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COVID-19 Information for Kansas Law ​Enforcement

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COVID-19

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Alcohol Sales During COVID-19 Event  UPDATED: April 23, 2020

On April 23, 2020, the Governor issued Executive Order No. 20-27, temporarily suspending certain rules relating to the sale of alcoholic beverages. The order expires May 31, 2020 or when the Governor’s Emergency Proclamation expires whichever is earlier.
Key Takeaways

1. Any alcohol allowed to be sold and delivered under the provisions of the Executive Order or the ABC Memorandum must be opened and resealed by the licensee and also sealed in a transparent tamperproof bag.
2. The Order or the Memorandum do not allow delivery of alcohol. Both only allow for curbside service for takeout as described in the memorandum.
3. Any statutory restriction not directly mentioned or exempted in the Order is still in place. For example, maximum drink container sizes, etc.
4. Nothing in the Order exempts the laws about public consumption or transporting open containers in a vehicle.

The pertinent parts of the Governor’s Executive Order states:
NOW, THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, including the authority granted me by K.S.A. 48-924 and K.S.A. 48-925, in order to slow the spread of COVID-19 I hereby direct and order the following:

1. Subject to the requirements set forth herein, the provisions of K.S.A. 41-2653 are suspended to the extent such provisions require alcoholic beverages to be consumed on-premises and require the liquor to be sold in its original container, thereby allowing the sale of alcoholic beverages for carryout consumption and permitting the sale of liquor in a container that is not the original container for any establishment holding a class A club license, a class B club license, or drinking establishment license.
2. The sale of alcoholic beverages for carryout consumption is subject to the following requirements:
   a. It must be legal for the establishment (the licensee) to sell alcoholic liquor;
   b. Each container of alcoholic liquor must have been purchased on the licensed premises;
   c. The licensee or the licensee’s employee must provide the patron with a dated receipt for the unfinished container or containers of alcoholic liquor; and
   d. Before the container of alcoholic liquor is removed from the licensed premises, the licensee or the licensee’s employee must place the container in a transparent bag which is sealed in a manner that makes it visibly apparent if the bag is subsequently tampered with or opened.
3. This order is limited to permitting the sale of alcoholic beverages for carryout consumption and permitting the sale of liquor in a container that is not the original container and does not otherwise modify, rescind, or extend the other provisions of K.S.A. 41-2653.

Clarification of terms.

•  "Alcoholic liquor" means alcohol, alcoholic candy, 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, but shall not include cereal malt beverage. [Subsection (a) of K.S.A. 41-2601, referring to subsection (c) of K.S.A. 41-102].
• Cereal malt beverage is defined in the CMB Act as having not more than 3.2 percent alcohol by weight produced by fermentation and not by distillation.

The Following Information Was Released By ABC on April 13.
The guidance in this ABC memorandum linked below is still proper guidance except the limitations to beer and wine in paragraph 3 do not apply under the Executive Order.

The Department of Revenue, Alcohol Beverage Control has issued a memorandum to licensees explaining the limits of a temporary policy on the sale of alcoholic liquor delivered curbside at the point of sale. Download the memo at this link.
The temporary policy in item #3 of the Department of Revenue, Alcohol Beverage Control memorandum refers to a change in law made in 2006 which allows a partial container of alcoholic liquor to be removed from the premises by the purchaser if the container is resealed by the seller and placed in a transparent tamper-proof bag. See the statute, KSA 41-2653 at this link for further requirements. The temporary rule allows the seller to use this method to include an alcoholic liquor purchase that is picked up curbside at the location of the licensed business. It DOES NOT allow delivery to another location nor does it alter any other statutory requirement or limitations to the sale or distribution of alcoholic liquor.

​Ed Klumpp
Legislative Liaison
eklumpp@cox.net

REPORTING VIOLATIONS TO ABC

• ABC-60 Law Enforcement Notification
  Use this form to report liquor violations by licensees. The top part of the form must be given to licensed business at time of violation (KSA 41-106) and the bottom half is sent to the ABC. 
• ABC-61 BYOB Report    
  This report is used to provide information to ABC on problems with the BYOB activities on licensee's premises.
• Report violations electronically at this link:
  https://www.kdor.ks.gov/apps/LiquorLicensee/ABCLEOInfo.aspx 
  You will need your agency ORI to use this site.
  You must leave written notice with the licensee at the time of violation.
  This site also contains other liquor control information for law enforcement officers. (KSA 41-106)

ABC Guides to Various Types of Licensees
These guides will be helpful to law enforcement in understanding common requirements of various licensees.

ABC-899 Liquor Licensee Information Brochure

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Address:
PO Box 2163
Hutchinson, KS 67504-2163

Phone:  
(620) 899-4122

Email:
ksacp@ksacp.org ​ 

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