K.S.A. » Chapter 41
Kansas Statutes Annotated

K.S.A. § 41-2601 (2026)

Definitions

✓ current as of May 2026
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41-2601. Definitions. As used in the club and drinking establishment act:

(a) The following terms mean the same as provided by K.S.A. 41-102, and amendments thereto:

(1) "Alcoholic liquor";

(2) "director";

(3) "original package";

(4) "person";

(5) "sale"; and

(6) "to sell."

(b) "Beneficial interest" shall not include any interest a person may have as owner, operator, lessee or franchise holder of a licensed hotel or motel on the premises of which a club or drinking establishment is located.

(c) "Caterer" means an individual, partnership or corporation that sells alcoholic liquor or cereal malt beverage by the individual drink, and provides services related to the serving thereof, on unlicensed premises that may be open to the public, but does not include a holder of a temporary permit, selling alcoholic liquor or cereal malt beverage in accordance with the terms of such permit.

(d) "Cereal malt beverage" means the same as provided by K.S.A. 41-2701, and amendments thereto.

(e) "Class A club" means a premises that is owned or leased by a corporation, partnership, business trust or association and that is operated thereby as a bona fide nonprofit social, fraternal or war veterans' club, as determined by the director, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates, hereinafter referred to as members, and their families and guests accompanying them, as provided in K.S.A. 41-2637, and amendments thereto.

(f) "Class B club" means a premises operated for profit by a corporation, partnership or individual, to which members of such club may resort for the consumption of food or alcoholic beverages and for entertainment.

(g) "Club" means a class A or class B club.

(h) "Drinking establishment" means premises that may be open to the general public, where alcoholic liquor or cereal malt beverage by the individual drink is sold. The term "Drinking establishment" includes a railway car.

(i) "Food" means any raw, cooked or processed edible substance or ingredient, other than alcoholic liquor or cereal malt beverage, used or intended for use or for sale, in whole or in part, for human consumption.

(j) "Food service establishment" means the same as provided by K.S.A. 36-501, and amendments thereto.

(k) "Hotel" means the same as provided by K.S.A. 36-501, and amendments thereto.

(l) "Individual drink" means a beverage containing alcoholic liquor or cereal malt beverage served to an individual for consumption by such individual or another individual, but which is not intended to be consumed by two or more individuals. The term "individual drink" includes beverages containing not more than:

(1) Eight ounces of wine;

(2) thirty-two ounces of beer or cereal malt beverage; or

(3) four ounces of a single spirit or a combination of spirits.

(m) "Minibar" means a closed cabinet, whether nonrefrigerated or wholly or partially refrigerated, access to the interior of which is restricted by means of a locking device that requires the use of a key, magnetic card or similar device.

(n) "Minor" means a person under 21 years of age.

(o) "Morals charge" means a charge involving the sale of sexual relations; procuring any person; soliciting of a child under 18 years of age for any immoral act involving sex; possession or sale of narcotics, marijuana, amphetamines or barbiturates; rape; incest; gambling; illegal cohabitation; adultery; bigamy; or a crime against nature.

(p) "Municipal corporation" means the governing body of any county or city.

(q) "Public venue" means an arena, stadium, hall or theater, used primarily for athletic or sporting events, live concerts, live theatrical productions or similar seasonal entertainment events, not operated on a daily basis, and containing:

(1) Not fewer than 4,000 permanent seats; and

(2) not fewer than two private suites that are enclosed or semi-enclosed seating areas, having controlled access and separated from the general admission areas by a permanent barrier.

(r) "Railway car" means a locomotive drawn conveyance used for the transportation and accommodation of human passengers that is confined to a fixed rail route and which derives from sales of food for consumption on the railway car not less than 30% of its gross receipts from all sales of food and beverages in a 12-month period.

(s) "Restaurant" means:

(1) In the case of a club, a licensed food service establishment that, 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. 41-2642, and amendments thereto, a licensed food service establishment that, 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. 41-2642, and amendments thereto, a licensed food service establishment.

(t) "RV resort" means premises where a place to park recreational vehicles, as defined in K.S.A. 75-1212, and amendments thereto, is offered for pay, primarily to transient guests, for overnight or longer use while such recreational vehicles are used as sleeping or living accommodations.

(u) "Sample" means a serving of alcoholic liquor or cereal malt beverage that contains not more than:

(1) One-half ounce of distilled spirits;

(2) one ounce of wine; or

(3) two ounces of beer or cereal malt beverage.

A sample of a mixed alcoholic beverage shall contain not more than ½ ounce of distilled spirits.

(v) "Secretary" means the secretary of revenue.

(w) "Temporary permit" means a temporary permit issued pursuant to K.S.A. 41-1201, and amendments thereto.

History: L. 1965, ch. 316, § 1; L. 1969, ch. 243, § 1; L. 1974, ch. 196, § 1; L. 1975, ch. 252, § 1; L. 1977, ch. 169, § 1; L. 1978, ch. 186, § 3; L. 1979, ch. 152, § 5; L. 1981, ch. 200, § 2; L. 1985, ch. 171, § 8; L. 1985, ch. 168, § 4; L. 1987, ch. 182, § 60; L. 1989, ch. 95, § 11; L. 1990, ch. 179, § 5; L. 1995, ch. 266, § 2; L. 2010, ch. 142, § 11; L. 2012, ch. 144, § 33; L. 2013, ch. 130, § 7; L. 2014, ch. 117, § 7; L. 2019, ch. 57, § 19; L. 2021, ch. 107, § 17; May 27.

Notes of Decisions
Cited in 14 cases, 1978–2013 · leading case: State Ex Rel. Schneider v. Kennedy, 587 P.2d 844 (Kan. 1978).
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State Ex Rel. Schneider v. Kennedy, 587 P.2d 844 (Kan. 1978). · cites it 28× “The issue in this case is whether the 1978 legislative amendments to K.S.A. 41-2601 et seq., and K.S.A. 41-803, authorize the maintenance of an "open saloon" in violation of article 15, section 10 of the Kansas constitution.”
Downtown Bar & Grill, LLC v. State, 273 P.3d 709 (Kan. 2012). · cites it 5× “A simple drinking establishment is any “premise[] which may be open to the general public, where alcoholic liquor by the individual drink is sold.”
City of Baxter Springs v. Bryant, 598 P.2d 1051 (Kan. 1979). · cites it 2× “sets forth an unreasonable, arbitrary classification of persons, specifically in that said ordinance prohibits conduct in and sets forth requirements applying to places with licenses for businesses selling cereal malt beverages, but does not prohibit such conduct or set such…”
Bigs v. City of Wichita, 23 P.3d 855 (Kan. 2001). · cites it 2× “41-2622, a section of the Club and Drinking Establishment Act, K.S.A. 41-2601 et seq., (Act) and set fees exceeding the statutoiy máximums.”
Jones v. the Grain Club, 605 P.2d 142 (Kan. 1980). “Jones, a black person, applied for membership in a Class B food and beverage club, such as is defined in K.S.A. 41-2601 as amended. The club refused to accept him as a *149 member.”
State Ex Rel. Kline v. Bd. of Comm'rs of Unified Gov't of Wyandotte Cty., 85 P.3d 1237 (Kan. 2004). “2d 524 (1972), the issue was the adoption of a ordinary ordinance requiring that any club licensed under the Private Club Act, K.S.A. 41-2601 et seq., be closed between the hours of 3 a.”
In Re the Tax Appeal of Newton Country Club Co., 753 P.2d 304 (Kan. Ct. App. 1988). “) was in effect for a portion of this period and read as follows: “The gross receipts derived from the sale by a club, as defined in K.S.A. 1979 Supp. 41-2601, of a drink containing alcoholic liquor, including any portion of the amount charged for any ingredient mixed with or…”
Colby Distrib. Co. v. Lennen, 606 P.2d 102 (Kan. 1980). · cites it 2× “The act has remained virtually unchanged except for the 1965 Private Club Act (K.S.A. 41-2601 et seq.) and the 1978 Restaurant Club Act (K.”
State v. Childs, 64 P.3d 389 (Kan. 2003). “41-2613, a provision of the Club and Drinking Establishment Act, K.S.A. 41-2601 et seq. On *339 appeal, Childs challenges the constitutionality of the statute, which maltes the right of immediate entry and inspection a condition of licensure for premises where alcoholic liquor…”
Woods v. Schneider, 581 P.2d 390 (Kan. 1978). · cites it 5× “While guests are registered at a hotel, the club located therein has an available and effective way to check on the facts of hotel registration and residence, which other clubs do not have. Enforcement of the present exception to the rule is practical; enforcement, if the…”
State ex rel. Kline v. Unified Bd. of Commissioners, 85 P.3d 1237 (Kan. 2004). “2d 524 (1972), the issue was the adoption of a ordinary ordinance requiring that any club licensed under the Private Club Act, K.S.A. 41-2601 et seq., be closed between the hours of 3 a.”
State Ex Rel. Schneider v. Kennedy, 586 P.2d 276 (Kan. 1978). · cites it 2× “The question presented here is whether the 1978 legislative amendments to K.S.A. 41-2601 et seq., and K.S.A. 41-803, authorize the maintenance of an “open saloon” in violation of Article 15, Section 10 of the Kansas Constitution.”
Show all 14 citing cases →
— K.S.A. § 41-2601(b)(3) — 1 case
Woods v. Schneider, 581 P.2d 390 (Kan. 1978). “While guests are registered at a hotel, the club located therein has an available and effective way to check on the facts of hotel registration and residence, which other clubs do not have. Enforcement of the present exception to the rule is practical; enforcement, if the…”
— K.S.A. § 41-2601(f) — 1 case
Downtown Bar & Grill, LLC v. State, 273 P.3d 709 (Kan. 2012). “A simple drinking establishment is any “premise[] which may be open to the general public, where alcoholic liquor by the individual drink is sold.”
— K.S.A. § 41-2601(i) — 1 case
Downtown Bar & Grill, LLC v. State, 273 P.3d 709 (Kan. 2012). “A simple drinking establishment is any “premise[] which may be open to the general public, where alcoholic liquor by the individual drink is sold.”
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