Kansas Administrative Regulations

Regulation Number:14-23-1
Agency Title: KANSAS DEPARTMENT OF REVENUE -- DIVISION OF A.B.C.
Article Title: Temporary Permits
Tax Type:Intoxicating Liquors and Beverages
Brief Description:Definitions.
Keywords:


Body:

14-23-1 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 of 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 alcoholic content.
(c) ``Beneficial interest'' means any ownership interest of a person or that person's spouse in a business, corporation, partnership, business 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) ``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.
(e) ``Director'' means the director of the division of alcoholic beverage control of the department of revenue.
(f) ``Distributor'' means those persons licensed by the director, pursuant to K.S.A. 41-306 as amended by L. 1987, Ch. 182, Sec. 14; 41-307 as amended by L. 1987, Ch. 182, Sec. 17; L. 1987, Ch. 182, Sec. 15; and 41-2713 et seq., 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.
(g) ``Event'' means the occasion for which the applicant has received a temporary permit as required in these regulations and at which the applicant may offer for sale, sell and serve alcoholic liquor to the general public.
(h) ``Licensed premises'' means those facilities which have been licensed pursuant to the club and drinking establishment act as a club or a drinking establishment.
(i) ``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) illegal cohabitation;
(9) adultery;
(10) bigamy; or
(11) a crime against nature.
(j) ``Organization'' means any nonprofit charitable organization that conducts charitable activities in the state.
(k) ``Permit Holder'' means a person granted a permit as required in this Article 23 of these regulations.
(l) ``Permitted Premises'' means the area in which alcoholic liquor is to be served pursuant to the temporary permit as described in the application.
(m) ``Person'' means any natural person, corporation, partnership or association.
(n) ``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.
(o) ``Spirits'' means any beverage that contains alcohol obtained by distillation, mixed with water or other substance in solution. The term ``spirits'' includes brandy, rum, whiskey, gin or other spirituous liquors, and liquors when rectified, blended or otherwise mixed with alcohol or other substances.
(p) ``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 those beverages containing added alcohol or spirits or containing sugar added for the purpose of correcting natural deficiencies. (Authorized by K.S.A. 41-2634 as amended by L. 1987, Ch. 182, Sec. 85; implementing K.S.A. 41-2601 as amended by L. 1987, Ch. 182, Sec. 60, L. 1987, Ch. 182, Sec. 91; effective, T-88-22, July 1, 1987; effective May 1, 1988.)