March 20, 2020

Division of Alcoholic Beverage Control issues memos to liquor licensees

TOPEKA - By statute, the Kansas Department of Revenue's Division of Alcoholic Beverage Control is granted discretionary powers in the interest of public health and welfare. Today, Debbi Beavers, Director of the Kansas Alcoholic Beverage Control, sent guidance notices to alcoholic beverage distributors and liquor stores concerning COVID-19.

A memo to state liquor licensees outlined a provision made to allow curbside sales to customers. There must be a designated "to-go" parking area located within 50 feet of the entrance of licensed premises. Sales outside of that radius are strictly prohibited.

The guidance also extends current law that allows restaurants to package alcoholic beverages with a tamper-resistant seal and accompanied with a receipt. This will allow bottles of beer and wine in the original container to be sold curbside along with meals.

This memo to liquor licensees can be viewed here: (https://ksrevenue.org/pdf/abccurbsidememo.pdf)

A separate memo to alcoholic beverage distributors said alcoholic liquor purchased for an event that is canceled due to COVID-19 concerns may be returned without the Director's approval and not be considered in violation of Federal law regarding consignment sales.

The memo also does not require a direct signature for delivery by distributors. Instead, distributors are required to print the first and last name of the delivery recipient and make their own initials next to the recipient's name.

The memo to distributors can be viewed here: (https://ksrevenue.org/pdf/COVID19abcdistributormemo.pdf)

The Division has taken a proactive approach and is in the process of extending all liquor licenses that expire now through April 30, 2020, for an additional 30 days to ensure licenses do not expire during this time.