41-308a. Farm winery license; authority of licensee.
41-308a
41-308a. Farm winery license; authority oflicensee.(a) A farm winery license shall allow:
(1) The manufacture of domestic table wine and domestic fortified wine in aquantity not exceeding 100,000 gallons per year and the storage thereof;
(2) the sale of wine, manufactured by the licensee, to licensed winedistributors, retailers,clubs, drinking establishments, holders of temporary permits as authorizedby K.S.A. 41-2645, and amendments thereto,and caterers;
(3) the sale, on the licensed premises in the original unopened container toconsumers forconsumption off the licensed premises, of wine manufactured by the licensee;
(4) the serving free of charge on the licensed premises and at specialevents, monitored andregulated by the division of alcoholic beverage control, of samples of winemanufactured by thelicensee or imported under subsection (f), if the premises are located in acounty where the sale ofalcoholic liquor is permitted by law in licensed drinking establishments;
(5) if the licensee is also licensed as a club or drinking establishment, thesale of domestic wine, domestic fortified wine and other alcoholic liquor forconsumption on the licensed premises as authorized by the club and drinkingestablishment act;
(6) if the licensee is also licensed as a caterer, the sale of domestic wine,domestic fortified wine and other alcoholic liquor for consumption on theunlicensed premises as authorized by theclub and drinking establishment act;
(7) the sale and shipping, in the original unopened container, to consumersoutside this state of wine manufactured by the licensee, provided that thelicensee complies with applicable laws and rules and regulations of thejurisdiction to which the wine is shipped; and
(8) the sale and shipping of wine within this state pursuant to a permitissued pursuant to K.S.A. 2009 Supp. 41-348, and amendments thereto.
(b) Upon application and payment of the fee prescribed by K.S.A. 41-310, andamendmentsthereto, by a farm winery licensee, the director may issue not to exceed threewinery outlet licensesto the farm winery licensee. A winery outlet license shall allow:
(1) The sale, on the licensed premises in the original unopened container toconsumers forconsumption off the licensed premises, of wine manufactured by the licensee;
(2) the serving on the licensed premises of samples of wine manufactured bythe licenseeor imported under subsection (f), if the premises are located in a county wherethe sale of alcoholicliquor is permitted by law in licensed drinking establishments; and
(3) the manufacture of domestic table wine and domestic fortifiedwine and the storage thereof; provided, that the aggregate quantity ofwine produced by the farm winery licensee, including all winery outlets,shall not exceed 100,000 gallons per year.
(c) Not less than 60% of the products utilized in the manufacture ofdomestic table wine anddomestic fortified wine by a farm winery shall be grown in Kansas except when alesser proportion is authorized by the director based upon the director'sfindings and judgment. The label of domestic wine and domestic fortifiedwine shall indicatethat a majority of the products utilized in themanufacture of the wine at such winery were grown in Kansas.
(d) A farm winery or winery outlet may sell domestic wine and domesticfortified wine inthe original unopened container to consumers for consumption off the licensedpremises at any timebetween 6 a.m. and 12 midnight on any day except Sunday and between 12 noon and6 p.m. onSunday. If authorized by subsection (a), a farm winery may serve samples ofdomestic wine,domestic fortified wine and wine imported under subsection (e) and serve andsell domestic wine,domestic fortified wine and other alcoholic liquor for consumption on thelicensed premises at anytime when a club or drinking establishment is authorized to serve and sellalcoholic liquor. Ifauthorized by subsection (b), a winery outlet may serve samples of domesticwine, domestic fortifiedwine and wine imported under subsection (e) at any time when the winery outletis authorized to selldomestic wine and domestic fortified wine.
(e) The director may issue to the Kansas state fair or any bona fide group ofgrape growersor wine makers a permit to import into this state small quantities of wines.Such wine shall be usedonly for bona fide educational and scientific tasting programs and shall not beresold. Such wineshall not be subject to the tax imposed by K.S.A. 41-501, and amendmentsthereto. The permit shallidentify specifically the brand and type of wine to be imported, the quantityto be imported, thetasting programs for which the wine is to be used and the times and locationsof such programs. Thesecretary shall adopt rules and regulations governing the importation of winepursuant to thissubsection and the conduct of tasting programs for which such wine is imported.
(f) A farm winery license or winery outlet license shall apply only to thepremises describedin the application and in the license issued and only one location shall bedescribed in the license.
(g) No farm winery or winery outlet shall:
(1) Employ any person under the age of 18 years in connection with themanufacture, saleor serving of any alcoholic liquor;
(2) permit any employee of the licensee who is under the age of 21 years towork on thelicensed premises at any time when not under the on-premise supervision ofeither the licensee oran employee of the licensee who is 21 years of age or over;
(3) employ any person under 21 years of age in connection with mixing ordispensingalcoholic liquor; or
(4) employ any person in connection with the manufacture or sale of alcoholicliquor if the person has been convicted of a felony.
(h) Whenever a farm winery or winery outlet licensee is convicted of aviolation of theKansas liquor control act, the director may revoke the licensee's license andorder forfeiture of allfees paid for the license, after a hearing before the director for that purposein accordance with theprovisions of the Kansas administrative procedure act.
(i) This section shall be part of and supplemental to the Kansas liquorcontrol act.
History: L. 1983, ch. 161, § 3;L. 1985, ch. 170, § 25;L. 1987, ch. 182, § 141;L. 1988, ch. 165, § 1;L. 1990, ch. 178, § 1;L. 1992, ch. 201, § 2;L. 1998, ch. 191, § 3;L. 2005, ch. 201, § 14;L. 2006, ch. 206, § 5;L. 2007, ch. 178, § 2;L. 2008, ch. 126, § 1;L. 2009, ch. 114, § 4; July 1.