1 Serious or Disqualifying

Transcription

1 1 Serious or Disqualifying Acting as an agent of another Denying immediate entry to any law enforcement agent or officer (a) (a) (a) (c) (a) (a) (a) (d) (d) (c) (c) (c) Knowingly employing a person with a disqualifying conviction (b) (c) a(g) b(g) (f) (c) (b) (b) (b) (b) (d) (e) Failing to maintain food requirements (b) Employing manager who would not qualify for (d) license Giving false information or statements to the Alcoholic Beverage Control Division (a) (a) Having a conflicting interest (a) (b) (f) (a) (c) (d) (a) (b) (c) (e) (a) (e) (a) (b) (a) (b) The Director shall choose one of the following penalties: $1000 fine License Revocation $1000 fine and revocation Indefinite Suspension Penalties may vary based on aggravating or mitigating circumstances. 1

2 1 Serious or Disqualifying Operating while ineligible for licensure Transferring license to another person or entity Delivering or selling alcoholic liquor for resale to a (a) (d) person not authorized to receive such delivery Sell in federal area (a) Licensee has disqualifying conviction (a) (c) (a) (b) (a) (b) (a) (b) Operating under suspension The Director shall choose one of the following penalties: $1000 fine License Revocation $1000 fine and revocation Indefinite Suspension 2 Underage Public Safety Indirect selling to a minor (m) $500 per minor Permitting consumption or possession on the licensed premises by a minor Selling, giving, delivering, or furnishing alcoholic liquor to a minor (a) (m) (a) $750 per minor $1000 per minor $1000 per minor Suspension of 2 weekend days $1000 per minor Suspension of 4 weekend days Offense 7 $1000 per minor Suspension of 7 consecutive days $1000 per minor Suspension of 14 consecutive days Offense 8 $1000 per minor License revocation Penalties may vary based on aggravating or mitigating circumstances. 2

3 3 Public Safety Allowing a disorderly person to remain on the (e) $300 per count premises Allowing an intoxicated person to remain on the (j) $500 per count premises Intoxication of a licensee s manager or employee (d) (j) $750 per count while on duty Allowing any drinking contest or game (a) Suspension of 2 weekend days Offering free drinks (a) Offering unlimited drinks for fixed price (a) Suspension of 4 weekend days Selling below cost (a) (a) Suspension of 14 consecutive days Selling to a person incapacitated by the (a) consumption of liquor (f) Offense 7 License Revocation 4 Morals Any morals charge, as defined in K.S.A (n), on the licensed premises (f) (f) (e) (e) (e) (e) The director shall choose one of the following penalties: $1000 fine Suspension (duration to be determined by director) $1000 fine and a suspension (duration to be determined by director) License Revocation Penalties may vary based on aggravating or mitigating circumstances. 3

4 5 Operational Allowing access by a non-member Permitting access to a person who is not a valid guest of a member as defined by K.A.R (h) or K.A.R (h) Violating club membership regulations (a) (a) (a) (a) (c) Selling or allowing removal of liquor from the premises liquor outside legal hours a(d) b(c) (c) Engaging in prohibited trade practice (b) (b) Employing any person who is a licensed distributor, an employee of a licensed distributor, or a spouse of a licensed distributor (a) (a) (a) (a) (f) (b) (c) (g) (l) (c) (b) (b) (b) (b) Being open to the public without prior approval (a) (a) Employing a retailer (b) (b) (b) (b) Serving or allowing consumption of any cereal malt beverage on the licensed premises outside legal hours Serving, mixing or allowing the consumption of any alcoholic liquor on the licensed premises after legal closing hours (a) (b) a(d) b(c) (c) (c) Improper delivery by a retailer (a) Selling or delivering liquor to unlicensed premises (a) Selling to a county not adjacent to the licensed premises (a) Delivering liquor outside legal hours (a) (f) $300 per count $500 per count Suspension of 2 weekend days Suspension of 4 consecutive days Suspension of 7 consecutive days Offense 7 License Revocation OR Other penalty to be determined by the Director Penalties may vary based on aggravating or mitigating circumstances. 4

5 5 Operational Sell alcoholic liquor in glass containers at public venues (b) $300 per count Sell or serve more than two drinks at a time to any one customer at (b) Public venues $500 per count Sell or serve alcoholic beverages exceeding legal limit on size or (l) alcohol content (a) Allowing entertainment or gambling on the RLS premises (c) (a) Allowing members to warehouse alcohol (b) (b) (b) Allowing open container on premises (h) Employing a person who does not meet the age requirement (a) (g) a(g) b(g) (f) (c) (b) (b) (b) (b) Comingling liquor inventory with another licensee (d) Mixing any substance with liquor on retail premises (i) Buying on credit from any distributor (a) (n) Selling on credit (n) (a) Refilling original containers (q) (a) (a) (a) (c) Acting in violation of the rights of a license a a b Suspension of 2 weekend days Suspension of 4 consecutive days Suspension of 7 consecutive days Offense 7 License Revocation OR Other penalty to be determined by the Director Penalties may vary based on aggravating or mitigating circumstances. 5

6 5 Operational Permitting the removal from the licensed premises of alcoholic liquor or cereal malt beverage sold by the licensee, without having properly re-sealed and packaged the container. Acquire liquor from unauthorized source (a) (a) (a) (a) (e) (e) (f) (e) (f) (e) (f) (a) (c) (d) (a) (c) (d) (a) (c) (d) (a) (c) (d) (a) (c) Unauthorized activity relating to retailer tasting events d Allowing another to use the licensed premises (k) Allowing consumption on or about the RLS premises, except for (a) (i) product samples d Selling CMB without a CMB license (b) (b) (b) (g) (c) Providing or selling anything of value other than alcoholic (b) (g) liquor. Unlawful sale of domestic wine at a farmer s market Commingling the operation and sales of a manufacturer and a farm winery Failing to maintain customer wine storage area in accordance with law (c) (e) (e) $300 per count $500 per count Suspension of 2 weekend days Suspension of 4 consecutive days Suspension of 7 consecutive days Offense 7 License Revocation OR Other penalty to be determined by the Director Penalties may vary based on aggravating or mitigating circumstances. 6

7 6 Tax Compliance Failure to timely file and/or pay liquor enforcement, liquor drink or gallonage taxes, penalty, interest or any combination a a $250 per tax period $500 per tax period $1000 per tax period $1000 per tax period License Revocation 7 Administrative Failing to submit required reports (b) (c) (o) (d) Fail to conspicuously post sign that drink prices include retail liquor excise tax Failing to keep a membership roster on the (d) licensed premises Failing to display the state license Failing to notify director of possession of a cereal malt beverage license (a) (a) (a) Offense 7 Offense 8 $200 per count $400 per count $600 per count $800 per count Suspension of 1 weekday Suspension of 2 weekdays Suspension of 2 weekend days (Monday - Thursday) (Monday - Thursday) Offense 9 Suspension of 4 weekend days 0+ Suspension of 7 consecutive days (To be determined by the Director) Penalties may vary based on aggravating or mitigating circumstances. 7

8 7 Administrative Failing to retain the required records (d) (e) (o) (k) (f) (e) (b) (e) (g) (e) (g) (e) (g) (h) (e) (g) (d) Failing to register any brand or label with the (b) director Failing to pay brand/label fee (b) Failing to post a temporary permit (b) Failing to adequately define the boundary of the (a) (b) temporary event premises (e) Failing to provide a current drink price list (e) Storing alcoholic liquor off the licensed premises (e) (a) (a) (a) Maintaining an inside entrance (b) Failing to obtain or display a federal wholesale (a) permit Failing to provide invoices (b) (c) $200 per count $400 per count $600 per count $800 per count Suspension of 1 weekday (Monday - Thursday) Offense 7 Suspension of 2 weekdays (Monday - Thursday) Offense 8 Suspension of 2 weekend days Offense 9 Suspension of 4 weekend days 0+ Suspension of 7 consecutive days (To be determined by the Director) Penalties may vary based on aggravating or mitigating circumstances. 8

9 7 Administrative Failing to tag kegs (a) (a) $200 per count Failing to tag kegs - CMB (a) (a) Failing to record and/or maintain keg registration (a) (d) $400 per count records (g) $600 per count Failing to record and/or maintain keg registration (a) (d) records CMB (g) $800 per count Extending premises without approval by the Director Moving location of licensed premises without approval by the Director Failing to notify the director within 10 days of a catered event Failing to display a caterer s license or other required information Failing to properly notify local law enforcement of a catered event (e) (d) (b) (f) (d) (c) (d) (e) Employing a manager without notifying Director (c) Failing to pay the local license or occupation tax (j) (l) (a) per count 1000 per count Offense 7 Offense 8 Offense 9 0+ Suspension of 1 weekday Suspension of 2 weekdays Suspension of 2 weekend days Suspension of 4 weekend days Suspension of 7 consecutive days (Monday - Thursday) (Monday - Thursday) (To be determined by the Director) Penalties may vary based on aggravating or mitigating circumstances. 9