The bill establishes a regulatory framework for third-party delivery services to deliver alcoholic liquor and cereal malt beverages on behalf of licensed retailers in Kansas. It introduces a new third-party delivery service permit, requiring an application fee of $1,500, and mandates that delivery personnel be at least 21 years old, possess a valid driver's license, and have no felony convictions. The bill outlines the responsibilities of both the delivery service and the retailer, including compliance with training requirements, age verification, and liability for delivery-related violations. It specifies that deliveries must occur within the state and only to locations where retail sales of alcoholic beverages are permitted, while also clarifying that retailers are not liable for the actions of third-party services unless they have contractually agreed to retain responsibility.
Additionally, the bill amends several sections of the Kansas liquor control laws, updating definitions related to alcoholic beverages and the roles of retailers and third-party delivery services. It allows retailers to contract with third-party services for deliveries, provided these services hold a valid permit, and mandates that the Secretary of Revenue adopt necessary rules for implementation. The bill also emphasizes the importance of training for delivery personnel and grants the director authority to audit records for compliance. It includes provisions for seeking damages against third-party services for violations and establishes that the bill's provisions are severable, ensuring that if any part is invalidated, the remaining provisions will still be enacted. The bill will take effect immediately upon publication in the statute book.
Statutes affected: As introduced: 41-102, 41-327, 41-2601, 41-1201, 41-2701, 41-2728