Form Abc-830 - Temporary Permit Application And Agreement Instructions printable pdf download

Kansas Department of Revenue

Alcoholic Beverage Control Division

915 S.W. Harrison Street, Room 214

Topeka, KS 66625-3512

Phone: 785-296-7015 Fax: 785-296-7185

Temporary Permit Application and Agreement Instructions

The Kansas Liquor Control Act and the Club and Drinking Establishment Act offer four different types of Temporary Permits which allow:

•

the sale and consumption of alcoholic liquor on an unlicensed premise that is open to the public and is located in a county that has

approved liquor by the drink (On Premise),

•

the auction of alcoholic liquor in the original container for fundraising activities (Charitable Auction),

•

the sale of limited edition porcelain containers for fundraising activities (Porcelain Container); or,

•

the sale and consumption of of alcoholic liquor on public streets, alleys, roads or highways at special events as defined by K.S.A. 41-

719(a)(2).

The non-refundable fee for the temporary permit is $25 per day. Permit applications must be received by the ABC at least 14

days prior to the event. Permits not received at least 14 days prior to the event will be returned.

Do I need to apply for a temporary Permit?

Certain fundraising activities by charitable organizations and political committees are exempt from the temporary permit

requirements under K.S.A 41-401(h)

To be exempt from obtaining a temporary permit, the following conditions must be met:

•

the event at which the alcoholic liquor is served must be an official fundraising event of the organization,

•

the event must be sponsored by either a “charitable organization” or by a “candidate, party or political committee,” as defined in the

statutes referenced in subsection (h). For further explanation, see ABC Policy Memo 2003-3,

•

the alcoholic drinks served must be complimentary. “Complimentary” is not defined in the liquor statues or regulations. Therefore, the

common usage definition as found in most dictionaries will be sued: “given free as an act of courtesy”. As used in a fundraising setting,

this means that there is no charge made to patrons specifically for the alcoholic liquor and the patrons do not pay anything of value

specifically to receive the alcoholic liquor.

Who may apply for a Temporary Permit?

Organizations or individuals may apply for a temporary permit provided they meet the qualifications pursuant to K.A.R. 14-23-3. The

following permit types are available:

Charitable Auction: Charitable organizations may apply for one (1) permit per calendar year.

On-Premise: Charitable organizations or individuals may apply for four (4) permits per calendar year. Each permit can be for up to

three (3) consecutive days.

Porcelain Container: Individuals may apply for one (1) permit per calendar year.

Special Event*: Organizations or individuals may apply for four (4) permits per calendar year. Each permit can be for up to thirty

(30) consecutive days, with the Director’s approval. City ordinance or county resolution is required for such event.

*A special is defined by K.S.A. 41-719(a)(2). Alcoholic liquor may be consumed at a special event held on public streets, alleys, roads, sidewalks or

highways when a temporary permit has been issued pursuant to K.S.A. 41-2645 for such special event. Such special event must be approved, by

ordinance or resolution, by the local governing body of any city, county or township where such special event is being held. No alcoholic liquor may

be consumed inside vehicles while on public streets, alleys, roads or highways at any such special event.

What qualifications must I meet to be eligible for a Temporary Permit?

Each of the following must meet the qualifications in Section 5: individual applicants; all association managers, owners, officers,

directors or members; all partners in a partnership; and, corporate officers, managers, directors or stockholders owning a beneficial

interest in the corporation.

What are my responsibilities if I am issued a Temporary Permit?

The permit holder is responsible for all violations of the Club and Drinking Establishment Act or Liquor Control Act; associated

regulations (K.A.R. 14-23-01) and all applicable city, county, state and federal laws.

The permit holder must be present at all times during the event or designate another person(s) to be responsible for the conduct of

the event if the permit holder is absent.

Complete information and responsibilities can be found in the Handbook for Temporary Permits on our website at:

Where may I purchase alcoholic liquor to be sold at the event?

You may only purchase alcoholic liquor from a licensed Kansas Retailer that also possesses a Federal Wholesale Liquor Dealer

permit or from a Kansas Farm Winery named on your application. (K.A.R. 14-23-8)

Liquor Drink Tax:

On-Premise temporary permit holders are required to collect and pay Liquor Drink Tax. The liquor drink tax return is due by the 25

day of the month following your event.

ABC-830 (Rev. 7.1.12)

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Form Abc-830 - Temporary Permit Application And Agreement Instructions

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