106. The agent shall deliver the administrative citation to the licensee or person in charge of the licensed premises at the time of the violation. A copy of the administrative citation shall also be sent to the licensee by U.S. mail within 30 days after the date of the violation. [Subsection (a) of K.S.A. 41-106]

If a law enforcement officer from any other law enforcement agency observes a violation of the state liquor statutes, the law enforcement officer may prepare a notice of the violation (Form ABC-60) and serve the notice on the licensee or person in charge of the licensed premise. The law enforcement officer shall then submit a report of the violation to ABC for review to determine if administrative action should be taken against the licensee. If ABC decides to take action, then an administrative citation and notice of administrative action is sent to the licensee by U.S. mail within 30 days after the date of the violation. [Subsection (b) of K.S.A. 41-106]

The “person in charge” is defined as any individual or employee present on the licensed premises at the time of the alleged violation that is responsible for the operation of the licensed premises. If no individual or employee has been designated by the licensee as being in charge, then any employee present is considered the “person in charge” for the purpose of delivering an administrative citation by an ABC enforcement agent or for delivering a notice of violation by any other law enforcement officer. [Subsection (e) of K.S.A. 41-106]

The director may suspend or revoke any permit issued by the Division of Alcoholic Beverage Control for a violation of any relevant provisions of the Club and Drinking Establishment Act or any administrative regulations adopted pursuant thereto after the issuance of a citation to the permit holder and a hearing. [K.S.A. 41-106 and K.S.A. 41-2611, K.A.R. 14-16-15 and K.A.R. 14-23-15]

The director may also impose a fine not to exceed $1,000 on a licensee for each violation of the Club and Drinking Establishment Act. The order imposing the fine is appealable in accordance with provisions of the Kansas Administrative Procedure Act (K.S.A. 77-501 et seq.). [K.S.A. 41-2633a]

Liquor Drink Tax

Sales of alcoholic liquor by temporary permit holders are subject to the 10 percent liquor drink tax pursuant to K.S.A. 79-41a01 et seq. The tax is paid by the consumer and computed on the full purchase price of the drink, including any mandatory gratuity charged by the permit holder. The permit holder must file a return of taxes collected and submit the return and the taxes to the department by the 25th day of the following month in which the taxes were collected.

The liquor drink tax is imposed as an alternative to the Kansas retail sales tax. Therefore, alcoholic drinks subject to the liquor drink tax are exempt from the Kansas retail sales tax. [Subsection (a) of K.S.A. 79-3606]

Any permit holder that becomes delinquent in the filing of returns and/or payment of its liquor drink taxes is subject to being fined or having its permit revoked by the director. [Subsection (b) of K.S.A. 79-41a07]

Revised 08/2022