41-2642. Drinking establishment license; rights of licensee; hotel minibars; storing customer wine. - Kansas Statutes

41-2642

Chapter 41.--INTOXICATING LIQUORS AND BEVERAGES Article 26.--LICENSURE AND REGULATION OF SALE OF LIQUOR BY THE DRINK

      41-2642.   Drinking establishment license; rights oflicensee; hotel minibars; storing customer wine.(a) A license for a drinking establishment shall allow thelicensee to offer for sale, sell and serve alcoholic liquorfor consumption on the licensed premises which may be open to thepublic, but only if such premises arelocated in a county where the qualified electors of the county:

      (1) (A)   Approved, by a majority vote of those voting thereon, theproposition toamend section 10 of article 15 of the constitution of the state of Kansasat the general election in November 1986, or (B) have approved aproposition to allow sales of alcoholic liquor by the individual drink inpublic places within the county at an election pursuant to K.S.A.41-2646 and amendments thereto; and

      (2)   have not approved a proposition to prohibit such sales of alcoholicliquor in such places at a subsequent election pursuant to K.S.A.41-2646 and amendments thereto.

      (b)   A drinking establishment shall be required to derive from sales offood for consumption on the licensed premises not less than 30% of all theestablishment's gross receipts from sales of food and beverages on suchpremises unlessthe licensed premises are located in a county where the qualified electors ofthe county:

      (1)   Have approved, at an election pursuant to K.S.A. 41-2646 andamendments thereto, apropositionto allow sales of alcoholic liquor by the individual drink in public placeswithin the county without a requirement that any portion of their grossreceipts be derived from the sale of food; and

      (2)   have not approved a proposition to prohibit such sales of alcoholicliquor in such places at a subsequent election pursuant to K.S.A.41-2646 and amendments thereto.

      (c)   A drinking establishment shall specify in the application for alicense or renewal of a license the premises to be licensed, which mayinclude all premises which are in close proximity and are under the controlof the applicant or licensee.

      (d)   Notwithstanding any other provision of law to the contrary, any hotelof which the entire premises are licensed as a drinking establishment or as adrinking establishment/caterer may sell alcoholic liquor or cereal maltbeverage by means of minibars located in guest rooms of such hotel, subject tothe following:

      (1)   The key, magnetic card or other device required to attain access to aminibar in a guest room shall be provided only to guests who are registered tostay in such room and who are 21 or more years of age;

      (2)   containers or packages of spirits or wine sold by means of a minibarshall hold not less than 50 nor more than 200 milliliters; and

      (3)   a minibar shall be restocked with alcoholic liquor or cereal maltbeverage only during hours when the hotel is permitted to sell alcoholic liquorand cereal malt beverage as a drinking establishment.

      (e)   A drinking establishment may store on its premises wine sold to acustomer forconsumption at a later date on its premises in the unopened container.Such wine must be kept separate from all other alcohol stock and in a securelocked area separated by customer.Suchwine shall not be removed from the licensed premises in its unopenedcondition.

      History:   L. 1987, ch. 182, § 88;L. 1995, ch. 266, § 4;L. 2009, ch. 114, § 6; July 1.