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  • Monday, March 13, 2023 9:27 AM | Anonymous member (Administrator)

    The Senate Federal and State Affairs Committee held a public hearing on SB 253 Friday, March 10.  The Committee spent most of its meeting on a different bill, leaving only 30 minutes for the hearing on Alcohol Home Delivery.  Committee Chair Mike Thompson allowed ten minutes for proponents and 10 minutes for the opponents, with time also allowed for ABC Director Debbi Beavers to provide neutral testimony.  Link to committee information.

    KABR opposes this bill as proposed by Walmart and a number of third-party delivery platforms, including DoorDash, UberEats, Amazon/WholeFoods, etc.  Our opposition rests primarily on the delivery system envisioning a large role for online/apps owned by technology companies who arrange alcohol delivery with non-employees.  The platforms own and control the data and how many eyes will see the product information posted on behalf of retailers/establishments.  Retailers do not control where the customers are directed by the platform.  Delivery companies are not held to a comparable regulatory standard or penalties.  Pushing alcohol transactions online will also increase the online traffic of illegal/unlicensed alcohol marketing - a format that has already shown a poor public safety performance and increasing illegal/counterfeit activity across the country.  Further, the legislation appears to hold the retailer/drinking establishment partially responsible for the product up to the point of delivery and payment - causing serious concern.  

    See the recorded hearing at this link - fast forward to 11:14 to skip the first bill hearing.  Link to Revisor's bill description.

    See a list of conferees and their testimony below:

    Proponents:  Only O’Neal and Madon spoke in the time allotted.

    Mike O’Neal, Walmart

    Scott Schneider JD, Kansas Restaurant and Hospitality Association

    Alexi Madon, Doordash

    Proponents Written Only:

    Ryan Bissett, Whole Foods Market

    Elizabeth Patton, Americans for Prosperity

    Eric Stafford, Kansas Chamber

    Neutral:

    Debbi Beavers, Director, Alcoholic Beverage Control Division

       The Director requested amendments in her testimony.

    Neutral Written Only:

    Philip Bradley, Kansas Licensed Beverage Association

    Tuck Duncan, Kansas Wine and Spirits Wholesalers Association

    Opponents:

    Amy Campbell, Kansas Association of Beverage Retailers (gave her time to the retailers to speak)

    Whitney Damron, Kansas Association of Responsible Liquor Laws

    Aaron Rosenow, Vern’s Retail Liquor, Topeka

    Brian Davis, Davis Retail Liquor, Wichita

    Phillip Cosby, State Director, American Family Action of Kansas and Missouri  DUI Data

    Opponents Written Only:

    Philip Bradley, KS Craft Brewers Assn, KS Viticulture Farm Winery Assn, Artisan Distillers of KS

    Jeff Breault, R & J Discount Liquor, Wichita

    Monica Tieben, Blackjack’s Liquor, Dodge City

    SB 253 would authorize the delivery of alcoholic liquor and cereal malt beverages to patrons by licensed retailers, licensed clubs, drinking establishments and restaurants, and third party delivery services. The bill would provide for the issuance of permits authorizing third-party delivery services to make deliveries of alcoholic liquor and cereal malt beverages on behalf of a licensed retailer, club, establishment, or restaurant. Such permits would cost $1,500 and be valid for one year. The bill would require that all individuals making such deliveries for a third-party delivery service permit holder be 21 years of age and have proper insurance coverage. The bill specifies that each delivery permit holder would be liable for any violation involving the sale and consumption of alcoholic liquor or cereal malt beverage that is committed by any individual conducting deliveries on behalf of the permit holder. SB 253 would authorize the Alcohol and Beverage Control Director to impose civil fines of no more than $1,000 for violations involving deliveries.



  • Wednesday, March 08, 2023 2:50 PM | Anonymous member (Administrator)

    The Senate Federal and State Affairs Committee will have a public hearing on SB 253 Friday, March 10.  The Committee meets at 10:30 a.m. in Statehouse Room 144-S and there is another bill scheduled that day, with SB 253 second on the agenda.    Read the bill.

    KABR opposes this bill – proposed by Walmart and a number of third party delivery platforms, including DoorDash, UberEats, Amazon/WholeFoods, etc.

    A similar bill was tabled by the House Federal and State Affairs Committee last year. The new bill does include restaurants, so there will be fewer opponents.

    SB 253 would authorize the delivery of alcoholic liquor and cereal malt beverages to patrons by licensed retailers, licensed clubs, drinking establishments and restaurants, and third party delivery services. The bill would provide for the issuance of permits authorizing third-party delivery services to make deliveries of alcoholic liquor and cereal malt beverages on behalf of a licensed retailer, club, establishment, or restaurant. Such permits would cost $1,500 and be valid for one year.

    The bill would require that all individuals making such deliveries for a third-party delivery service permit holder be 21 years of age and have proper insurance coverage. The bill specifies that each delivery permit holder would be liable for any violation involving the sale and consumption of alcoholic liquor or cereal malt beverage that is committed by any individual conducting deliveries on behalf of the permit holder. SB 253 would authorize the Alcohol and Beverage Control Director to impose civil fines of no more than $1,000 for violations involving deliveries.



  • Friday, January 27, 2023 2:39 PM | Anonymous member (Administrator)

    Members of KABR are encouraged to attend a luncheon with legislators in Topeka February 15 - get to know some of the legislators who make decisions about Kansas statutes regulating the liquor industry.  We know that developing relationships with our elected officials creates a better understanding of the needs of our Kansas owned small businesses.

    RSVP HERE

    A few bills under consideration this session would allow retailers to charge surcharges for credit processing and discounts for cash customers, change the quantity of product a distributor may sample to a retailer, and a new version of the Walmart home delivery legislation that includes third party delivery platforms.


  • Monday, January 16, 2023 3:15 PM | Anonymous member (Administrator)

    It was a surprise to many when the Senate switched chairmen around just before the Legislative Session.  Senate Federal and State Affairs Committee will be chaired by Senator Mike Thompson.  The Vice Chair will be Senator Rick Kloos, R-Topeka.

    Senator Oletha Faust-Goudeau, D-Wichita, continues to serve as the Ranking Minority Member of the committee.

    Former Chair Senator Rob Olson, R-Olathe, was appointed to head up the Senate Utilities Committee instead of Federal and State Affairs.


  • Monday, January 16, 2023 1:11 PM | Anonymous member (Administrator)

    The Legislature kicked off today with many new faces.  The House Federal and State Affairs Committee has new leadership, with Representative Will Carpenter, R-El Dorado, appointed Chair.  The new Vice Chair is our own Representative Tom Kessler, R-Wichita.  The new Ranking Minority Members is Representative Jo Ella Hoye, D-Lenexa.  We look forward to working with the new committee.  For a list of all committee members, click this link:

      http://www.kslegislature.org/li/b2023_24/committees/ctte_h_fed_st_1/

  • Friday, May 07, 2021 12:54 AM | Anonymous member (Administrator)

    May 6, the Federal and State Affairs Conference Committee wrapped up negotiations and compiled three liquor bills into one, now titled the CONFERENCE COMMITTEE REPORT ON HB 2137.

    The three liquor bills in conference included 11 original bills and 3 policy amendments that passed the  Senate and/or House.  On Friday, the combined report will go back to the full Senate and House for approval.  Friday is likely to be the last day of the veto session – although it will probably be another very late night. 

    Here are the topics as agreed by the conference committee:  HB 2137, Senate Sub for HB 2138, and Senate Sub for HB 2252

    HB 2137, as amended, includes CMB cleanup language, would expand the categories of alcoholic liquor licensees who can sell cereal malt beverage (CMB), would allow temporary permit holders to sell CMB along with alcoholic liquor, would provide for the removal of CMB from the licensed premises of clubs and drinking establishments in opened and unopened containers, and would allow CMB to be consumed in common consumption areas.

    The bill would also amend the Liquor Control Act to allow a person whose spouse is employed as a law enforcement officer (LEO) to be eligible to receive a liquor license. The bill would be in effect upon publication in the Kansas Register.

    Sub. for HB 2138 would make changes to the Kansas Liquor Control Act and Club and Drinking Establishment Act concerning suspending, canceling, or revoking certain liquor licenses; Sundays 9 am and summer holidays separate from Sunday sales ordinances – changing days and times of sale of liquor and cereal malt beverage (CMB); and growlers / refillable and sealable containers of liquor and CMB to be sold by liquor retailers and on premise establishments with same rules as microbreweries.

    Sub. for HB 2252 would amend and create law related to fulfillment house licenses, farm winery licenses, electronic submission of records by special order shipping license holders, removes residency requirements for certain liquor licenses, and allows an alcoholic liquor manufacturer to hold one drinking establishment license under certain conditions.

    Added SB 126, which passed the Senate and passed the House Committee with the “pitchers amendment” added.  SB 126, as amended, would modify the Club and Drinking Establishment Act by authorizing the sale of alcoholic liquor by specific organizations for special events for non-members and making clarifications concerning the sale of mixed alcoholic beverage pitchers by a public venue, club, drinking establishment, caterer, or holder of a temporary permit.

    Did not add SB 2, which only passed the Senate.  SB 2 would have allowed consumption of beer and wine on the Kansas state fairgrounds in expanded designated areas and credit a portion of moneys collected from the liquor enforcement tax to the state fair capital improvements fund.  The House will hold a hearing next session. 


  • Thursday, April 08, 2021 1:29 PM | Anonymous member (Administrator)

    The Kansas Legislature is grinding its way toward spring break with First Adjournment on Friday, April 9.  This week has been mostly reserved for conference committees on the bills that have passed both chambers, or were lucky enough to be dropped into a different bill that has passed both chambers.   KABR still had one significant piece of legislation that still needed to clear the Senate, and that was accomplished today with Senate Sub for HB 2138 passing the Senate 33-6.  Members have received an update on 2138, and the unfriendly amendment added yesterday to reverse the changes to summer holidays.  KABR supports separating summer holidays from Sunday sales ordinances in order to allow liquor stores to choose to open on Labor Day, Independence Day and Memorial Day whether or not the local government has adopted Sunday sales.  The grocery and convenience stores are already open and selling strong beer on those holidays.  KABR will work to have the unfriendly amendment changed by the conference committee.   2138 also allows earlier hours on Sundays in areas where the local government adopts an ordinance to do so - the House version is 9:00 a.m. and the Senate version is 10:00 a.m.  This will also be negotiated by the conference committee.   

    See more info in the powerpoint from the most recent Update for Retailers March 31.


  • Saturday, January 16, 2021 10:32 AM | Anonymous member (Administrator)

    The Kansas Legislature left a number of liquor issues stranded last spring when they shut down due to COVID-19.  They passed HB 2054 adopting a budget and placing restrictions on the Governor’s emergency powers.  That bill was vetoed by the Governor.  Through subsequent negotiations, the Legislature returned in June for a special session and passed HB 2016 – a bill providing for special allowances for restaurants and drinking establishments to sell alcohol for takeout, along with the key rules for emergency declarations and allowing local jurisdictions to override the Governor’s public safety orders.  That legislation expires January 26. 

    SB 14 was rushed through Senate Judiciary and the full Senate last week in order to extend the emergency law through March 31 2021.  We expect the House to work to take quick action as well.

    Both chambers are expected to work on permanent changes to the Kansas Emergency Management Act to extend beyond the legislative session. 

    Statehouse access is limited this year due to the pandemic, and now, this week, due to the potential safety threats associated with protests against the Presidential Inauguration in Washington, D.C.  Currently, members of the public are not allowed into the Capitol unless they have official business associated with officials inside the building.

    Committees are streamed through an audio feed and on YouTube – which does provide additional access to legislative activities.  However, our ability to interact with legislators and officials in the halls of the Capitol and at social events is severely curtailed.

    Bills Passed by the House in 2020

    • -          Allow a retail liquor store license to be issued to the spouse of a law enforcement officer.
    • -          Allow a supplier (in this case, MGP of Atchison) to hold a drinking establishment license. 

    Bills Passed by the Senate in 2020

    • -          Allow liquor stores to sell their products on summer holidays whether or not the jurisdiction has passed a Sunday sales ordinance.
    • -          Growlers sold by drinking establishments and liquor stores.
    • -          Expand Sunday sales hours to 10:00 a.m.
    • -          Liquor stores allowed to sell and deliver cereal malt beverage products wholesale.
    • -          Allow drinking establishments and caterers to sell cereal malt beverages without an additional license.
    • -          Require quarterly reporting to the state by out of state wine shippers.
    • -          Allow producers to receive a CMB retail license although in a non-zoned rural location.
    • -          Allow a retail liquor store license to be issued to the spouse of a law enforcement officer.

    New Legislation expected:

    Residency Requirements – The Kansas Attorney General Derek Schmidt issued an opinion in December stating that the Kansas residency requirements for retailer and drinking establishment licenses are unenforceable as a result of the United States Supreme Court Tennessee Wine decision.  Therefore, we are working with the Division of ABC to recommend reasonable revisions to the Kansas statutes.

    Liquor Delivery for Restaurants – The Kansas Restaurant and Hospitality Association is seeking to pass legislation to allow them to deliver alcohol directly to customers.  The legislation would allow direct delivery through their own employees or through third party online platforms such as Doordash or UberEats.  

    Liquor Takeout / Drive Through for Restaurants – The Kansas Restaurant and Hospitality Association is seeking to make permanent the special provisions allowing for liquor takeout and drive through that are temporarily in effect through the pandemic emergency statute.

    Fulfillment Houses – Legislation has been requested by the Kansas Wine and Spirits Wholesalers Association to require fulfillment houses (entities that fill orders for online wine orders) to be licensed, in the same way that out of state wine shippers are required to be licensed and pay taxes to Kansas.

    List of Legislation – select underlined items for link to more information

    SB 14 - The bill would amend statutory provisions regarding the following to extend their expiration from January 26, 2021, until March 31, 2021: ● Removal of alcohol from premises of a licensed club or drinking establishment (Section 1); ● In the section of the Kansas Emergency Management Act (KEMA) governing declaration of a state of disaster emergency, provisions regarding extension of the COVID-19 state of disaster emergency when the Legislature is not in session by application of the Governor to the State Finance Council (Section 2). ● In the section of KEMA governing powers of the Governor during a state of disaster emergency (Section 4), extending provisions regarding the powers of the Governor and boards of county commissioners enacted in 2020 Special Session HB 2016. [Note: This section appears to make substantive amendments to the statute. However, these apparent substantive amendments reflect current statutory language and appear as amendments only to continue the current language beyond the original January 26, 2021, expiration date.] Effective March 31, 2021, the bill (in Section 5) would return this section to the version effective before enactment of 2020 Special Session HB 2016, removing the amendments made by 2020 Special Session HB 2016 and this bill; ● Telemedicine (Section 7); 2- 14 ● Temporary emergency licensure by the State Board of Healing Arts (Section 8); ● Temporary licensure measures for additional health care providers (Section 9); and ● Business immunity from liability for a COVID-19 claim (Section 10).

    HB 2057 – Reintroduced from 2020 – Legislation to allow a supplier (in this case, MGP of Atchison) to hold a drinking establishment license. 


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