41-102. Definitions.
41-102
41-102. Definitions.As used in this act, unless the context clearly requires otherwise:
(a) "Alcohol" means the product of distillation of any fermentedliquid, whether rectified or diluted, whatever its origin, andincludes synthetic ethyl alcohol but does not include denatured alcoholor wood alcohol.
(b) "Alcoholic liquor" means alcohol, spirits, wine, beer and everyliquid or solid, patented or not, containing alcohol, spirits, wine orbeer and capable of being consumed as a beverage by a human being, butshall not include any cereal malt beverage.
(c) "Beer" means a beverage, containing more than 3.2% alcohol by weight,obtained by alcoholicfermentation of an infusion or concoction of barley, or other grain,malt and hops in water and includes beer, ale, stout, lager beer, porterand similar beverages having such alcoholic content.
(d) "Caterer" has the meaning provided by K.S.A. 41-2601, andamendments thereto.
(e) "Cereal malt beverage" has the meaning provided by K.S.A. 41-2701,and amendments thereto.
(f) "Club" has the meaning provided by K.S.A. 41-2601, andamendments thereto.
(g) "Director" means the director of alcoholic beverage control ofthe department of revenue.
(h) "Distributor" means the person importing or causing to beimported into the state, or purchasing or causing to be purchased withinthe state, alcoholic liquor for sale or resale to retailers licensedunder this act or cereal malt beverage for sale or resale to retailerslicensed under K.S.A. 41-2702, and amendments thereto.
(i) "Domestic beer" means beer which contains not more than 8% alcoholby weight and which is manufactured in this state.
(j) "Domestic fortified wine" means wine which contains more than 14%, butnot more than 20% alcohol by volume and which is manufactured in this statewithout rectification.
(k) "Domestic table wine" means wine which contains notmore than 14% alcohol by volume and which is manufactured without rectificationor fortification in this state.
(l) "Drinking establishment" has the meaning provided byK.S.A. 41-2601, and amendments thereto.
(m) "Farm winery" means a winery licensed by the directorto manufacture, store and sell domestic table wine and domestic fortified wine.
(n) "Manufacture" means to distill, rectify, ferment, brew,make, mix, concoct, process, blend, bottle or fill an original package with anyalcoholic liquor, beer or cereal malt beverage.
(o) (1) "Manufacturer" means every brewer, fermenter, distiller, rectifier,wine maker, blender, processor, bottler or person who fills or refills anoriginal package and others engaged in brewing, fermenting, distilling,rectifying or bottling alcoholic liquor, beer or cereal malt beverage.
(2) "Manufacturer" does not include a microbrewery or a farm winery.
(p) "Microbrewery" means a brewery licensed by the directorto manufacture, store and sell domestic beer.
(q) "Minor" means any person under 21 years of age.
(r) "Nonbeverage user" means any manufacturer of any of theproducts set forth and described in K.S.A. 41-501, and amendmentsthereto, when the products contain alcohol or wine, and all laboratories usingalcohol for nonbeverage purposes.
(s) "Original package" means any bottle, flask, jug, can,cask, barrel, keg, hogshead or other receptacle or container whatsoever, used,corked or capped, sealed and labeled by the manufacturer of alcoholic liquor,to contain and to convey any alcoholic liquor. Original container does notinclude a sleeve.
(t) "Person" means any natural person, corporation,partnership, trust or association.
(u) "Primary American source of supply" means themanufacturer, the owner of alcoholic liquor at the time it becomes a marketableproduct orthe manufacturer's or owner's exclusive agent who, if the alcoholicliquor cannot be secured directly from such manufacturer or owner byAmerican wholesalers, is the source closest to such manufacturer orowner in the channel of commerce from which the product can be securedby American wholesalers.
(v) (1) "Retailer" means a person who sells at retail, oroffers for sale at retail, alcoholic liquors.
(2) "Retailer" does not include a microbrewery or a farm winery.
(w) "Sale" means any transfer, exchange or barter in anymanner or by any means whatsoever for a consideration and includes all salesmade by any person, whether principal, proprietor, agent, servant or employee.
(x) "Salesperson" means any natural person who:
(1) Procures or seeks to procure an order, bargain, contract oragreement for the sale of alcoholic liquor or cereal malt beverage; or
(2) is engaged in promoting the sale of alcoholic liquor or cereal maltbeverage, or in promoting the business of any person, firm or corporationengaged in the manufacturing and selling of alcoholic liquor or cereal maltbeverage, whether the seller resides within the state of Kansas and sells tolicensed buyers within the state of Kansas, or whether the seller resideswithout the state of Kansas and sells to licensed buyers within the state ofKansas.
(y) "Secretary" means the secretary of revenue.
(z) (1) "Sell at retail" and "sale at retail" refer to and meansales for use or consumption and not for resale in any form and sales toclubs, licensed drinking establishments, licensed caterersor holders of temporary permits.
(2) "Sell at retail" and "sale at retail" do not refer to or meansales by a distributor, a microbrewery, a farm winery, a licensed club,a licensed drinking establishment, a licensed caterer or a holder of atemporary permit.
(aa) "To sell" includes to solicit or receive an order for,to keep or expose for sale and to keep with intent to sell.
(bb) "Sleeve" means a package of two or more 50-milliliter(3.2-fluid-ounce) containers of spirits.
(cc) "Spirits" means any beverage which contains alcoholobtained by distillation,mixed with water or other substance in solution, and includesbrandy, rum, whiskey, gin or other spirituous liquors, and such liquorswhen rectified, blended or otherwise mixed with alcohol or other substances.
(dd) "Supplier" means a manufacturer of alcoholic liquoror cereal malt beverage or an agent of such manufacturer, other than asalesperson.
(ee) "Temporary permit" has the meaning provided by K.S.A.41-2601, and amendments thereto.
(ff) "Wine" means any alcoholic beverage obtained by the normal alcoholicfermentation of the juice of sound, ripe grapes, fruits, berries or otheragricultural products, including such beverages containing added alcohol orspirits or containing sugar added for the purpose of correcting naturaldeficiencies.
History: L. 1949, ch. 242, § 2;L. 1953, ch. 238, § 1;L. 1965, ch. 314, § 1;L. 1972, ch. 342, § 56;L. 1978, ch. 185, § 1;L. 1979, ch. 152, § 1;L. 1983, ch. 161, § 1;L. 1985, ch. 168, § 1;L. 1987, ch. 182, § 1;L. 1987, ch. 182; § 2;L. 1992, ch. 201, § 1;L. 1993, ch. 234, § 1;L. 1998, ch. 191, § 1;L. 2008, ch. 126, § 4; July 1.