HB 2787

 Session of 2026
                       HOUSE BILL No. 2787
                   By Committee on Federal and State Affairs
                    Requested by Representative Awerkamp
                                     2-25
1 AN ACT concerning alcoholic beverages; regarding temporary permits;
2   correcting an inconsistency in the number of such permits allowed in a
3   year; amending K.S.A. 2025 Supp. 41-1201 and repealing the existing
4   section.
5
6 Be it enacted by the Legislature of the State of Kansas:
7     Section 1. K.S.A. 2025 Supp. 41-1201 is hereby amended to read as
8 follows: 41-1201. (a) A temporary permit shall:
9     (1) Allow the permit holder to offer for sale, sell and serve alcoholic
10 liquor for consumption on licensed or unlicensed premises, or on premises
11 that are otherwise subject to a separate temporary permit, that may be open
12 to the public, subject to the terms of such permit;
13     (2) authorize the permit holder to sell, in accordance with rules and
14 regulations adopted by the secretary, alcoholic liquor at a charitable
15 auction, or one or more limited issue porcelain containers containing
16 alcoholic liquor; and
17     (3) allow the permit holder to offer for sale, sell and serve alcoholic
18 liquor that is beer or hard cider manufactured by a microbrewery licensee
19 and purchased by the temporary permit holder from such microbrewery
20 licensee as provided by K.S.A. 41-308b, and amendments thereto, for
21 consumption on licensed or unlicensed premises, or on premises that are
22 otherwise subject to a separate temporary permit, that may be open to the
23 public, subject to the terms of such permit.
24     (b) A temporary permit holder may charge a fee for entrance into the
25 premises described in the permit, or any portion thereof.
26     (c) The director may issue a temporary permit to any one or more
27 persons or organizations applying for such a permit, in accordance with
28 rules and regulations of the secretary. The permit shall be issued in the
29 names of the persons or organizations to which it is issued.
30     (d) (1) Applications for temporary permits shall be required to be
31 filed with the director not less than 14 days before the event for which the
32 permit is sought, unless the director waives such requirement for good
33 cause. The application shall be upon a form prescribed by the director.
34 Each application shall be electronically submitted and accompanied by a
35 non-refundable permit fee of $25 for each day for which the permit is
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1 issued, and such fee shall be paid by a check or credit card in the full
2 amount thereof. All permit fees collected by the director pursuant to this
3 section shall be remitted to the state treasurer in accordance with the
4 provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
5 each such remittance, the state treasurer shall deposit the entire amount in
6 the state treasury to the credit of the state general fund.
7     (2) No city, county or township shall charge more than a $25 non-
8 refundable fee for each day for which the permit is issued.
9     (e) Each application for a temporary permit shall specify the premises
10 for which such permit is issued, including a diagram of the premises
11 covered by the temporary permit. The diagram shall clearly show the
12 boundaries of the premises, entrances to and exits from the premises and
13 the area in which the service of alcoholic liquor would take place. A
14 temporary permit shall be issued only for premises where the city, county
15 or township zoning code allows the use for which the permit is issued. No
16 temporary permit shall be issued for premises that are not located in a
17 county where the qualified electors of the county:
18     (1) (A) Approved, by a majority vote of those voting thereon, to
19 adopt the proposition amending section 10 of article 15 of the constitution
20 of the state of Kansas at the general election in November, 1986; or
21     (B) have approved a proposition to allow the sale of liquor by the
22 individual drink in public places within the county at an election pursuant
23 to K.S.A. 41-2646, and amendments thereto; and
24     (2) have not approved a proposition to prohibit such sales of alcoholic
25 liquor in such places at a subsequent election pursuant to K.S.A. 41-2646,
26 and amendments thereto.
27     (f) (1) (A) A temporary permit may be issued for the consumption of
28 alcoholic liquor on a city, county or township street, alley, road, sidewalk
29 or highway for an event if: (i) Such street, alley, road, sidewalk or highway
30 is closed to motor vehicle traffic by the governing body of such city,
31 county or township for such event; (ii) a written request for such
32 consumption and possession of such alcoholic liquor has been made to the
33 local governing body; and (iii) the event has been approved by the
34 governing body of such city, county or township by ordinance or
35 resolution.
36     (B) The boundaries of any such event shall be clearly marked by
37 signs, a posted map or other means that reasonably identify the area in
38 which alcoholic liquor may be possessed or consumed at such event.
39     (2) Drinking establishments that are immediately adjacent to, or
40 located within the licensed premises of an event, for which a temporary
41 permit has been issued and the consumption of alcoholic liquor on public
42 property has been approved, may request that the drinking establishment's
43 licensed premises be extended into and made a part of the licensed
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1 premises of the event, for the duration of the temporary permit issued for
2 such event.
3     (3) Each licensee selling alcoholic liquor for consumption on the
4 premises of an event for which a temporary permit has been issued shall be
5 liable for violations of all laws governing the sale and consumption of
6 alcoholic liquor.
7     (4) Each temporary permit holder selling alcoholic liquor for
8 consumption on the permit premises shall be liable for all violations of
9 laws governing the sale and consumption of alcoholic liquor that occur in
10 areas covered by multiple temporary permits.
11     (g) (1) A temporary permit may be issued for the sale of wine, beer or
12 other alcoholic liquor on the Kansas state fairgrounds during the days of
13 the Kansas state fair, or as authorized by the Kansas state fair board, if the
14 Kansas state fair board has authorized such consumption and possession of
15 such wine, beer or other alcoholic liquor. Each application for such
16 temporary permit shall specify the premises within the fairgrounds for
17 which the permit is issued, including a diagram of the premises covered by
18 the temporary permit. Such diagram shall match the entirety of the
19 premises as leased from the Kansas state fair board. The boundaries of the
20 Kansas state fairgrounds shall be clearly marked by signs, a posted map or
21 other means that reasonably identify the area in which wine, beer or other
22 alcoholic liquor, may be possessed or consumed at the state fair.
23     (2) Each temporary permit holder selling wine, beer or other
24 alcoholic liquor for consumption on the premises of the Kansas state
25 fairgrounds that is covered by such temporary permit shall be liable for all
26 violations of laws governing the sale and consumption of such alcoholic
27 liquor that occur on such temporary premises.
28     (3) Any temporary permit holder who has received a temporary
29 permit for the sale of wine, beer or other alcoholic liquor on the Kansas
30 state fairgrounds may allow such wine, beer or other alcoholic liquor to be
31 removed from the temporary permit premises and onto the Kansas state
32 fairgrounds.
33     (h) (1) Except as otherwise provided in this subsection, a temporary
34 permit shall be issued for a period of time not to exceed three consecutive
35 days, the dates and hours of which shall be specified in the permit. An
36 applicant may not be issued more than four 12 temporary permits in a
37 calendar year.
38     (2) The director may issue a sufficient number of temporary permits
39 as required by the state fair board, valid for the entire period of time of the
40 Kansas state fair, which authorizes the sale of wine in its original,
41 unopened container and the serving by the drink of wine, beer or other
42 alcoholic liquor on the state fairgrounds on premises specified in the
43 temporary permit, by a person who has entered into an agreement with the
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1 state fair board for that purpose subject to the conditions imposed by the
2 state fair board. Nothing in this paragraph shall be construed to limit the
3 number of temporary permits the director may issue for the sale of wine,
4 beer or other alcoholic liquor on the state fairgrounds consistent with the
5 requirements of the state fair board.
6     (3) For an event approved by the governing body of a city, county or
7 township pursuant to subsection (e)(1), the director may issue a temporary
8 permit, which may, at the director's discretion, be valid for the entire
9 period of such event, but in no event shall such permit be issued for a
10 period of time that exceeds 30 consecutive days.
11     (i) An application for a temporary permit may be rejected by the
12 director if:
13     (1) The applicant has been granted 12 permits in the current calendar
14 year;
15     (2) the application was not filed with the director at least 14 days
16 prior to the event;
17     (3) the applicant, or any officer, director, partner, registered agent,
18 trustee, manager or owner of the applicant has previously owned or
19 operated any entity holding a temporary permit, club, drinking
20 establishment or caterer's license, had such permit or license surrendered,
21 and at the time such permit or license was surrendered had been ordered to
22 appear and show cause why the permit or license should not be revoked or
23 suspended;
24     (4) the applicant has designated an area for an event that was the
25 subject of the order to appear and show cause as set forth in paragraph (3),
26 and it appears that the new application for a temporary permit covering the
27 premises is an attempt to avoid any possible remedial action taken by the
28 director against the former permit or license holder;
29     (5) the applicant has had a license or permit revoked under the club
30 and drinking establishment act, or has been convicted of a violation of the
31 Kansas liquor control act, the club and drinking establishment act, the
32 Kansas cereal malt beverage act or the provisions of K.S.A. 79-41a01 et
33 seq., and amendments thereto; or
34     (6) the applicant has not remitted all liquor drink taxes due from a
35 previous temporary permit.
36     (j) (1) A temporary permit holder may purchase and possess alcoholic
37 liquor for resale for a period of three days prior to the first day of sale of
38 such alcoholic liquor. A distributor may, without any further permission
39 from the director, deliver such alcoholic liquor to the permit premises.
40     (2) If a licensee has sold alcoholic liquor to a temporary permit
41 holder, and a distributor directly delivers such alcoholic liquor to such
42 temporary permit holder, but such licensee's normal hours of operation
43 make immediate payment to the distributor impossible, the licensee may
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1 pay the retailer and the retailer may pay the distributor for such alcoholic
2 liquor within 48 hours of the sale.
3     (3) Within three business days after the end of an event conducted
4 pursuant to a temporary permit, the temporary permit holder may sell back
5 to the retailer, farm winery or microbrewery from whom alcoholic liquor
6 was purchased any alcoholic liquor sold to the temporary permit holder for
7 such event.
8     (4) Upon written permission from the director and after four business
9 days after the end of an event conducted pursuant to a temporary permit,
10 the temporary permit holder may sell back to the licensee from whom
11 alcoholic liquor was purchased any alcoholic liquor sold to the temporary
12 permit holder for such event.
13     (k) A temporary permit shall not be transferable or assignable.
14     (l) Each temporary permit holder shall not employ or use the services
15 of any person who:
16     (1) Who Is under 18 years of age to serve alcoholic liquor;
17     (2) who is under 21 years of age to mix or dispense drinks containing
18 alcoholic liquor;
19     (3) who is under 21 years of age and not supervised by the temporary
20 permit holder or an employee who is at least 21 years of age;
21     (4) who has been convicted of a felony or of any crime involving a
22 morals charge to dispense, mix or serve alcoholic liquor; or
23     (5) who has been convicted within the previous two years of a
24 violation of any intoxicating liquor law of this state, any other state or the
25 United States, to dispense, mix or serve alcoholic liquor.
26     Sec. 2. K.S.A. 2025 Supp. 41-1201 is hereby repealed.
27     Sec. 3. This act shall take effect and be in force from and after its
28 publication in the Kansas register.