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41-2701. Definitions. As used in this act unless the context otherwise requires:

(a) "Cereal malt beverage" means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage, as defined in K.S.A. 2022 Supp. 41-2729, and amendments thereto, but does not include any such liquor which is more than 3.2% alcohol by weight.

(b) "Director" means the director of alcoholic beverage control of the department of revenue.

(c) "Manufacturer" means a manufacturer as defined by K.S.A. 41-102, and amendments thereto.

(d) "Person" means any individual, firm, partnership, corporation or association.

(e) "Retailer" means any person who is licensed under the Kansas cereal malt beverage act and who sells or offers for sale any cereal malt beverage or beer containing not more than 6% alcohol by volume for use or consumption and not for resale in any form.

(f) "Place of business" means any place at which cereal malt beverages or beer containing not more than 6% alcohol by volume are sold.

(g) "Distributor" means a beer distributor licensed pursuant to the Kansas liquor control act.

(h) "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of P.L. 98-363 penalizing states for permitting persons under 21 years of age to consume cereal malt beverage are repealed or otherwise invalidated or nullified.

History: L. 1937, ch. 214, § 1; L. 1949, ch. 243, § 1; L. 1978, ch. 189, § 1; L. 1985, ch. 171, § 5; L. 1985, ch. 168, § 7; L. 1987, ch. 182, § 97; L. 2006, ch. 160, § 2; L. 2017, ch. 56, § 7; April 1, 2019.

Law Review and Bar Journal References:

"Third Party Liability for Drunken Driving," Betsey J. Morgan, 26 W.L.J. 267, 295 (1987).

"Liquor by the Book in Kansas: The Ghost of Temperance Past," Kevin Wendell Swain, 35 W.L.J. 322, 331 (1996).

Attorney General's Opinions:

Qualifications for CMB retailer's license; conviction of DUI includes participation in diversion program. 84-21.

Kansas liquor control act; definitions. 85-139.

Cereal malt beverage consumption on county-owned property. 86-142.

Possession, transportation and consumption of alcoholic liquors and cereal malt beverages by vehicle passengers. 86-157.

Cereal malt beverages; off-premise sales. 87-1.

CMB; hours and days of sale. 90-49.

Trading stamp act inapplicable to certain coupons and similar devices; coupons redeemed by retailer. 92-68.

Beer distributors cannot sell cereal malt beverages or furnish equipment to a person holding a license that was not issued on an annual basis or for the calendar year; cities may impose reasonable licensure requirements. 2010-12.

CASE ANNOTATIONS

1. Act construed; refusal by city to consider application for license, remedy. Lindquist v. City of Lindsborg, 165 K. 212, 214, 193 P.2d 180.

2. Contract carrier's employee not employee as subcontractor of malt beverage distributor. Waterbury v. Riss & Company, 169 K. 271, 272, 289, 219 P.2d 673.

3. Any sale not for resale is a "retail sale" or a "sale at retail." Horyna v. Board of County Commissioners, 194 K. 445, 449, 399 P.2d 844.

4. Subsection (e) cited in case holding liquor dealer not prohibited from storage of beer under conditions of controlled refrigeration. Willcott v. Murphy, 204 K. 640, 641, 465 P.2d 959.

5. No pre-emptive clause in act; control of cereal malt beverage consumption is not exclusively reserved by the state. City of Lyons v. Suttle, 209 K. 735, 738, 739, 740, 498 P.2d 9.

6. Referred to; city ordinance regulating private clubs not in conflict with state law; valid. Garten Enterprises, Inc. v. City of Kansas City, 219 K. 620, 623, 549 P.2d 864.


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