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  • Tuesday, January 12, 2021 9:36 AM | Anonymous member (Administrator)

    The 2021 Legislative Session will be very unusual, with efforts to spread out in committee rooms and into the public galleries of the House chamber and limit physical access to members of the public and the press.  Masks are encouraged – seemingly more in the House than the Senate – and temperatures are checked as people enter the building.

    The first calendars indicate a quick start to legislative action, with the Judiciary and Tax committees already scheduled to hear bills addressing government actions relating to COVID-19 and tax legislation left hanging from the 2020 session.  Some are saying that regardless of the safety efforts, leaders are anxious to get several pieces of legislation passed quickly – before illness and quarantines may keep legislators out of the building and getting the right number of votes could become a challenge.  A constitutional amendment regarding abortion is expected along with possible liability protections for nursing homes. 

    Calendars are posted each day at https://kslegislature.org – select the third tab from the right on the blue banner.   Committee meeting audio can be streamed live by selecting Audio/Video from the top edge of the home screen, click on Statehouse Live and Archive from the dropdown list.  There are larger audio/video links for streaming the full House or Senate sessions mid-page on the right margin. 

    Full House and Senate sessions with action are to be limited this session – requiring fewer gatherings of the legislators within the House and Senate chambers.  There is a plan to bring representatives into the chamber in groups when votes are required.  The calendars will indicate when House or Senate deliberations are to occur.  Action on bills by the full House or Senate is indicated in the calendars by a line showing up under a list of bills to be debated under General Orders. 

    Many interim meetings have streamed live on YouTube – subscribe to the Kansas Legislature channel.  So far, it does not appear all the legislative committees will be appearing there, although the House and Senate sessions were available.  However, individuals who sign up to testify in committees will be provided a link to participate with audio and video. 

    The first day has been a little rocky – not all the links have worked well.  This means that those of us who are tracking the activities of the Legislature closely will have extra work to do. 


  • Monday, January 11, 2021 4:02 PM | Anonymous member (Administrator)

    Monday, February 11, Kansas legislators gathered in the State Capitol to begin the work of the 2021 Kansas Legislative Session. Leadership elections were formalized – making history, as Representative Ron Ryckman, R-Olathe, is the first representative to win a third term as Speaker of the House and Dinah Sykes, D-Lenexa, is the first female elected to be the Senate Minority Leader.  There were speeches and welcomes all around.

    The leaders are as follows:

    SENATE:

    President - Ty Masterson, R-Andover

    Vice President - Richard Wilborn, R-McPherson

    Majority Leader - Gene Suellentrop, R-Wichita

    Assistant Majority Leader – Larry Alley, R-Winfield

    Majority Whip – Richard Hilderbrand, R-Galena

    Minority Leader - Dinah Sykes, D-Lenexa

    Assistant Minority Leader - Oletha Faust-Goudeau, D-Wichita

    Minority Whip – Pat Pettey, D-Kansas City

    Minority Agenda Chair - Marci Francisco, D-Lawrence

    Minority Caucus Chair – Jeff Pittman, D-Leavenworth

    HOUSE

    Speaker – Ron Ryckman, R-Olathe

    Speaker Pro Tem – Blaine Finch, R-Ottawa

    Majority Leader – Dan Hawkins, R-Wichita

    Assistant Majority Leader – Les Mason, R-McPherson

    Majority Whip – Blake Carpenter, R-Derby

    Majority Caucus Chair – Ken Rahjes, R-Agra

    Minority Leader – Tom Sawyer, D-Wichita

    Assistant Minority Leader – Jason Probst, D-Hutchinson

    Minority Whip – Stephanie Clayton, R-Overland Park

    Minority Caucus Chair – Barbara Ballard, D-Lawrence

    Minority Agenda Chair – Brandon Woodard, D-Lenexa

    Minority Policy Chair – Rui Xu, D-Westwood


  • Friday, December 11, 2020 11:03 AM | Anonymous member (Administrator)

    The Kansas Attorney General issued an opinion today declaring Kansas residency requirements for retail liquor store and drinking establishments’ licenses unconstitutional based on the ruling of the United States Supreme Court in the Tennessee Wine decision.  The opinion was issued as a response to a request from outgoing state senator Julia Lynn, R-Olathe.

    From his letter dated December 10, 2020, Attorney General Derek Schmidt states:

    As State Senator for the Ninth District, you request our opinion on the constitutionality of residency requirements in two Kansas liquor licensing statutes in light of the decision of the United States Supreme Court in Tennessee Wine and Spirits Retailers Association v. Thomas (588 U.S. 139 S. Ct. 2449 (2019)). Specifically, you ask the following:  

    • ·         Are the residency requirements for applicants for a liquor retailer license in K.S.A. 41-311(b)(1) and (2) unconstitutional under the dormant Commerce Clause?
    • ·         Is the durational residency requirement for applicants for a license to sell liquor by the drink in K.S.A. 41-2623(a)(3) unconstitutional under the dormant Commerce Clause?

    Applying the reasoning of the United States Supreme Court in Tennessee Wine, we conclude that the answer to both of your questions is yes a challenge to the constitutionality of the residency requirements in these statutes would likely be successful.

    We expect the Kansas Legislature will need to amend K.S.A. 41-311 and K.S.A. 41-2623 in the upcoming session.  Read the full letter here.


  • Thursday, March 19, 2020 3:07 PM | Anonymous member (Administrator)

    Our earlier email claimed the Governor granted the waiver.  Although her office certainly gets credit for approving the measure, Director Beavers is responsible for the waiver itself.  If you attended our Annual Conference last October, you  know that KABR honored Director Beavers as 2019 Industry Leader of the Year for her leadership and collaborative work on behalf of the State.  She has been a fair regulator and responsive to our questions and concerns.

    Curbside - How? 

    In addition to setting up a sign for your designated "to go" pickup lane(s) or parking spot(s) within 50 feet of the store, you need a payment solution.  Remember - this is a temporary option under the waiver and you will need to license this area to continue curbside service in the future.

    The Kansas Association of Beverage Retailers partners with Heartland Payment Systems & Patrick Schreiner to offer you a full suite of business solutions - they can help you provide curbside service.  The transaction must be completed at the store through signature or transaction.

    Heartland Mobile Solutions

    On-boarding Process - reach out to Patrick Schreiner at 913-748-1414 or patrick.schreiner@e-hps.com

    §  Net new merchants will need to be enrolled via Atlas

    §  Existing Accounts via this https://go.heartlandpaymentsystems.com/mobilepay

    Also offer product for Microsoft Surface Pro with mag stripe reader.

    Heartland Funding Solutions

    Heartland Capital funding can happen in as quick as 24-48 hours

    Qualifications

    -In business for 6 months

    -$100,000 or more in annual revenue

    -Provide 3 months of bank statements

    -Credit score of 550 or higher

    Retailers do  not need to be a current Heartland client to receive funding.


     

    Contacts:    Amy Campbell  Email 785-969-1617

    Brian Davis, President Email 316-990-1425


  • Wednesday, March 18, 2020 12:09 PM | Anonymous member (Administrator)

    See the full memo below and be sure to read BOTH pages.  There are requirements for compliance and the waiver is temporary.  Curbside pickup does not allow current laws to be ignored.

    Please do not hesitate to contact us for questions.  Remember, liquor stores can also set up a retail model where your employees take an order at the front of the store and go pick out the products, bringing them to the front of the store for purchase.  Please be careful to  avoid crowding situations and limit personal contact as much as possible.  

    Read both pages of the ABC memo below.



    Contacts:    Amy Campbell 

    Email

    785-969-1617

    Brian Davis, President

    Email

    316-990-1425


  • Tuesday, March 17, 2020 6:21 PM | Anonymous member (Administrator)

    Governor Kelly announced Executive Order #20-04 and Executive Order #20-05 to keep Kansans safe and healthy, ensuring all families are protected during the COVID-19 pandemic.

    In light of the Centers for Disease Control and Prevention’s guidance released on Sunday, March 15, 2020, Governor Kelly’s latest Executive Order follows the CDC’s recommendation to limit group gatherings to no more than 50 individuals in a single area.  [Kansas liquor stores are not affected as long as there are no more than 50 people within the store.  Please read #20-04 linked above for all of the exceptions.]

    “This is a difficult but essential step to further encourage social distancing and stem the spread of COVID-19,” Kelly said. “We must flatten the curve and hinder the spread of this disease. I urge all businesses, restaurants, bars, entertainment and recreational facilities to exercise responsible judgment and follow these guidelines.”

    Kelly remains in close consultation with the Kansas Chamber of Commerce, the Kansas Restaurant and Hospitality Association, the National Federation of Independent Business Owners and the Kansas Department of Wildlife, Parks and Tourism as events unfold.

    “While public health and safety must always come first, COVID-19 will undoubtedly have a devastating economic impact on Kansas small business owners and workers,” Kelly said. “I am actively engaged with the business community to identify how the state can best support Kansas businesses and their employees as we navigate this unprecedented challenge together.”

    In addition, Governor Kelly asked the Kansas Corporation Commission (KCC) to suspend utility disconnects until April 15. This directive covers all electrical, natural gas, water and telecommunications utilities under the KCC’s jurisdiction. Kelly announced a second Executive Order, (E.O. #20-05) regarding utility disconnects advising the same directive for the utility companies not under the jurisdiction of the KCC.  

    “It’s imperative we provide relief to our most vulnerable Kansans during these unprecedented times,” Kelly said.

    Kelly emphasized that certain populations are more vulnerable to COVID-19 than others, and it is imperative that all Kansans play a part in keeping communities safe.

    “While all of these measures represent a dramatic change from what we're accustomed to, I know Kansans will rise to the challenge,” Kelly said. 


  • Tuesday, March 17, 2020 9:18 AM | Anonymous member (Administrator)

    The House Commerce and Labor Committee is meeting early this morning to consider legislation to expedite and expand unemployment benefits for employees affected by the abrupt changes in the economy.   HB 2642 was introduced earlier this session to aid employees of Spirit aircraft manufacturing in Wichita.  The legislation will be expanded to assist employees of the restaurant and hospitality industry as communities across the country are requiring those businesses to either close entirely or limit to offering takeout food.  The idea is to waive the two-week waiting period for unemployment benefits and to extend eligibility to 26 weeks or more (currently 16 weeks).   

    The Kansas Chamber of Commerce urged the committee to be cautious and sunset the new provisions next spring in an attempt to avoid draining the unemployment fund.  They called attention to the years required to rebuild the trust fund after the last recession.


  • Tuesday, March 17, 2020 8:19 AM | Anonymous member (Administrator)

    Monday, March 17, 2020 - The President and Executive Director of KABR sent a letter to the Office of the Governor urging the State to carefully consider the impacts of shutting down retail activity unless absolutely necessary. (Read the letter.)

    "We ask that potential actions relating to retail sales allow our businesses to continue to operate, recognizing that we can provide pickup services under current law – either curbside or in the store.  For a store to offer curbside pickup, they must license an area of the parking lot for the transaction.  (Liquor delivery is not legal in Kansas.)'

    "It is possible there could be a need to waive the requirement that curbside pickup services must include licensing an area of the parking lot – perhaps allowing the Division of Alcoholic Beverage Control extra time to approve those diagrams."


  • Monday, March 16, 2020 9:50 PM | Anonymous member (Administrator)

    Greetings from the Kansas State Capitol, where the generally snail-like pace has suddenly gained some urgency.  The Kansas Senate and House of Representatives are debating some bills today and perhaps the next couple of days, with a goal of taking their spring break early.  First Adjournment is supposed to occur on April 3, but last Friday House leaders were suggesting the Legislature should negotiate a stripped-down budget over the weekend and leave town.  The Senate did not agree, so legislators went home for the weekend and returned to action today.

    KABR supports several bills and we are working to have these items amended into other legislation that is moving in order to have a better chance of passage.  The following reports may seem confusing, but it is a matter of jumping onto any train that is moving.

    The Senate passed three bills with amendments that now must go to the House of Representatives or be adopted in a conference committee:

    SB 417 – Requested by VFWs, would allow a Class A club licensee to offer for sale, sell, and serve alcoholic liquor for consumption on the licensed club premises by persons who are not members, their families, or guests during an event.  Today, a Class A club can only host events with alcohol for members.  SB 417 passed 38-0 on Emergency Final Action.

    Adopted an amendment offered by Senator Suellentrop to add HB 2672, a bill to allow Clubs and Drinking Establishments to sell CMB (cereal malt beverages) without obtaining a local CMB license.  Bill was requested by the Kansas Beer Wholesalers Association.  The same privilege is already extended to liquor stores under the 2017 Beer Law. 

    This included the KABR amendment to include the Liquor Store CMB Wholesale language.  This amendment was negotiated with the KBWA and approved by the House Federal and State Affairs Committee just this morning.

    WHAT IS THE LIQUOR STORE CMB WHOLESALE AMENDMENT?  This is an amendment to add cereal malt beverage on-premise licensees to the list of licensees that can purchase product from a retail liquor store with a federal wholesale permit.  SAME AS Clubs and Drinking Establishments do today.

    • Currently, retail liquor stores may obtain a federal wholesale permit for purposes of selling and delivering product to on-premise liquor licensees.
    • The current statute does not include permission for the retail liquor store with a federal wholesale permit to sell and deliver product to the CMB on-premise retailers. 
    • The product would be limited to cereal malt beverage and beer containing not more than 6% alcohol by volume – the products that can be sold by CMB on-premise retailers to the public.

    Since the implementation of the Beer Law in April 2019, our members have reported requests from CMB on-premise establishments – these have been small taverns / restaurants – asking to purchase small amounts of beer for resale.  The liquor store must turn away this purchase because it would be illegal to sell the product to a restaurant for re-sale when the Liquor Control Act does not specifically allow that sale by the liquor store.  We do not anticipate that liquor stores will be pursuing a large number of these accounts, as most are served by beer distributors who also offer services for their taps and keg lines.  However, when taverns need small amounts of product, they should be able to turn to their local liquor store with a federal wholesale permit to fill that need, just as other on-premise clubs and restaurants do today. 

    SB 432 – ABC Legislation to require quarterly online reporting by out of state wineries in order to be sure that the information provided by shippers (UPS/Fedex) can be crosschecked with the out of state winery information.  This will help to collect the taxes due and to reveal illegal operations.  SB 432 passed 39-0 on Emergency Final Action.

    Senator Rob Olson offered an amendment to add contents of SB 456, that passed the Senate Federal and State Affairs Committee last Thursday.  Part of SB 456 is time sensitive because retailers do not want to be closed on a summer Saturday for Independence Day.  KABR is recommending this change.

    What is SB 456?  SB 456 extends earlier Sunday sales hours to liquor stores and CMB retailers (grocery or Sunday sales ordinances altogether.  It also has a piece to allow a producer to hold a CMB permit.

    Sunday Hours

    • Optional earlier Sunday hours were requested by liquor stores and CMB retailers – the issue mostly comes up to be able to serve customers before noon football games and those who are heading to lunch gatherings, family picnics, etc.  It is a particular issue for those stores within driving distance to the Missouri border.  (Missouri passed earlier hours immediately when Kansas passed Sunday sales.)
    • Continues to provide for local option ordinances or elections to enact Sunday sales.
    • Continues to provide for a uniform Liquor Control Act by allowing the same process for all cities/counties.
    • The ABC had suggested doing away with the local ordinances and making all days the same – 9 a.m. to 11 p.m. with the option for shorter hours, but the parties agreed not to go that far

    Summer Holidays

    Fixes a problem for liquor store owners who are supposed to close on Saturday, July 4 2020 while their competition - grocery stores and convenience stores - are selling beer.  Expecting a store to be closed on July 4th this year will cost that owner significant business.

    Why Does This Happen?  

    Current law requires cities to choose to pass an ordinance FOR Sunday sales and summer holiday sales for liquor store retailers and CMB retailers (grocery stores and convenience stores).

    If they choose to NOT allow Sunday sales, they are supposed to pass an ordinance to prohibit CMB retailers from selling on those summer holidays. This was part of the original Sunday sales law but it does not seem to be happening.  This is not fair.

    Passing this amendment will assure that these summer holidays are equally available to liquor store retailers and CMB retailers.

    No Change for Most Cities for Days of Sale:  Most cities have passed the Sunday sales ordinance and allow summer holiday sales plus Sunday sales for both liquor store retailers and CMB retailers and are not affected by the holidays portion of the bill.

    Yes to Local Option for Sunday Sales:  Cities will continue to choose whether or not to allow Sunday sales by local option (with the new optional no earlier than 10:00 a.m. time).  The summer holidays are removed from that process.

    More Equality for Days of Sale:  Grocery and convenience stores will continue to operate with longer daily hours and liquor stores will continue to be closed on Thanksgiving and Christmas.  BOTH are required to be closed on Easter and any time one of these holidays (Independence Day) falls on a Sunday in an area where Sundays are prohibited.

    CMB Permit Section – added by the committee to allow any licensed producer (of grapes, honey, fruit for wine making) to get a local CMB permit to sell cmb and beer less than 6% alcohol by volume at their premises/events.  Legislature already allowed producers to sell their own product at their place of business in previous session.

    SB 433 – ABC Bill amends the Kansas Liquor Control Act and Club and Drinking Establishment Act by providing that violation of any lawful order issued by the Director (Director) of Alcoholic Beverage Control (ABC) would be a reason the Director could suspend, involuntarily cancel, or revoke any license issued under those Acts.

    Expecting an amendment to add a provision allowing a caterer’s/on-premise license to be issued to a person whose spouse is a law enforcement officer under certain conditions.

    SB 433 passed 30-9 during Emergency Final Action. 


  • Monday, March 16, 2020 10:45 AM | Anonymous member (Administrator)

    House Committee Advances Growler Bill

    Monday morning, the House Federal and State Affairs Committee voted to pass SB 221 – the Growler and Crowler Bill – to expand sales of these products to restaurants and drinking establishments and liquor stores.   SB 221 was passed with amendments to allow liquor stores with a federal wholesale permit to sell to CMB on-premise licensees and allow clubs and drinking establishments to sell CMB without requiring a CMB license (HB 2672).  An amendment to allow Walmart, convenience stores and all CMB retailers to sell growlers and crowlers was rejected by the committee.

    The hearing on SB 221 included proponent testimony from Scott Schneider of the Kansas Restaurant and Hospitality Association, Amy Campbell for the Kansas Association of Beverage Retailers, and Philip Bradley for the Craft Brewers and KS Licensed Beverage Association. 

    See KABR Testimony here.

    Representatives of Walmart, Casey’s General Stores and the Petroleum Marketers and Convenience Stores Association then testified as neutral parties, but asked to be added to the legislation in order to allow big box, grocery and convenience stores to be able to sell growlers.  They said they would change from neutral to supporting if added to the bill.

    Debbi Beavers, Director of Alcoholic Beverage Control, testified neutral on the bill and called attention to Senate amendments that were made to address what tax would be paid by the restaurants/drinking establishments (10% drink tax) and to limit sales to 11 p.m. under the bill.

    With the Legislature planning to shut down this week for an early spring break, there are not many bills that have been passed by both the House and Senate during the 2020 session.  SB 221 has passed the Senate and could be on its way to passing the House.  That is important because legislation must have passed both chambers to go to conference committee.  Legislation that has passed just one chamber can be added into a conference committee, but you need a main bill.  This means there is a shortage of “vehicle” legislation that can be used to craft the “mega-liquor bill” we have become accustomed to seeing at the end of each session. 


Call Us:  785-969-1617

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P.O. Box 3842
Topeka | Kansas 66604-0842

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