41-2601. Definitions.
41-2601
41-2601. Definitions.As used in the club and drinking establishment act:
(a) The following terms shall have the meanings provided by K.S.A. 41-102and amendments thereto: (1)"Alcoholic liquor"; (2) "director"; (3) "original package"; (4)"person"; (5) "sale"; and (6) "to sell."
(b) "Beneficial interest" shall not include any interest aperson may have as owner, operator, lessee or franchise holder of alicensed hotel or motel on the premises of which a club or drinkingestablishment is located.
(c) "Caterer" means an individual, partnership or corporation whichsells alcoholic liquor by the individual drink, and provides servicesrelated to the serving thereof, on unlicensed premises which may be open tothe public, but does not include a holder of a temporary permit, sellingalcoholic liquor in accordance with the terms of such permit.
(d) "Cereal malt beverage" has the meaning provided by K.S.A. 41-2701and amendments thereto.
(e) "Class A club" means a premises which is ownedor leased bya corporation, partnership, business trust or association and which isoperated thereby as a bona fide nonprofit social, fraternal or war veterans'club, as determined by the director, for theexclusive use of the corporate stockholders, partners, trustbeneficiaries or associates (hereinafter referred to as members) and theirfamilies and guests accompanying them.
(f) "Class B club" means a premisesoperated for profit by acorporation, partnership or individual, towhich members of such club mayresort for the consumption of food or alcoholic beverages and forentertainment.
(g) "Club" means a class A or class B club.
(h) "Minibar" means a closed cabinet, whether nonrefrigerated or wholly orpartially refrigerated, access to the interior of which is restricted by meansof a locking device which requires the use of a key, magnetic card or similardevice.
(i) "Drinking establishment" means premises which may be opento the general public, where alcoholic liquor by the individual drink is sold.
(j) "Food" means any raw,cooked or processed edible substance oringredient, other than alcoholic liquor or cereal malt beverage, used orintended for use or for sale, in whole or in part, for humanconsumption.
(k) "Food service establishment" has the meaning provided byK.S.A. 36-501 and amendments thereto.
(l) "Hotel" has the meaning provided by K.S.A. 36-501 and amendmentsthereto.
(m) "Minor" means a person under 21 years of age.
(n) "Morals charge" means a charge involving prostitution; procuringany person; soliciting of a child under 18 years of age for any immoral actinvolving sex; possession or sale of narcotics, marijuana, amphetamines orbarbiturates; rape; incest; gambling; illegal cohabitation; adultery;bigamy; or a crime against nature.
(o) "Restaurant" means:
(1) In the case of a club, a licensed food service establishmentwhich, as determined by the director, derives from sales of food forconsumption on the licensed club premises not less than 50% of its grossreceipts from all sales of food and beverages on such premises in a 12-monthperiod;
(2) in the case of a drinking establishment subject to a food salesrequirement under K.S.A. 41-2642 and amendments thereto, alicensed food service establishment which, as determined by the director,derives from sales of food for consumption on the licensed drinkingestablishment premises not less than 30% of its gross receipts from allsales of food and beverages on such premises in a 12-month period; and
(3) in the case of a drinking establishment subject to no food salesrequirement under K.S.A. 41-2642 and amendments thereto,a licensed food service establishment.
(p) "RV resort" means premises where a place to parkrecreationalvehicles, as defined in K.S.A. 75-1212 and amendments thereto, is offeredfor pay, primarily to transient guests, for overnight or longer use whilesuch recreational vehicles are used as sleeping or living accommodations.
(q) "Secretary" means the secretary of revenue.
(r) "Temporary permit" means a temporary permit issued pursuantto K.S.A. 41-2645 and amendments thereto.
History: L. 1965, ch. 316, § 1; L. 1969, ch. 243, § 1; L.1974, ch. 196, § 1; L. 1975, ch. 252, § 1; L. 1977, ch. 169, § 1; L.1978, ch. 186, § 3; L. 1979, ch. 152, § 5; L. 1981, ch. 200, § 2;L. 1985, ch. 171, § 8; L. 1985, ch. 168, § 4;L. 1987, ch. 182, § 60;L. 1989, ch. 95, § 11;L. 1990, ch. 179, § 5;L. 1995, ch. 266, § 2; July 1.