Kansas Statutes Annotated

K.S.A. § 41-2701 (2026)

Definitions

✓ current as of May 2026

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41-2701. Definitions. As used in this act unless the context otherwise requires:

(a) "Cereal malt beverage" means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage, as defined in K.S.A. 41-2729, and amendments thereto, but does not include any such liquor which is more than 3.2% alcohol by weight.

(b) "Director" means the director of alcoholic beverage control of the department of revenue.

(d) "Person" means any individual, firm, partnership, corporation or association.

(e) "Retailer" means any person who is licensed under the Kansas cereal malt beverage act and who sells or offers for sale any cereal malt beverage or beer containing not more than 6% alcohol by volume for use or consumption and not for resale in any form.

(f) "Place of business" means any place at which cereal malt beverages or beer containing not more than 6% alcohol by volume are sold.

(g) "Distributor" means a beer distributor licensed pursuant to the Kansas liquor control act.

(h) "Legal age for consumption of cereal malt beverage" means 21 years of age, except that "legal age for consumption of cereal malt beverage" shall mean 18 years of age if at any time the provisions of P.L. 98-363 penalizing states for permitting persons under 21 years of age to consume cereal malt beverage are repealed or otherwise invalidated or nullified.

History: L. 1937, ch. 214, § 1; L. 1949, ch. 243, § 1; L. 1978, ch. 189, § 1; L. 1985, ch. 171, § 5; L. 1985, ch. 168, § 7; L. 1987, ch. 182, § 97; L. 2006, ch. 160, § 2; L. 2017, ch. 56, § 7; April 1, 2019.

Notes of Decisions

Cited in 3 cases, 1954–1978 · 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 2× “That same year a special session of the Kansas legislature agreed to submit to the voters of 1934 a proposed amendment to the Kansas constitution which provided: "The legislature may license and regulate the manufacture, sale, possession and transportation of all liquor having…”

City of Lyons v. Suttle, 498 P.2d 9 (Kan. 1972). · cites it 3× “735) An examination of the provisions of the Cereal Malt Beverage Act (K.S.A. 41-2701 et seq. ) discloses no pre-emptive clause of any kind in that act.”

Peterson v. Bd. of Cnty. Commissioners, 269 P.2d 450 (Kan. 1954). “1949, as sections 41-2701 to 41- *78 2712. As some of the sections were later amended they are shown in 1953 Supp.”

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