Kan. Admin. Regs. § 14-20-14 - 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
or 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) "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.
(d) "Bulk wine " means wine which is sold to a
club either by a retailer or a distributor in barrels, casks or bulk containers
which individually exceed 20 liters.
(e) "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.
(f)
"Director " means the director of the division of alcoholic beverage control of
the department of revenue.
(g)
"Distributor " means those persons licensed by the director , pursuant to K.S.A.
1991 Supp.
41-306,
41-306a and
41-307, to sell or offer for sale
alcoholic liquor , spirits , wine , beer or cereal malt beverage to any person
authorized by law to sell alcoholic liquor , spirits , wine , beer or cereal malt
beverage at retail.
(h) "Guest of
member " means an individual who is known to and personally accompanied by a
member of a club while on the licensed premises of the club. "Guest of member "
shall not include members of the general public admitted to licensed club
premises as guests of the club's owner, manager or employee.
(i) "Food service establishment " has the
meaning provided by
K.S.A.
36-501 and amendments thereto.
(j) "Licensed premises " means those areas
described in an application for a club license that are under the control of
the applicant and that are intended as the area in which alcoholic liquor or
cereal malt beverages are to be served pursuant to the applicant's license.
(k) "Manager " means the manager or
assistant manger, or both, of any licensed club who is in charge of the daily
operations of the licensed club. A manager shall be deemed to be employed in
connection with the dispensing, selling, mixing or serving of alcoholic liquor .
(l) "Member " means any individual
who has been accepted into membership by a licensed class B club, as provided
in the club's organizing documents, and that individual's spouse.
(m) "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.
(n) "Person " means any natural person ,
corporation, association, trust or partnership.
(o) "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 .
(p) "Restaurant " means:
(1) In the case of a club, a licensed food
service establishment which, as determined by the director , derives from sales
of food for consumption on the licensed club premises not less than 50% of its
gross receipts from all sales of food and beverages on such premises in a
12-month period;
(2) in the case
of a drinking establishment subject to a food sales requirement under K.S.A.
1991 Supp.
41-2642 and amendments thereto, a
licensed food service establishment which, as determined by the director ,
derives from sales of food for consumption on the licensed drinking
establishment premises not less than 30% of its gross receipts from all sales
of food and beverages on such premises in a 12-month period; and
(3) in the case of a drinking establishment
subject to no food sales requirement under K.S.A. 1991 Supp.
41-2642 and amendments thereto, a
licensed food service establishment .
(q) "Spirits " means any beverage that
contains alcohol obtained by distillation, mixed with water or other substances
in solution. The term "spirits " includes brandy, rum, whisky, gin or other
spirituous liquors, and liquors when rectified, blended or otherwise mixed with
alcohol or other substances.
(r)
"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 similar beverages containing added alcohol or
spirits or containing sugar added for the purpose of correcting natural
deficiencies.
Notes
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