Kansas Administrative Regulations

Regulation Number:14-11-22
Agency Title: KANSAS DEPARTMENT OF REVENUE -- DIVISION OF A.B.C.
Article Title: Farm Wineries
Tax Type:Intoxicating Liquors and Beverages
Brief Description:Special order shipping; license requirements.
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14-11-22. Special order shipping; license requirements.
(a) Each owner or operator of a winery located either within this state or in another state wishing to ship wine directly to consumers in Kansas shall first obtain a special order shipping license from the secretary.
(b) Each application for a special order shipping license shall be submitted upon a form prescribed by the director, contain all information that the director deems necessary, and include the following:
(1) A copy of the winery’s federal basic wine manufacturing permit;
(2) the appropriate license and registration fees; and
(3) a bond, pursuant to K.S.A. 41-317(b) and amendments thereto.
(c) The application of any winery may be rejected by the director for any of the following reasons:
(1) The application does not include all information that the director deems necessary.
(2) The application does not include a copy of the winery’s federal basic wine manufacturing permit.
(3) The application does not include the appropriate license and registration fees.
(4) The application does not include the required bond.
(5) The applicant or its owners, officers, agents, or managers have violated a provision of the liquor control act or these regulations relating to special order shipping.
(6) The applicant or its owners, officers, agents, or managers are currently delinquent in payment of any gallonage tax, enforcement tax, or any fees or fines to the state of Kansas.
(7) The applicant or its owners, officers, agents, 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, enforcement tax, or any fees or fines to the state of Kansas.
(8) The applicant has had a liquor license revoked for cause in Kansas or another state.
(9) The applicant or its owners, officers, agents, or managers are currently delinquent in payment of any tax, fees, or fines to any state or to the United States.
(d) The special order shipping license shall be valid for two years from the date of issuance. The owner or operator of a winery wishing to renew its special order shipping license shall submit its renewal application to the department at least 30 days before the expiration of its current license. (Authorized by and implementing K.S.A. 2009 Supp. 41-350, as amended by L. 2010, ch. 142, sec.10; effective Nov. 29, 2010.)