41-211. Same; scope.
41-211
41-211. Same; scope.(a) The rules and regulations adopted by the secretary ofrevenue pursuant to K.S.A. 41-210, and amendments thereto, shallincluderules and regulations:
(1) Prescribing the nature, form and capacity of allcontainers used for alcoholic liquors;
(2) prescribing the nature of and the representations to be shownupon the labels attached to the containers and requiring that the labelsattached to all original containers or packages of alcoholic liquors soldor offered for sale in this state shall set forth in plain and legibleprint in the English language the quantity of such liquors, exclusive ofthe package or cask containing them, in either metric or English measurement;
(3) prescribing administrative procedures for the issuance of licensesand the investigation of license applications and providing for advisoryrecommendations from governing bodies of cities as to retailers' licensesand for hearings on applications;
(4) prescribing conditions for the issuance of duplicatelicenses in lieu of those lost or destroyed;
(5) prescribing those violations of the rules and regulations for whichlicenses shall be suspended or revoked;
(6) establishing standards of purity, sanitation and honestadvertising and representations;
(7) requiring the destruction of stamps upon containers whichhave been opened;
(8) in the case of manufacturers and distributors of alcoholicliquors, requiring the labels attached to all containers of suchliquors which are intended for sale in this state to set forth, in plainlegible print in the English language, the nameand kind of alcoholic liquors contained therein, together with theiralcoholic content, and if a blended product (except wine) to so state,except that, if the director deems it unnecessary to show thealcoholic content of beer on labels of containers of beer, the alcoholiccontent shall not be required to be shown thereon;
(9) establishing procedures and conditions under which minors may beengaged in programs or systems encouraging compliance with the provisions oflawsrelating to the sale of alcoholic liquor and cereal malt beverages to a personunder 21 years of age or under the legal age for consumption of cereal maltbeverages asauthorized by K.S.A. 41-727a, 41-2652 and 41-2727, and amendments thereto. Suchregulationsshall include provisions which require that such person used in any suchprogram orsystemto be (A) at least 18 years of age and not more than 19 1/2 years of age; (B)exhibit a youthful appearance; (C) carry only one piece of identification,which shall be a valid form of identification; (D) truthful ininteractions with licensees; except if asked,such person may deny working with law enforcement officials.
It shall be an absolute defense in any civil proceeding or criminal prosecutionif anysuch program or system does not comply with the procedures and conditionsrequiredby such rules and regulations;
(10) providing for such other details as are necessary orconvenient tothe administration and enforcement of this act.
(b) The secretary of revenue may adopt rules and regulations pursuantto K.S.A. 41-210, and amendments thereto establishing:
(1) Standards of manufacture of alcoholic liquors and beer, regardlessof its alcoholic content, not inconsistent with federal laws, in order toinsure the use of proper ingredients and methods in the manufacture anddistribution thereof; and
(2) standards, not inconsistent with federal law, for the properlabeling of containers or barrels, casks or other bulk containers orbottles of alcoholic liquor and beer, regardless of its alcoholic content,manufactured or sold in this state.
History: L. 1949, ch. 242, § 16; L. 1978, ch. 187, § 1; L. 1985, ch.170, § 3; L. 1986, ch. 185, § 4;L. 1993, ch. 234, § 2;L. 2000, ch. 166, § 8; July 1.