Kansas Administrative Regulations

Regulation Number:14-13-9
Agency Title: KANSAS DEPARTMENT OF REVENUE -- DIVISION OF A.B.C.
Article Title: Retail Liquor Dealer
Tax Type:Intoxicating Liquors and Beverages
Brief Description:Transactions prohibited; deliveries by retailer for sale or resale off licensed premises.
Keywords:
Approval Date:11/21/2003


Body:

14-13-9. Transactions prohibited; deliveries by retailer for sale or resale off licensed premises. (a) Any retailer may sell and deliver alcoholic liquor to a club, drinking establishment, public venue, or caterer if all of the following conditions are met:
(1) All deliveries of alcoholic liquor are made to the licensed premises of a club, public venue, or drinking establishment and to the principal place of business of a caterer.
(2) All deliveries are made by an employee of the retailer.
(3) The retailer provides a sales slip or numbered invoice, purchase order, or sales ticket for each item delivered as required by K.A.R. 14-13-10.
(4) The retailer receives payment for all deliveries before or at the time of the deliveries.
(5) The retailer has first obtained a federal wholesale basic permit and displays a sign on the licensed premises stating that the retailer is a ‘‘Wholesale Liquor Dealer Under Federal Law.’’
(6) All deliveries of alcoholic liquor are made on those days and during those hours that a retailer may sell alcoholic liquor pursuant to K.S.A. 41-712, and amendments thereto.
(7) All deliveries originate from the licensed premises of the retailer.
(b) Any retailer may sell alcoholic liquor to a temporary permit holder if all of the following conditions are met:
(1) Sales are made only upon the licensed premises of the retailer.
(2) No deliveries are made to a temporary permit holder.
(3) The retailer provides a sales slip or numbered invoice, purchase order, or sales ticket as required by K.A.R. 14-13-10.
(c) No retailer shall sell or deliver any alcoholic liquor to any person with knowledge of, or with reasonable cause to believe, that the person to whom the liquor is sold or delivered has acquired the alcoholic liquor for the purpose of peddling or reselling the alcoholic liquor in violation of this article, the Kansas liquor control act, or the club and drinking establishment act.
(d) All alcoholic liquor of a retail licensee shall be stored upon the licensed premises of the licensee. Alcoholic liquor shall not be stored upon the licensed premises after the sale. (Authorized by K.S.A. 41-210; implementing K.S.A. 41-210, K.S.A. 41-308, as amended by L. 2012, ch. 144, sec. 10, and K.S.A. 41-717, as amended by L. 2012, ch. 144, sec. 26; effective May 1, 1988; amended Aug. 6, 1990; amended July 1, 1991; amended Nov. 21, 2003; amended Feb. 22, 2013.)