Volume 42 - Issue 43 - October 26, 2023

State of Kansas

Department of Revenue
Division of Alcoholic Beverage Control

Notice of Revocation of Administrative Regulations

The following Kansas Department of Revenue, Division of Alcoholic Beverage Control (“ABC”) administrative rules and regulations have been identified in a five-year regulation review submitted to the Joint Committee on Administrative Rules and Regulations as regulations for revocation pursuant to K.S.A. 77-440 and 77-426. These revocations will be effective 15 days after publication of this notice.

Regulations for Revocation

K.A.R. 14-5-1. Alcoholic liquor (except beer) transported into state or federal area only by bonded carriers. | 14-5-2. Carriers’ permits; application; fees. These regulations, which relate to liquor carrier permits issued by ABC, are unnecessary because ABC no longer issues liquor carrier permits.

K.A.R. 14-5-4. Storage of alcoholic liquor and cereal malt beverage in transit in public liquor warehouses; reports of warehouseman. This regulation, which relates to public bonded liquor warehouses, is unnecessary because Kansas no longer has public bonded liquor warehouses.

K.A.R. 14-5-6. Required delivery of alcoholic liquor to distributor by common carrier. This regulation, which concerns delivery of alcoholic liquor from a common carrier to a licensed distributor or manufacturer, is unnecessary because it duplicates Kansas statute (K.S.A. 41-408).

K.A.R. 14-7-6. Kansas liquor stamps or strips; securing, affixation to original package; who shall affix; placing of stamps or strips. This regulation, which relates to Kansas-issued liquor stamps and strips, is unnecessary because Kansas no longer applies liquor stamps and strips.

K.A.R. 14-11-16. Farm wineries and farm winery outlets selling at retail; marking prices; price or inventory control tags; shelf markings. This regulation, which governs price markings for Kansas farm wineries and farm winery outlets, is unnecessary and not enforced.

K.A.R. 14-16-17. Hearing procedures; prehearing motions. | 14-16-18. Prehearing conference; availability; notice. | 14-16-19. Hearing procedures. These regulations, which provide procedural rules for ABC administrative proceedings, are unnecessary because they duplicate Kansas statute (the Kansas Administrative Procedure Act).

K.A.R. 14-17-5. Acceptance of hospitality by director and employees. This regulation, which forbids offering certain gifts to ABC employees, is unnecessary because of a broader prohibition on gifts in K.A.R. 14-17-6.

K.A.R. 14-19-4a. Liquor pool; storage. This regulation, which relates to club liquor pools, is unnecessary because liquor pools are no longer in use in Kansas.

K.A.R. 14-19-19. Change of club status. This regulation, which forbids “converting” a Class A Club license to a Class B Club or drinking establishment license, is unnecessary and not enforced.

K.A.R. 14-19-31. Clubs charge the same price for the same drink all day; day defined. | 14-20-33. Clubs charge the same price for the same drink all day; day defined. | 14-21-16. Drinking establishments charge the same price for the same drink all day; day defined. | 14-22-17. Caterers charge the same price for the same drink all day; day defined. | 14-23-13. Charge the same price for the same drink all day; day defined. These regulations, which require licensees to sell an individual drink for a single price throughout the day, are now inconsistent with Kansas statute.

K.A.R. 14-19-33. Federal retail stamp. | 14-20-35. Federal retail stamp. | 14-21-18. Federal retail stamp. | 14-22-18. Federal retail stamp. These regulations, which require public display of a federal retail stamp, are unnecessary because federal retail stamps are no longer issued.

K.A.R. 14-19-37. Display of license. | 14-20-39. Display of license. These regulations, which require public display of a liquor license, are unnecessary because they duplicate Kansas statute (K.S.A. 41-2612).

K.A.R. 14-23-2. Applications; documents required. | 14-23-4. Issuance of permit. | 14-23-6. Refund upon voluntary cancellation. | 14-23-7. Employees; prohibitions. | 14-23-8. Purchase of alcoholic liquor; requirements and restrictions. | 14-23-9. Permit holder’s responsibility for conduct at event. | 14-23-10. Removal of liquor from event premises prohibited; boundary requirement. | 14-23-11. Nontaxed liquor; individual bringing alcoholic liquor on to permitted premises. These regulations, which concern temporary permits to sell alcoholic liquor for consumption on unlicensed premises, are unnecessary because they duplicate Kansas statute (K.S.A. 41-1201, 41-1202, 41-1203).

Mark A. Burghart
Secretary
Department of Revenue

Doc. No. 051589