Kansas Administrative Regulations

Regulation Number:14-20-14
Agency Title: KANSAS DEPARTMENT OF REVENUE -- DIVISION OF A.B.C.
Article Title: Class B Clubs
Tax Type:Alcoholic Beverage Control; Intoxicating Liquors and Beverages
Brief Description:Definitions.
Keywords:
Approval Date:06/22/2000


Body:

14-20-14 Definitions. As used in this article of these regulations, unless the context clearly requires otherwise, the following words and phrases shall have the meanings ascribed to them in this regulation:
(a) ``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. Alcoholic liquor shall not include any cereal malt beverage.
(b) ``Beer'' means a beverage containing more than 3.2% alcohol by weight, obtained by alcoholic fermentation or an infusion or concoction of barley or other grain, malt and hops in water. The term beer includes beer, ale, stout, lager beer, porter and similar beverages having such an alcoholic content.
(c) ``Beneficial interest'' means any ownership interest by a person or that person's spouse in a business, corporation, partnership, trust, association or other form of business organization which exceeds 5% of the outstanding shares of that corporation or a similar holding in any other form of business organization.
(d) ``Bulk wine'' means wine which is sold to a club either by a retailer or a distributor in barrels, casks or bulk containers which individually exceed 20 liters.
(e) ``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 liquor which is more than 3.2% alcohol by weight.
(f) ``Director'' means the director of the division of alcoholic beverage control of the department of revenue.
(g) ``Distributor'' means those persons licensed by the director, pursuant to K.S.A. 1991 Supp. 41-
306, 41-306a and 41-307, to sell or offer for sale alcoholic liquor, spirits, wine, beer or cereal malt beverage to any person authorized by law to sell alcoholic liquor, spirits, wine, beer or cereal malt beverage at retail.
Class B Clubs
(h) ``Guest of member'' means an individual who is known to and personally accompanied by a member of a club while on the licensed premises of the club. ``Guest of member'' shall not include members of the general public admitted to licensed club premises as guests of the club's owner, manager or employee.
(i) ``Food service establishment'' has the meaning provided by K.S.A. 36-501 and amendments thereto.
(j) ``Licensed premises'' means those areas described in an application for a club license that are under the control of the applicant and that are intended as the area in which alcoholic liquor or cereal malt beverages are to be served pursuant to the applicant's license.
(k) ``Manager'' means the manager or assistant manger, or both, of any licensed club who is in charge of the daily operations of the licensed club. A manager shall be deemed to be employed in connection with the dispensing, selling, mixing or serving of alcoholic liquor.
(l) ``Member'' means any individual who has been accepted into membership by a licensed class B club, as provided in the club's organizing documents, and that individual's spouse.
(m) ``Morals Charge'' means a charge made in an indictment, information or a complaint alleging crimes which involve:
(1) prostitution;
(2) procuring any person;
(3) solicitation of a child under 18 years of age for any immoral act involving sex;
(4) possession or sale of narcotics, marijuana, amphetamines or barbiturates;
(5) rape;
(6) incest;
(7) gambling;
(8) adultery; or
(9) bigamy.
(n) ``Person'' means any natural person, corporation, association, trust or partnership.
(o) ``Retailer'' means a person licensed by the director to sell at retail, or offer for sale at retail, alcoholic liquor for consumption off the licensed premises of the retailer.
(p) ``Restaurant'' means:
(1) In the case of a club, a licensed food service establishment which, as determined by the director, 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. 1991 Supp. 41-2642 and amendments thereto, a licensed food service establishment which, as determined by the director, 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. 1991 Supp. 41-2642 and amendments thereto, a licensed food service establishment.
(q) ``Spirits'' means any beverage that contains alcohol obtained by distillation, mixed with water or other substances in solution. The term ``spirits'' includes brandy, rum, whisky, gin or other spirituous liquors, and liquors when rectified, blended or otherwise mixed with alcohol or other substances.
(r) ``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 similar beverages containing added alcohol or spirits or containing sugar added for the purpose of correcting natural deficiencies. (Authorized by K.S.A. 1991 Supp. 41-2634; implementing K.S.A. 1991 Supp. 41-
2601; effective, T-88-22, July 1, 1987; effective May 1, 1988; amended Aug. 6, 1990; amended, T-14-11-9-92, Nov. 9, 1992; amended Dec. 21, 1992.)