(a)
(1)
"Automated device" shall mean any mechanized device capable of dispensing wine
directly to a customer in exchange for compensation that a licensee has
received directly from the customer.
(2) "Business day" shall mean the hours
authorized by state law during which alcohol can be served on the licensed
premises.
(b) No
licensee shall allow an automated device to be used on its licensed premises
without first providing written or electronic notification to the director of
the licensee's intent to use the automated device. The licensee shall provide
this notification at least 48 hours before any automated device is used on the
licensed premises.
(c) Each
licensee offering customer self-service of wine from any automated device shall
provide constant video monitoring of the automated device at all times during
which the licensee is open to the public. The licensee shall keep recorded
footage from the video monitoring for at least 60 days and shall provide the
footage, upon request, to any agent of the director or other authorized law
enforcement agent.
(d) The
compensation required by subsection (a) shall be in the form of a programmable,
prepaid access card containing a fixed amount of monetary credit that may be
directly exchanged for
wine dispensed from the automated device. Access cards
may be sold, used, or reactivated only during a business day.
Each access card shall be purchased from the licensee by a
customer. A licensee shall not issue more than one active access card to a
customer. For purposes of this regulation, an access card shall be deemed
"active" if the access card contains monetary credit or has not yet been used
to dispense 15 ounces of wine.
Each purchase of an access card under this regulation shall be
subject to the liquor drink tax imposed by
K.S.A.
79-41a02, and amendments
thereto.
(e) In order to
obtain a prepaid access card from a licensee, each customer shall produce a
valid driver's license, identification card, or other government-issued
document that contains a photograph of the individual and demonstrates that the
individual is at least 21 years of age. Each access card shall be programmed to
require the production of the customer's valid identification before the access
card can be used for the first time during any business day or for any
subsequent reactivation as provided in subsection (f). Each access card shall
become inactive at the end of each business day.
(f) Each access card shall be programmed to
allow the dispensing of no more than 15 ounces of
wine to a customer. Once an
access card has been used to dispense 15 ounces of
wine to a customer, the
access card shall become inactive. Any customer in possession of an inactive
access card may, upon production of the customer's valid identification to the
licensee or licensee's employee, have the access card reactivated to allow the
dispensing of an additional 15 ounces of
wine from an automated device.
This subsection shall not apply to wine dispensed by an
automated device if the wine is dispensed directly to the licensee or the
licensee's agent or employee.
Notes
Kan. Admin. Regs. §
14-19-40
Authorized by
K.S.A. 2014 Supp.
41-2640, as amended by 2015 HB
2223, sec. 5; implementing K.S.A. 2014 Supp.
41-2640, as amended by 2015 HB
2223, sec. 5, and K.S.A. 2014 Supp.
79-41a02; effective, T-14-7-1-15,
July 1, 2015; adopted by
Kansas
Register Volume 34, No. 39; effective
10/9/2015.
