Mar 23, 2021

State Fair alcohol bill to be debated this afternoon

Posted Mar 23, 2021 11:32 AM

HUTCHINSON, Kan. — A bill that would expand the area and times where alcohol could be consumed on the Kansas State Fairgrounds is scheduled to be debated this afternoon.

According to a supplemental note posted on the Kansas Legislature's website,  SB 2 would amend law related to the consumption of alcohol on the grounds of the Kansas State Fair (State Fair) and collection of associated liquor taxes.

Under current law, persons may not consume alcoholic liquor on the State Fairgrounds unless the consumption falls within certain exceptions, including:

● Domestic wine and beer or wine imported under a farm winery license and consumed for purposes of judging competitions;

● During certain permitted events of 75 people or less that are not a part of the annual State Fair event; or

● During the State Fair event in certain premises subject to a temporary permit that authorizes the sale and service of wine or beer.

The bill would amend these provisions to specify that alcoholic liquor could be consumed on the State Fairgrounds within boundaries that have been marked with a three-dimensional barrier if:

● It is domestic beer or wine and is consumed only for purposes of judging competitions; or

● It is wine, beer, or both that is sold during the State Fair event, or as authorized by the Kansas State Fair Board (Board), by the holder of a temporary permit in accordance with the provisions of the bill.

Temporary Permit

The bill would amend law to allow issuance of a temporary permit for the sale of wine or beer on the State Fairgrounds during the State Fair event or as authorized by the Board, provided the Board has authorized such consumption and possession of beer, wine, or both.

The bill would require any temporary permit application to specify the premises within the State Fairgrounds where wine or beer could be consumed, including a diagram of the premises covered by the permit. The bill would require the diagram to match the entirety of the premises as leased from the Board. Additionally, the bill would require the boundaries of the State Fairgrounds to be clearly marked by signs, a posted map, or other means that would identify the area in which wine or beer could be possessed or consumed.

The bill would further provide that each temporary permit holder would be liable for violations that occur in the temporary premises, but permit holders could also allow beer or wine to be removed from the temporary premises and onto the State Fairgrounds.

Distribution of Liquor Drink Taxes

Under current law, 25 percent of remitted liquor drink taxes are distributed to the State General Fund (SGF) and 5 percent of remitted liquor drink taxes are distributed to the Community Alcoholism and Intoxication Programs Fund (CAIPF), with the remaining taxes distributed to the Local Alcoholic Liquor Fund (LALF).

The bill would require 30 percent of the liquor drink taxes collected on the State Fairgrounds to be remitted to the SGF and the remaining taxes to be distributed to the State Fair Capital Improvements Fund (SFCIF). The bill would further specify that if the State Fair event were to be located outside the city limits of Hutchinson, the distribution provisions would expire.

The bill is on the Kansas Senate's General Orders for Tuesday. Their session is scheduled to start at 2:30 p.m.