Session of 1997
HOUSE BILL No. 2504
By Committee on Federal and State Affairs
9 AN ACT concerning microbreweries; amending K.S.A. 1996 Supp. 41-
10 308b and repealing the existing section.
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. K.S.A. 1996 Supp. 41-308b is hereby amended to read as
14 follows: 41-308b. (a) A microbrewery license shall allow:
15 (1) The manufacture of not less than 100 nor more than 15,000 bar-
16 rels of domestic beer during the license year and the storage thereof;
17 (2) the sale to beer distributors of beer, manufactured by the licensee;
18 (3) the sale, on the licensed premises in the original unopened con-
19 tainer to consumers for consumption off the licensed premises, of beer
20 manufactured by the licensee;
21 (4) the serving on the premises of samples of beer manufactured by
22 the licensee, if the premises are located in a county where the sale of
23 alcoholic liquor is permitted by law in licensed drinking establishments;
24 (5) the donation of beer manufactured by the licensee to a special
25 event, conducted within or outside this state in accordance with applicable
26 law, if the net proceeds of such event are donated to a charitable organ-
27 ization exempt from the payment of federal income taxes pursuant to
28 section 501(c)(3) of the federal internal revenue code of 1986, as in effect
29 on the effective date of this act;
30 (6) if the licensee is also licensed as a club or drinking establishment,
31 the sale of domestic beer and other alcoholic liquor for consumption on
32 the licensed premises as authorized by the club and drinking establish-
33 ment act; and
(6) (7) if the licensee is also licensed as a caterer, the sale of domestic
35 beer and other alcoholic liquor for consumption on unlicensed premises
36 as authorized by the club and drinking establishment act.
37 (b) Not less than 50% of the products utilized in the manufacture of
38 domestic beer by a microbrewery shall be grown in Kansas except when
39 a greater proportion of products grown outside this state is authorized by
40 the director based upon findings that such products are not available in
41 this state. The label of each container of domestic beer shall clearly set
42 forth the proportion of the products utilized in the manufacture of the
43 beer which was from agricultural products grown in Kansas.
1 (c) A microbrewery may sell domestic beer in the original unopened
2 container to consumers for consumption off the licensed premises at any
3 time between 6 a.m. and 12 midnight on any day except Sunday and
4 between 12 noon and 6 p.m. on Sunday. If authorized by subsection (a),
5 a microbrewery may serve samples of domestic beer and serve and sell
6 domestic beer and other alcoholic liquor for consumption on the licensed
7 premises at any time when a club or drinking establishment is authorized
8 to serve and sell alcoholic liquor.
9 (d) A microbrewery license shall apply only to the premises described
10 in the application and in the license issued and only one location shall be
11 described in the license.
12 (e) No microbrewery shall:
13 (1) Employ any person under the age of 18 years in connection with
14 the manufacture, sale or serving of any alcoholic liquor;
15 (2) permit any employee of the licensee who is under the age of 21
16 years to work on the licensed premises at any time when not under the
17 on-premises supervision of either the licensee or an employee of the
18 licensee who is 21 years of age or over;
19 (3) employ any person under 21 years of age in connection with mix-
20 ing or dispensing alcoholic liquor; or
21 (4) employ any person in connection with the manufacture or sale of
22 alcoholic liquor if the person has been convicted of a felony.
23 (f) Whenever a microbrewery licensee is convicted of a violation of
24 the Kansas liquor control act, the director may revoke the licensee's li-
25 cense and all fees paid for the license in accordance with the Kansas
26 administrative procedure act.
27 Sec. 2. K.S.A. 1996 Supp. 41-308b is hereby repealed.
28 Sec. 3. This act shall take effect and be in force from and after its
29 publication in the statute book.