Kansas Administrative Regulations

Regulation Number:14-13-2
Agency Title: KANSAS DEPARTMENT OF REVENUE -- DIVISION OF A.B.C.
Article Title: Retail Liquor Dealer
Tax Type:Intoxicating Liquors and Beverages
Brief Description:Application for retail liquor license, contents, conditions and
restrictions on issuance of license.
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14-13-2. Application for retail liquor license; requirements, conditions, and restrictions on issuance of license. (a) A retailer’s license shall be issued by the director to each applicant who is determined by the director to have satisfied the requirements of the liquor control act.
(b) Each application for a retailer’s license shall be submitted on forms prescribed by the director and include all of the following:
(1) A copy of any partnership agreement, operating agreement of a limited liability company, declaration of trust, or other documents setting forth the aims and purposes of the trust, if applicable;
(2) a copy of a written lease or proof of ownership of the premises to be licensed;
(3) a certified statement from the applicant that the licensed premises are located in one of the following areas:
(A) An area where the zoning regulations of the city, township, or county allow the operation of a retail liquor store; or
(B) an area where no zoning regulations have been adopted;
(4) the proper license and registration fees;
(5) a bond, pursuant to K.S.A. 41-317 and amendments thereto;
(6) a diagram of the licensed premises, showing the area or areas in which alcoholic liquor will be stored and sold. Subject to the prior approval of the director, the licensed premises may include either of the following:
(A) Those areas outside the main sales area that are within 100 yards of the main sales area and located upon property that is subject to the applicant’s legal control; or
(B) a detached storage area, located within 100 yards of the main sales area and used exclusively for storage of alcoholic liquor by the retailer; and
(7) all other information necessary to complete the application process.
(c) The application for any retailer’s license may be rejected by the director for any of the following reasons:
(1) The applicant does not provide all the information necessary for completion of the application process.
(2) The applicant does not include the proper license and registration fees.
(3) The applicant does not include the required bond.
(4) The applicant or its owners, officers, resident agent, or managers have violated a provision of the liquor control act or these regulations relating to sales of alcoholic liquor that may have been grounds for license revocation.
(5) The applicant or its owners, officers, resident agent, or managers are currently delinquent in payment of any gallonage tax, liquor enforcement tax, liquor drink tax, license fees or liquor-related fines to the state of Kansas.
(6) The applicant or its owners, officers, resident agent, or managers previously held a license issued under the liquor control act or the club and drinking establishment act, and when that license expired or was surrendered, the licensee was delinquent in payment of any gallonage tax, liquor enforcement tax, liquor drink tax, license fees, or liquor-related fines to the state of Kansas.
(7) The applicant has had a liquor license revoked for cause in Kansas or another state.
(8) The applicant or its owners, officers, resident agent, or managers have been convicted of a crime opposed to decency and morality.
(d) Each person who provides financing to or leases premises to a retailer upon terms that result in that person having a beneficial interest in the retailer’s business shall be deemed to be a partner in the retailer’s business. Each person who provides financing to a retailer shall be deemed to have a beneficial interest in the retailer’s business if the terms for repayment are conditioned on the amount of the retailer’s receipts or profits from the sale of alcoholic liquor. A lessor shall be deemed to have a beneficial interest in a retailer’s business if the lessor receives as rent, in whole or in part, a percentage of the retailer’s receipts or profits from the sale of alcoholic liquor. (Authorized by K.S.A. 41-210; implementing K.S.A. 2011 Supp. 41-310, as amended by L. 2012, ch. 144, sec. 13, K.S.A. 2011 Supp. 41-311, as amended by L. 2012, ch. 144, sec. 14, K.S.A. 2011 Supp. 41-317, as amended by L. 2012, ch. 144, sec. 17; effective May 1, 1988; amended Aug. 6, 1990; amended, T-14-11-9-92, Nov. 9, 1992; amended Dec. 21, 1992; amended Feb. 22, 2013.)