41-2645. Temporary permit; authorization of certain sales.
41-2645
41-2645. Temporary permit; authorization of certainsales.(a) A temporary permit shall allow the permit holder to offer for sale, selland serve alcoholic liquor for consumption on unlicensed premises, which may beopen to the public, subject to the terms of such permit.
(b) The director may issue a temporary permit to any one or more personsor organizations applying for such a permit, in accordance with rules andregulations of the secretary. The permit shall be issued in the names ofthe persons or organizations to which it is issued.
(c) Applications for temporary permits shall be required to be filedwith the director not less than 14 days before the event for which thepermit is sought unless the director waives such requirement for good cause.Each application shall state the purposes for which the proceeds of theevent will be used. The applicationshall be upon a form prescribedand furnished by the director and shall be filed with the director induplicate. Each application shall beaccompanied by a permit fee of $25 for each day for which the permit isissued, which fee shall be paid by a certified or cashier's check of a bankwithin this state, United States post office money order or cash in thefull amount thereof. All permit fees collected by the director pursuant tothis section shall be remitted to the state treasurer in accordance with theprovisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each suchremittance, the state treasurer shall depositthe entire amount in the state treasury to the creditof the state general fund.
(d) Temporary permits shall specify the premises for which they areissued and shall be issued only for premises where the city, county ortownship zoning code allows use for which the permit is issued. Notemporary permit shall be issued for premises which are not located in acounty where the qualified electors of the county:
(1) (A) Approved, by a majority vote of those voting thereon, to adoptthe proposition amending section 10 of article 15 of the constitution ofthe state of Kansas at the general election in November, 1986; or (B) haveapproved a proposition to allow the sale of liquor by the individual drinkin public 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.
(e) (1) A temporary permit may be issued for the consumption ofalcoholic liquor on a city, county or township street, alley, road, sidewalk orhighway for a special event; provided, that such street, alley, road, sidewalkor highway is closed to motor vehicle traffic by the governing body of suchcity, county or township forsuch special event, a written request for such consumption and possession ofsuch alcoholic liquor has been made to the local governing body and the specialevent is approved by the governing body of such city, county or township byordinance or resolution.The boundaries of such special event shall be clearly marked by signs, a postedmap or other means which reasonably identify the area in which alcoholic liquormay be possessed or consumed at such special event.
(2) Drinking establishments that are immediately adjacent to, or locatedwithin the licensed premises of a special event, for which a temporary permithas been issued and the consumption of alcoholic liquor on public property hasbeen approved, may request that the drinking establishment's licensed premises be extended into and made a part of the licensed premises of the special eventfor the duration of the temporary permit issued for such special event.
(3) Each licensee selling alcoholic liquor for consumption on the premises ofa special event for which a temporary permit has been issued shall be liablefor violations of all laws governing the sale andconsumption of alcoholic liquor.
(4) For the purposes of this section, "special event" shall have the samemeaning given that term in K.S.A. 41-719, and amendments thereto.
(f) A temporary permit shall be issued for a period of timenot to exceed three consecutive days, the dates and hours of which shall bespecified in the permit, except that the director may issue one temporarypermit, valid for the entire period of time ofthe Kansas state fair, which authorizes the sale of wine in its original,unopened container and the serving by the drink ofonly wineor beer, or both, on the state fairgrounds on premises specified in thetemporary permit, by aperson who has entered into an agreement with the state fair board for thatpurpose. Not more than four temporary permits may be issuedto any one applicant in a calendar year.
(g) All proceeds from an event for which a temporary permitis issued shall be used only for the purposes stated in the application forsuch permit.
(h) A temporary permit shall not be transferable orassignable.
(i) The director may refuse to issue a temporary permit toany person or organization which has violated any provision of the Kansasliquor control act, the drinking establishment act or K.S.A. 79-41a01 et seq.,and amendments thereto.
History: L. 1987, ch. 182, § 91;L. 1990, ch. 179, § 8;L. 2001, ch. 5, § 132;L. 2006, ch. 206, § 2;L. 2008, ch. 126, § 3;L. 2009, ch. 114, § 10; July 1.