41-2643. Caterer's license; rights of licensee.
41-2643
41-2643. Caterer's license; rights of licensee.(a) A caterer's license shall allow the licensee to offer forsale, sell and serve alcoholic liquor forconsumption on unlicensed premises, which may be open to the public, butonly if such premises arelocated in a county where the qualified electors of the county:
(1) (A) Approved, by a majority vote of those voting thereon, theproposition toamend section 10 of article 15 of the constitution of the state of Kansasat the general election in November, 1986, or (B) have approved aproposition to allow sales of alcoholic liquor by the individual drink inpublic places within the county at an election pursuant to K.S.A.41-2646 and amendments thereto; and
(2) have not approved a proposition to prohibit such sales of alcoholicliquor in such places at a subsequent election pursuant to K.S.A.41-2646 and amendments thereto.
(b) A caterer shall be required to derive from sales of food at cateredevents not less than 30% of the caterer's grossreceipts from allsales of food and beverages at catered events in a12-month period unless the caterer offers for sale, sells andserves alcoholic liquor only in counties where the qualified electors of thecounty:
(1) Have approved, at an election pursuant to K.S.A.41-2646 and amendments thereto, a propositionto allow sales of alcoholic liquor by the individual drink in public placeswithin the county without a requirement that any portion of their grossreceipts be derived from the sale of food; and
(2) have not approved a proposition to prohibit such sales of alcoholicliquor in such places at a subsequent election pursuant to K.S.A.41-2646 and amendments thereto.
(c) Each caterer shall maintain the caterer's principal place ofbusiness in a county in this state where the caterer is authorized by thissection to sell alcoholic liquor by the individual drink in a public place.All records of the caterer relating to the caterer's licensed business andthe caterer's license shall be kept at such place of business. Thecaterer's principal place of business shall be stated in the applicationfor a caterer's license and the caterer shall notify the director of anychange in its location within 10 days after such change.
(d) A caterer shall notify the director at least 10 days prior toany event at which the caterer will sell alcoholic liquor bythe individual drink unless the director waives the 10-day requirement forgood cause shown. In addition, prior to the event, the caterer shall notify:
(1) The police chief of the city where the event will take place, if theevent will take place within the corporate limits of a city; or
(2) the county sheriff of the county where the event will take place, ifthe event will be outside the corporate limits of any city.
(e) A caterer may rebate a portion of the caterer's receipts from the saleof alcoholic liquor at an event to the person or organization contractingwith the caterer to sell alcoholic liquor at such event.
History: L. 1987, ch. 182, § 89;L. 1990, ch. 179, § 7; July 1.