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AN ACT concerning intoxicating liquors and beverages; relating to farm
  wineries; amending K.S.A. 41-308a and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  K.S.A. 41-308a is hereby amended to read as follows: 41-
308a. (a) A farm winery license shall allow:
  (1)  The manufacture of domestic table wine and the storage thereof;
  (2)  the purchase of wine or distilled wine products from other per-
sons, including licensees and permittees under the liquor control act, for
use in blending, mixing or bottling of wines;
  (2) (3)  the sale of wine, manufactured by the licensee, to licensed
wine distributors, retailers, clubs, drinking establishments and caterers;
  (3)  the sale, on the licensed premises in the original unopened con-
tainer to consumers for consumption off the licensed premises, of wine
manufactured by the licensee;
  (4)  the serving on the licensed premises of samples of wine manufac-
tured by the licensee and the sale by the glass or in unbroken packages
of wine manufactured by the licensee for the consumption on or off the
licensed premises;
  (4) (5)  the serving on the licensed premises of samples of wine man-
ufactured by the licensee or imported under subsection (f), if the prem-
ises are located in a county where the sale of alcoholic liquor is permitted
by law in licensed drinking establishments; and
  (5) (6)  if the licensee is also licensed as a club or drinking establish-
ment, the sale of domestic wine and other alcoholic liquor for consump-
tion on the licensed premises as authorized by the club and drinking
establishment act.
  (b)  Upon application and payment of the fee prescribed by K.S.A.
41-310 and amendments thereto by a farm winery licensee, the director
may issue not to exceed two winery outlet licenses to the farm winery
licensee. A winery outlet license shall allow:
  (1)  The sale, on the licensed premises in the original unopened con-
tainer to consumers for consumption off the licensed premises, of wine
manufactured by the licensee; and
  (2)  the serving on the licensed premises of samples of wine manu-
factured by the licensee or imported under subsection (f), if the premises
are located in a county where the sale of alcoholic liquor is permitted by
law in licensed drinking establishments.
  (c)  Not less than 60% of the products utilized in the manufacture of
domestic table wine by a farm winery shall be grown in Kansas except
when a lesser proportion is authorized by the director based upon the
director's findings and judgment. The label of domestic wine shall indi-
cate that a majority of the products utilized in the manufacture of the
wine at such winery were grown in Kansas.
  (d)  A farm winery having a capacity of 50,000 gallons per year or more
which sells wine to any distributor shall be required to comply with all
provisions of article 4 of chapter 41 of the Kansas Statutes Annotated and
of K.S.A. 41-701 through 41-705 and 41-709, and amendments thereto,
in the same manner and subject to the same penalties as a manufacturer.
  (e)  A farm winery or winery outlet may sell domestic wine in the
original unopened container to consumers for consumption off the li-
censed premises at any time between 6 a.m. and 12 midnight on any day
except Sunday and between 12 noon and 6 p.m. on Sunday. If authorized
by subsection (a), a farm winery may serve samples of domestic wine and
wine imported under subsection (f) and serve and sell domestic wine and
other alcoholic liquor for consumption on the licensed premises at any
time when a club or drinking establishment is authorized to serve and
sell alcoholic liquor. If authorized by subsection (b), a winery outlet may
serve samples of domestic wine and wine imported under subsection (f)
at any time when the winery outlet is authorized to sell domestic wine.
  (f)  The director may issue to the Kansas state fair or any bona fide
group of grape growers or wine makers a permit to import into this state
small quantities of wines. Such wine shall be used only for bona fide
educational and scientific tasting programs and shall not be resold. Such
wine shall not be subject to the tax imposed by K.S.A. 41-501 and amend-
ments thereto. The permit shall specifically identify the brand and type
of wine to be imported, the quantity to be imported, the tasting programs
for which the wine is to be used and the times and locations of such
programs. The secretary shall adopt rules and regulations governing the
importation of wine pursuant to this subsection and the conduct of tasting
programs for which such wine is imported.
  (g)  At a public celebration off the winegrower's premises a farm win-
ery licensee may conduct tastings of, sell in unbroken packages for con-
sumption at other than the public celebration, wine manufactured by such
licensee. As used in this subsection, ``public celebration'' includes any state
or county fair, community fiesta or festival, cultural or artistic event,
sporting competition of a seasonal nature, arts and crafts fairs, trade
shows, commercial events or activities held on an intermittent basis if such
public celebration occurs in a county where the sale of alcoholic liquor is
permitted by law in licensed drinking establishments.
  (g) (h)  A farm winery license or winery outlet license shall apply only
to the premises described in the application and in the license issued and
only one location shall be described in the license.
  (h) (i)  No farm winery or winery outlet shall:
  (1)  Employ any person under the age of 18 years in connection with
the manufacture, sale or serving of any alcoholic liquor;
  (2)  permit any employee of the licensee who is under the age of 21
years to work on the licensed premises at any time when not under the
on-premise supervision of either the licensee or an employee of the li-
censee who is 21 years of age or over;
  (3)  employ any person under 21 years of age in connection with mix-
ing or dispensing alcoholic liquor; or
  (4)  employ any person in connection with the manufacture or sale of
alcoholic liquor if the person has been convicted of a felony.
  (i) (j)  Whenever a farm winery or winery outlet licensee is convicted
of a violation of the Kansas liquor control act, the director may revoke
the licensee's license and order forfeiture of all fees paid for the license,
after a hearing before the director for that purpose in accordance with
the provisions of the Kansas administrative procedure act.
  (j) (k)  This section shall be part of and supplemental to the Kansas
liquor control act.
  Sec. 2.  K.S.A. 41-308a is hereby repealed.
  Sec. 3.  This act shall take effect and be in force from and after its
publication in the statute book.