Kan. Admin. Regs. § 14-14-2 - Application for manufacturer's, distributor's, nonbeverage user's, farm winery and microbrewery license; contents, conditions and restrictions on issuance of license
(a) An annual
license shall be issued to each applicant determined by the director to have
satisfied the requirements of the liquor control act and this article of these
regulations.
(b) Each application
for a license shall be made upon forms prepared by the director and shall
contain all information the director deems necessary. Any application which
does not contain the required information may be returned to the applicant
without the application being considered on its merits.
(c) Each applicant shall provide a
description of the licensed premises . The description shall state the location
of the licensed premises , the approximate dimensions of the licensed premises
and shall include enough detail to identify the licensed premises . Each
application for a distributor 's license shall include a description of any
warehouse situated on and constituting a part of the licensed premises.
(1) Subject to the prior approval of the
director , the distributor's licensed premises may include:
(A) More than one structure if no more than
400 meters separate any two structures sought to be licensed by the
distributor ; or
(B) a temporary
storage area used exclusively for storage of alcoholic liquor by the
distributor which may be more than 100 meters from any other part of the
licensed premises.
(2)
The licensed premises shall not include:
(A)
An inside entrance or opening which connects directly with any other place of
business or with a residence; or
(B) any premises which is located within 200
feet of any public or parochial school, college or church, unless the premises
were licensed at the time the school, college or church was established.
(d) For the
purpose of determining qualification for a license under this regulation, any
person who leases premises to any licensee upon terms which result in the
lessor having a beneficial interest in the licensee's business, shall be deemed
to be a partner in the licensee's business. A lessor shall be deemed to have a
beneficial interest in a licensee's business if the lessor receives as rent, in
whole or in part, a percentage of the licensee's gross receipts or profits from
the sale of alcoholic liquor . Percentage rent provisions that exclude alcoholic
liquor sales shall be subject to review and approval by the director.
(e) This regulation shall take
effect on or after October 1, 1988.
Notes
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