Kansas Statutes 41-2730. Violations of act; issuance of citations; civil penalties
Terms Used In Kansas Statutes 41-2730
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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 Kan. See Kansas Statutes 41-2701
- Director: means the director of alcoholic beverage control of the department of revenue. See Kansas Statutes 41-2701
- 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. See Kansas Statutes 41-2701
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) The director, or any properly designated agent of the director, may issue a citation for any violation of the Kansas cereal malt beverage act, or any rules and regulations promulgated thereunder, with regard to the sale, consumption or possession of beer containing not more than 6% alcohol by volume. Any such citation shall be issued in accordance with the provisions of Kan. Stat. Ann. § 41-106, and amendments thereto.
(b) In addition to or in lieu of any other civil or criminal penalty provided by law, the director, upon a finding that a retailer, as defined by Kan. Stat. Ann. § 41-2701(e), and amendments thereto, has violated a provision of the Kansas liquor control act or the Kansas cereal malt beverage act, or any rules and regulations promulgated thereunder, with regard to the sale, consumption or possession of beer containing not more than 6% alcohol by volume may impose upon such retailer a civil fine not exceeding $1,000 for each violation.
(c) No fine shall be imposed pursuant to this section except upon the written order of the director to the retailer who committed the violation. Such order shall state the violation, the fine to be imposed and the right of the retailer to appeal the order. Such order shall be subject to appeal and review in accordance with the Kansas administrative procedure act.
(d) Any fine imposed pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of Kan. Stat. Ann. § 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(e) This section shall be a part of and supplemental to the Kansas cereal malt beverage act.