SESSION OF 2021
SUPPLEMENTAL NOTE ON SENATE BILL NO. 126
As Amended by House Committee on Federal
and State Affairs

Brief*
SB 126, as amended, would modify the Club and
Drinking Establishment Act by authorizing the sale of
alcoholic liquor by specific organizations for special events
and making clarifications concerning the sale of mixed
alcoholic beverage pitchers by a public venue, club, drinking
establishment, caterer, or holder of a temporary permit.

Special Events
[Note: Continuing law defines a “class A club” (club) as a
premises that is owned or leased by a corporation,
partnership, business trust, or association and that is
operated as a bona fide nonprofit social, fraternal, or war
veterans’ club, as determined by the Director of Alcoholic
Beverage Control (Director), for the exclusive use of the
corporate stockholders, partners, trust beneficiaries, or
associates (members) and their families and guests
accompanying them.]
The bill would authorize a club to offer the sale and
service of alcoholic liquor on the club’s licensed premise to
individuals outside of members, families, and accompanying
guests during events held at the club.
An “event” would be defined by the bill as any function,
occasion, celebration, or other event held on the licensed
premises for a contractually specified duration of time and
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
during which individuals who are not members of the
licensee, their families, or guests are permitted to enter and
use the licensed premises.
The bill would also require a club hosting an event to
provide electronic notice to the Director no less than 48 hours
prior to the event. The Director would then be required to
provide notification to local law enforcement agencies. The
bill would require such notice consist of the date, time,
location, and names of the contracting parties of the event. All
agreements, receipts, and records of alcohol purchased at
events would be required to be retained by the licensee for a
minimum of three years for inspection by the Director.

Sale of Mixed-Drink Pitchers
Current law allows the sale of beer, cereal malt
beverage, and certain mixed alcoholic beverages in a pitcher
of up to 64 fluid ounces by a public venue, club, drinking
establishment, caterer, or holder of a temporary permit.
The bill would specify a mixed beverage means a
beverage made by combining alcoholic liquor with other
edible substances that is composed of at least 25 percent of
nonalcoholic liquid or other edible substance, including, but
not limited to, margarita, sangria, daiquiri, or mojito.
The bill would specify a pitcher is a container that
contains between 32 fluid ounces and 64 fluid ounces that is
used to serve alcoholic liquor to one or more individuals, and
does not include an individual drink.

Technical Amendments
The bill would also make technical adjustments to
ensure consistency in statutory phrasing.


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Background
The bill was introduced by the Senate Committee on
Commerce at the request of Senator Olson.

Senate Committee on Commerce
In the Senate Committee hearing, proponent testimony
was provided by a representative of American Legion Post
#153. The proponent generally stated that the bill would allow
them to better generate revenue needed to offset dwindling
memberships by being able to host more events that desire to
serve alcohol.
No neutral or opponent testimony was provided.

House Committee on Federal and State Affairs
In the House Committee hearing, proponent testimony
was provided by Senator Olson and a representative of
American Legion Post #153, who stated the bill, by allowing
alcoholic beverages to be served, would attract more people
to use class A clubs for their events. Written-only proponent
testimony was provided by another representative of
American Legion Post #153.
No neutral or opponent testimony was provided.
The House Committee amended the bill to include
provisions concerning the sale of mixed alcoholic beverage
pitchers.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, the Department of
Revenue estimates enactment of the bill would increase
expenditures of $10,500 from the State General Fund for FY
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2022 to make changes to the Class A handbook and
implement an electronic notification system for licensees to
report special events to Alcoholic Beverage Control.
Both the Kansas Association of Counties and League of
Kansas Municipalities state the bill could impact local
government revenues due to increased liquor taxes as well
as expenditures for increased law enforcement costs. No
estimates could be made however.
Any fiscal effect associated with the bill is not reflected
in The FY 2022 Governor’s Budget Report.
Alcohol; class A clubs; ABC; commerce; mixed alcoholic beverage; pitcher


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Statutes affected:
As introduced: 41-2601, 41-1201, 41-2637
As Amended by House Committee: 41-2601, 41-1201, 41-2637, 41-2640