CHAPTER IV. BEVERAGESCHAPTER IV. BEVERAGES\ARTICLE 1. DEFINITIONS

Unless otherwise expressly stated or the context clearly indicates a different intention, the terms set forth in the following sections shall, for the purpose of this chapter, have the meanings indicated.

(a)   “Alcohol” means the product of distillation of any fermented liquid, whether rectified or diluted, whatever its origin, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol.

(b)   “Alcoholic liquor” means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.

(c)   “Beer” means a beverage, containing more than 3.2% alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager beer, porter and similar beverages having such alcoholic content.

(d)   “Beer and Cereal Malt Beverage Keg Registration Act” means the provisions of K.S.A. 41-2901, et seq., as the same now provides or as it may be hereafter amended.

(e)   “Caterer” means a person who sells alcoholic liquor by the individual drink, and provides services related to the serving thereof, on unlicensed premises which may be open to the public, but does not include a holder of a temporary permit, selling alcoholic liquor in accordance with the terms of such permit.

(f)   “Cereal malt beverage” means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor which is more than 3.2% alcohol by weight.

(g)   “Class A club” means a premises which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide nonprofit social, fraternal or war veterans’ club, as determined by the State Director of Alcoholic Beverage Control, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates (hereinafter referred to as members) and their families and guests accompanying them.

(h)   “Class B club” means a premises operated for profit by a corporation, partnership or individual, to which members of such club may resort for the consumption of food or alcoholic beverages and for entertainment.

(i)    “Club” means a Class A club or a Class B club.

(j)    “Distributor” means the person importing or causing to be imported into the state, or purchasing or causing to be purchased within the state, either (i) alcoholic liquor for sale or resale to retailers licensed under this chapter or cereal malt beverage for sale or resale to retailers licensed under this chapter or under the Kansas Liquor Control Act, or (ii) cereal malt beverage for sale or resale to retailers licensed under this chapter or by any other Kansas municipality.

(k)   “Domestic beer” means beer which contains not more than 8% alcohol by weight and which is manufactured from agricultural products grown in this state.

(l)    “Domestic fortified wine” means wine which contains more than 14%, but not more than 20% alcohol by volume and which is manufactured from agricultural products grown in this state without rectification.

(m)  “Domestic table wine” means wine which contains not more than 14% alcohol by volume and which is manufactured without rectification or fortification from agricultural products grown in this state.

(n)   “Drink of alcoholic liquor” means an individual serving of any beverage containing alcoholic liquor.

(o)   “Drink of cereal malt beverage” means an individual serving of cereal malt beverage.

(p)   “Drinking establishment” means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.

(q)   “Farm winery” means a winery licensed by the State Director of Alcoholic Beverage Control to manufacture, store and sell domestic table wine and domestic fortified wine.

(r)    “Food” means any raw, cooked or processed edible substance or ingredient, other than alcoholic liquor or cereal malt beverage, used or intended for use or for sale, in whole or in part, for human consumption.

(s)   “Food service establishment” means any place in which food is served or is prepared for sale or service on the premises or elsewhere. Such term shall include, but not be limited to, fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grill, tea room, sandwich shop, soda fountain, tavern, private club, roadside stand, industrial-feeding establishment, catering kitchen, commissary and any other private, public or nonprofit organization or institution routinely serving food and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.

(t)    “General retailer” means a person who has a license to sell cereal malt beverages at retail.

(u)   “Hotel” means every building or other structure which is kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are offered for pay primarily to transient guests and in which four or more rooms are used for the accommodation of such guests, regardless of whether such building or structure is designated as a cabin camp, tourist cabin, motel or other type of lodging unit.

(v)   “Kansas Liquor Control Act” means the provisions of K.S.A. 41-101, et seq., as the same now provides or as it may be hereafter amended.

(w)  “Keg” means a reusable container of beer or cereal malt beverage having a liquid capacity of four or more gallons.

(x)   “Legal age for consumption of cereal malt beverage” means 21 years of age, except that “legal age for consumption of cereal malt beverage” shall mean 18 years of age if at any time the provisions of P.L. 98-363 penalizing states for permitting persons under 21 years of age to consume cereal malt beverage are repealed or otherwise invalidated or nullified.

(y)   “Manufacture” means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with any alcoholic liquor, beer or cereal malt beverage.

(z)   “Manufacturer” means every brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic liquor, beer or cereal malt beverage. “Manufacturer” does not include a microbrewery or a farm winery.

(aa) “Microbrewery” means a brewery licensed by the State Director of Alcoholic Beverage Control to manufacture, store and sell domestic beer.

(bb) “Nonbeverage user” means any manufacturer of any of the products set forth and described in K.S.A. 41-501, and amendments thereto, when the products contain alcohol or wine, and all laboratories using alcohol for nonbeverage purposes.

(cc) “Original package” means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor. “Original package” does not include a sleeve.

(dd) “Person” means any natural person, corporation, partnership, limited liability company, trust, association or other recognized legal entity.

(ee) “Place of business” means any place at which cereal malt beverages or alcoholic beverages or both are sold.

(ff)  “Restaurant” means:

(1)   In the case of a club, a licensed food service establishment which, as determined by the State Director of Alcoholic Beverage Control, derives from sales of food for consumption on the licensed club premises not less than 50% of its gross receipts from all sales of food and beverages on such premises in a 12-month period;

(2)   In the case of a drinking establishment subject to a food sales requirement under K.S.A. 41-2642 and amendments thereto, a licensed food service establishment which, as determined by the State Director of Alcoholic Beverage Control, derives from sales of food for consumption on the licensed drinking establishment premises not less than 30% of its gross receipts from all sales 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 sales requirement under K.S.A. 41-2642 and amendments thereto, a licensed food service establishment.

(gg) “Retailer” means a person who sells at retail, or offers for sale at retail, alcoholic liquors or cereal malt beverages. “Retailer” does not include a microbrewery or a farm winery.

(hh) “Sale” means any transfer, exchange or barter in any manner or by any means whatsoever for a consideration, and includes all sales made by any person, whether principal, proprietor, agent, servant or employee.

(ii)   “Salesperson” means any natural person who:

(1)   Procures or seeks to procure an order, bargain, contract or agreement for the sale of alcoholic liquor or cereal malt beverage; or

(2)   Is engaged in promoting the sale of alcoholic liquor or cereal malt beverage, or in promoting the business of any person, firm or corporation engaged in the manufacturing and selling of alcoholic liquor or cereal malt beverage, whether the seller resides within the state of Kansas and sells to licensed buyers within the state of Kansas, or whether the seller resides without the state of Kansas and sells to licensed buyers within the state of Kansas.

(jj)   “Sell at retail” and “sale at retail” mean sales for use or consumption and not for resale in any form, and includes sales of beer or cereal malt beverage in a keg returnable to the seller. Such terms shall not mean or include sales by a distributor or sales by one retailer to another, or sales to clubs, licensed drinking establishments, licensed caterers, or holders of temporary pem1its, or sales by a distributor, a microbrewery, a farm winery, a licensed club, a licensed drinking establishment, a licensed caterer or a holder of a temporary permit.

(kk) “Sleeve” means a package of two or more 50-milliliter (3.2-fluid-ounce) containers of spirits.

(ll)   “State Director of Alcoholic Beverage Control” means the Director of Alcoholic Beverage Control of the Department of Revenue of the State of Kansas.

(mm)        “Spirits” means any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.

(nn) “Supplier” means a manufacturer of alcoholic liquor or cereal malt beverage or an agent of such manufacturer, other than a salesperson.

(oo) “Temporary permit” means a temporary permit issued by the State Director of Alcohol Beverage Control pursuant to K.S.A. 41-2645, and amendments thereto.

(pp) “To sell” includes to solicit or to receive an order for, and includes to keep or expose for sale and to keep with intent to sell.

(qq) “Wine” means any alcoholic beverage obtained by the normal alcoholic fermentation of the juice of sound, ripe grapes, fruits, berries or other agricultural products, including such beverages containing added alcohol or spirits or containing sugar added for the purpose of correcting natural deficiencies.

(Ord. 4553-05)