Kansas Administrative Regulations

Regulation Number:14-22-6
Agency Title: KANSAS DEPARTMENT OF REVENUE -- DIVISION OF A.B.C.
Article Title: Caterer
Tax Type:Intoxicating Liquors and Beverages
Brief Description:Events; filings; notice; food sales required.
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Body:

14-22-6 Events; filings; notice; food sales required. (a) Each caterer, under this article, may offer for sale, sell and serve alcoholic liquor for consumption at an event.
(b) Each caterer shall notify the director not less than 10 days in advance of each event at which the caterer will sell alcoholic liquor by the individual drink.
(c) For each event to be catered in an incorporated city, the caterer shall file with the law enforcement agency for the city in which the event will be held, a notice that an event will be held. The notice shall contain that information required by subsection (e).
(d) For each event to be catered outside an incorporated city, the caterer shall file with the sheriff of the county in which the event will be held, a notice that an event will be held. The notice shall contain that information required by subsection (e).
(e) Each notice required by subsections (c) or (d) shall contain:
(1) a copy of the catering contract, in force or proposed, with the sponsor of an event, if applicable;
(2) a clear description of the event premises which shall be in enough detail that the event premises are identifiable;
(3) disclosure of all personnel who will be mixing or dispensing alcoholic liquor at the event; and
(4) a statement of the dates the event will be conducted and the hours of operation on each date.
(f) The licensee shall prominently display at each event, upon a poster or other device located at the entrance to the event premises:
(1) the caterer's name;
(2) the caterer's license;
(3) the name of the sponsor; and
(4) a copy of the notice required by subsections (c) or (d).
(g) A caterer shall not:
(1) conduct an event upon licensed premises unless the caterer also holds the license for the licensed premises;
(2) conduct an event for longer than seven days, unless the director first approves the longer duration;
(3) deny access to an event to any law enforcement officer;
(4) operate an event between the hours of 2:00 A.M. and 6:00 A.M.; or
(5) sell cereal malt beverage or non-alcoholic malt beverages at an event.
(h) For each event, the caterer shall keep records for three years which:
(1) demonstrate the ratio of food sales to alcoholic beverage sales is not less than 30% in a 12 month period. This shall not apply to events conducted in a county which has eliminated this requirement;
(2) demonstrate that all excise taxes have been paid; and
(3) demonstrate that all sales taxes have been paid. (Authorized by K.S.A. 41-2634, 79-3618, 79-
41a03; implementing K.S.A. 1989 Supp. 41-2613, K.S.A. 1989 Supp. 41-2614, 41-2634, K.S.A. 79-
3609, and K.S.A. 79-41a07 as amended by L. 1990, Ch. 179, Sec. 7; effective, T-88-22, July 1, 1987; effective May 1, 1988; amended July 1, 1990; amended July 1, 1991.)