41-308b. Microbrewery license; rights of licensee; microbrewery packaging and warehousing facility license; permit to conduct tasting programs.
41-308b
41-308b. Microbrewery license; rights of licensee;microbrewery packaging and warehousing facility license; permit to conducttasting programs.(a) A microbrewery license shall allow:
(1) The manufacture of not less than 100 nor more than 15,000barrels ofdomestic beer during the license year and the storage thereof;
(2) the sale to beer distributors of beer, manufactured by thelicensee;
(3) the sale, on the licensed premises in the original unopenedcontainer to consumers for consumption off the licensed premises, of beermanufactured by the licensee;
(4) the serving on the premises of samples of beer manufactured by thelicensee, ifthe premises are located in a county where the sale of alcoholic liquor ispermitted by law in licensed drinking establishments;
(5) if the licensee is also licensed as a club or drinking establishment,the sale of domestic beer and other alcoholic liquor forconsumption on the licensed premises as authorized by the club and drinkingestablishment act; and
(6) if the licensee is also licensed as a caterer, the sale of domesticbeer and other alcoholic liquor for consumption on unlicensed premises asauthorized by the club and drinking establishment act.
(b) Upon application and payment of the fee prescribed by K.S.A. 41-310,andamendments thereto, by a microbrewery licensee, the director may issue not toexceed onemicrobrewery packaging and warehousing facility license to the microbrewerylicensee. Amicrobrewerypackaging and warehousing facility license shall allow:
(1) The transfer, from the licensed premises of the microbrewery to thelicensed premisesof the microbrewery packaging and warehousing facility, of beer manufactured bythe licensee,for the purpose of packaging or storage, or both; and
(2) the transfer, from the licensed premises of the microbrewery packagingandwarehousing facility to the licensed premises of the microbrewery, of beermanufactured by thelicensee; or
(3) the removal from the licensed premises of the microbrewery packaging andwarehousing facility of beer manufactured by the licensee for the purpose ofdelivery to alicensed beer wholesaler.
(c) A microbrewery may sell domesticbeer in the original unopened container to consumers for consumption offthe licensed premises at any time between 6 a.m. and 12 midnight on any dayexcept Sunday and between 11 a.m. and 7 p.m.on Sunday. If authorized bysubsection (a), a microbrewerymay serve samples of domestic beer and serve and sell domestic beer and otheralcoholicliquor for consumption on the licensed premises at any time when a club ordrinking establishment is authorized to serve and sell alcoholic liquor.
(d) The director may issue to the Kansas state fair or anybona fide groupof brewersa permit to import into this state small quantities of beer.Such beer shall be usedonly for bona fide educational and scientific tasting programs and shall not beresold. Such beershall not be subject to the tax imposed by K.S.A. 41-501, and amendmentsthereto. The permitshall identify specifically the brand and type of beer to be imported, thequantity to be imported,the tasting programs for which the beer is to be used and the times andlocations of suchprograms. The secretary shall adopt rules and regulations governing theimportation of beerpursuant to this subsection and the conduct of tasting programs for which suchbeer is imported.
(e) A microbrewery license or microbrewery packaging andwarehousing facility license shall apply only to the premises described inthe application and in the license issued and only one location shall bedescribed in the license.
(f) No microbrewery shall:
(1) Employ any person under the age of 18 years in connection with themanufacture, sale or serving of any alcoholic liquor;
(2) permit any employee of the licensee who is under the age of 21 yearsto work on the licensed premises at any time when not under the on-premisessupervision of either the licensee or an employee of the licensee who is 21years of age or over;
(3) employ any person under 21 years of age in connection withmixing or dispensing alcoholic liquor; or
(4) employ any person in connection with the manufacture or sale ofalcoholic liquor if the person has been convicted of a felony.
(g) Whenevera microbrewery licensee is convicted of a violation of theKansas liquor control act,the director may revoke the licensee's licenseand all fees paid for the license in accordance with the Kansasadministrative procedure act.
History: L. 1987, ch. 182, § 138;L. 1990, ch. 179, § 1;L. 1992, ch. 201, § 3;L. 1995, ch. 258, § 1;L. 2005, ch. 135, § 1;L. 2008, ch. 126, § 6; July 1.