Kansas Administrative Regulations

Regulation Number:14-13-1
Agency Title: KANSAS DEPARTMENT OF REVENUE -- DIVISION OF A.B.C.
Article Title: Retail Liquor Dealer
Tax Type:Intoxicating Liquors and Beverages
Brief Description:Definitions.
Keywords:
Approval Date:07/01/2012


Body:

14-13-1. Definitions. As used in this article, unless the context clearly requires otherwise, the following terms shall have the meanings specified in this regulation:
(a) ‘‘Adjacent premises’’ means an enclosed permanent structure that is contiguous to the licensed premises and may be located in front of, beside, behind, below, or above the licensed premises. Adjacent premises shall be under the direct or indirect control of the retailer. This term shall not include empty lots, parking lots, temporary structures, or enclosed structures not contiguous to the licensed premises.
(b) ‘‘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.
(c) ‘‘Bulk wine’’ means wine that is sold to a club either by a retailer or a distributor in barrels, casks, or bulk containers that individually exceed 20 liters.
(d) ‘‘Church’’ means a building that is owned or leased by a religious organization and is used exclusively as a place for religious worship and other activities ordinarily conducted by a religious organization.
(e) ‘‘Crime opposed to decency and morality’’ means a crime involving any of the following:
(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.
(f) ‘‘Licensed premises’’ means those areas described in an application for a retailer’s license that are under the control of the applicant and are intended as the area in which alcoholic liquor is to be sold for consumption off the licensed premises or stored for later sale.
(g) ‘‘Manager’’ means a person with the status, duties, and authority to have control over the licensee’s business operation, finances, or disbursement of business funds including any of the following:
(1) The authority to make decisions concerning the day-to-day operations of the business;
(2) the authority to hire or fire employees;
(3) the authority to sign business checks;
(4) the authority to direct payment of business funds; or
(5) supervision of those employees responsible for any of these duties.
(h) ‘‘Mixer’’ means any liquid capable of being consumed by a human being that may be combined with alcoholic liquor for consumption.
(i) ‘‘Tasting event’’ means any time during which a retailer or supplier is serving free samples of alcoholic liquor on the retailer’s licensed premises or at adjacent premises monitored and regulated by the director. (Authorized by K.S.A. 41-210; implementing K.S.A. 2011 Supp. 41-102, as amended by L. 2012, ch. 144, sec. 4; effective May 1, 1988; amended Aug. 6, 1990; amended, T-14-11-9-92, Nov. 9, 1992; amended Dec. 21, 1992; amended, T-14-6-28-12, July 1, 2012; amended, T-14-10-25-12, Oct. 29, 2012; amended Feb. 22, 2013.)