Kan. Admin. Regs. § 14-14-1 - Definitions
As used in this article of these regulations, unless the context clearly requires otherwise, the following words and phrases shall have the meanings ascribed to them in this regulation:
(a) "Alcoholic liquor" means alcohol,
spirits, wine, beer and every liquid or solid, patented or not, containing
alcohol, spirits, wine or beer and capable of being consumed as a beverage by a
human being. Alcoholic liquor shall not include any cereal malt beverage.
(b) "Beer" means a beverage,
containing more than 3.2% alcohol by weight, obtained by alcoholic fermentation
of an infusion or concoction of barley or other grain, malt and hops in water.
The term beer includes beer, ale, stout, lager beer, porter and similar
beverages having such an alcoholic content.
(c) "Beer distributor" means any person
licensed pursuant to K.S.A. 1991 Supp.
41-307 to sell or offer for sale
beer or cereal malt beverage to any person authorized by law to sell beer or
cereal malt beverage at retail.
(d) "Beneficial interest" means any ownership
interest by a person or that person's spouse in a business, corporation,
partnership, trust, association or other form of business organization which
exceeds 5% of the outstanding shares of that corporation or a similar holding
in any other form of business organization.
(e) "Bona fide group of grape growers and
wine makers" means any group that is an incorporated, non-profit organization
of commercial grape growers or wine makers who are organized for the purpose of
promoting grape growing and wine making within the state of Kansas.
(f) "Bulk wine" means wine that is sold to a
club, either by a retailer or a distributor, in barrels, casks or bulk
containers which individually exceed 20 liters.
(g) "Caterer" means a person licensed
pursuant to Article 22 of these regulations.
(h) "Cereal malt beverage" means any
fermented but undistilled liquor brewed or made from malt or from a mixture of
malt or malt substitute, but does not include any liquor which is more than
3.2% alcohol by weight.
(i) "Club"
means the premises or person licensed pursuant to Articles 19 or 20 of these
regulations.
(j) "Director" means
the director of the division of alcoholic beverage control of the department of
revenue.
(k) "Distributor" means
any person licensed by the director as a "beer distributor," "spirits
distributor" or "wine distributor."
(l) "Drinking establishment" means the
premises or person licensed pursuant to Article 21 of these regulations.
(m) "Licensed premises" means
those areas described in an application for a license which are under the
control of the applicant and in which the applicant will conduct the licensed
business.
(n) "Manufacturer" means
every brewer, fermenter, distiller, rectifier, wine maker, blender, processor,
bottler, person or other entity who fills or refills an original package or is
engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic
liquor, beer or cereal malt beverage. A "manufacturer" shall also mean:
(1) A corporate subsidiary of any
manufacturer which markets alcoholic liquor through a subsidiary; and
(2) an American distributor of
alcoholic liquor manufactured, produced or bottled in a foreign country. A
"manufacturer" shall not include a farm winery or a microbrewery.
(o) "Morals charge" means a charge
made in an indictment, information or a complaint alleging crimes which
involve:
(1) Prostitution;
(2) procuring any person;
(3) solicitation of a child under 18 years of
age for any immoral act involving sex;
(4) possession or sale of narcotics,
marijuana, amphetamines or barbiturates;
(5) rape;
(6) incest;
(7) gambling;
(8) adultery; or
(9) bigamy.
(p) "Person" means any natural person,
corporation, association trust or partnership.
(q) "Retailer" means a person licensed by the
director to sell at retail, or offer for sale at retail, alcoholic liquor for
consumption off the licensed premises of the retailer.
(r) "Small quantities of wines" means those
quantities of wine that a grape grower or wine maker may import into the state
to be used for bona fide educational and scientific tasting programs. A grape
grower or wine maker may import up to 18 liters, or not more than .18 liters
per participant, of each variety of wine manufactured for the Kansas state fair
or any bona fide group of grape growers or wine makers.
(s) "Spirits" means any beverage which
contains alcohol obtained by distillation, mixed with water or other substances
in solution. The term "spirits" includes brandy, rum, whiskey, gin or other
spirituous liquors, and liquors when rectified, blended or otherwise mixed with
alcohol or other substances.
(t)
"Spirits distributor" means any person licensed pursuant to K.S.A. 1991 Supp.
41-306 to sell or offer for sale
spirits to any person authorized by law to sell spirits at retail.
(u) "Supplier" means a manufacturer of
alcoholic liquor or cereal malt beverage or an agent of a manufacturer, other
than a salesperson.
(v) "Wine"
means any alcoholic beverage obtained by the normal alcoholic fermentation of
the juice of sound, ripe grapes, fruits, berries or other agricultural
products, including beverages containing added alcohol or spirits or containing
sugar added for the purpose of correcting natural deficiencies.
(w) "Wine distributor" means any person
licensed pursuant to K.S.A. 1991 Supp.
41-306a, to sell or offer for sale
wine to any person authorized by law to sell wine at retail.
Notes
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