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  • Friday, May 24, 2013 2:28 PM | Anonymous member (Administrator)

    It was a rocky road to adoption for the Conference Committee Report on HB 2199. The bill was passed on May 22, 2013 by the House of Representatives (89-23). The Senate approved the amended report May 15 (39-0). The bill was sent back to conference committee twice to remove sections that legislators in the House and the Senate ultimately opposed. Read more...

    Other Legislation -

    HB 2206 - the Uncork Kansas retail liquor deregulation bill was tabled by the House Commerce Committee and is not expected to see any further action this session. However, the Uncork Kansas proponents have been running paid newspaper advertisements and have been featured on radio in recent weeks. KABR members must continue to stand up to these tactics.

    Read more here: By Uncork Kansas Coalition

  • Thursday, May 23, 2013 11:45 AM | Anonymous member (Administrator)

    The bill now awaits the Governor's signature. It was a rocky road to adoption for the Conference Committee Report on HB 2199. The bill was passed on May 22, 2013 by the House of Representatives (89-23). The Senate approved the amended report May 15 (39-0). The bill was sent back to conference committee twice to remove sections that legislators in the House and the Senate ultimately opposed.

     

    See the Bill Brief and full printout of the Conference Committee Report.

     

    Contents of Sub for HB 2199: (The sections that did not survive are marked "CC Deleted" and were NOT passed.)

     

    SB 7 -

    • ABC Citations must be processed within 90 days - with some allowance for extensions.
    • Clarifies that liquor store product tastings may include spirits mixed with ice or other beverages.
    • Inserts the language necessary to make liquor store tastings and microdistillery language supplemental to the Liquor Control Act, and clarifying that the rules and regulations that have been established will be legally binding.
    • CC Deleted - Provision to allow liquor to be served at events in the State Capitol as authorized by the Legislative Coordinating Council (House Commerce Committee amendment)

    House Sub for SB 36 –

    • Allows sampling in the clubs and drinking establishments – no charge allowed, limited to five samples, sizes limited. The House committee inserted two parts of SB 7 into the bill. Includes taxation of product used for sampling. Requires the samples to be drawn from the inventory with the licensee paying the drink tax on that inventory, based on the acquisition cost.
    • Contains amendments to the restrictions placed on the employees of drinking establishments / on-premise licensees, formerly part of SB 35. Will allow the employee of an on-premise licensee to have up to three liquor-related violations before being disqualified from employment. The House Committee reinstated the prohibition against anyone who had a felony from working for a liquor licensee.

    SB 203 –

    • Free Wine/Liquor for the general public at Arts Events - New exception for serving complimentary liquor on unlicensed premises for an event benefitting the arts if approved by a local ordinance. (Senate floor amendment)
    • Allows pitchers of margaritas, mojitos, sangria (In response to ABC interpretation of the 64 oz. beer pitcher limitation passed by 2012 Legislature. (Original bill)
    • Hotels serving complimentary liquor at guest receptions, drink coupons. (Original bill)
    • The bill also deletes the requirement for price lists in on-premise establishments. (original bill)
    • CC Deleted -Self-service liquor machines where licensee has control of consumption and access, has video surveillance and smart card operations for on-premise licensees. (Senate Committee amendment). It had not been introduced as a bill, but was amended into SB 203. This provision had been amended to be limited to casinos and allow wine only by the conference committee. This issue created a great deal of heartburn for legislators - some opposed allowing self-service, some opposed giving casinos a privilege not allowed for other on-premise licensees.
    • CC Deleted -Citizenship provision – stating any U.S. citizen can get a liquor license, removing the 10 year requirement. (House Committee amendment) This issue is repeatedly brought up by legislators as a late amendment on behalf of someone in Johnson County, but never introduced as a bill on its own merit. We expect to see the issue next session.

    HB 2223 – CC Deleted

    • Homebrewer's bill - the conference committee was forced to delete this section, that would have allowed homebrewers to serve their product to people outside of their families and to hold public competitions. This bill had been delayed when the original bill was opposed by the ABC. Ultimately, the proponents accepted the compromise language put forward by the ABC, but the bill did not move through the legislative process to be passed by either Chamber prior to the end of the regular session. We expect to see this bill next session.

    HISTORY:

    April 3, 2013 - The combined conference committee report on HB 2199 became the new liquor mega-bill at the end of the regular session, and initially included House Sub for SB 7, SB 35, SB 36, SB 203, and HB 2223.

     

    April 5, 2013 - The conference committee report was adopted by the Senate after extensive debate, with most of the controversy focused on a provision to allow liquor in the Capitol for certain occasions. The report was sent back to conference by the House of Representatives when a rules challenge determined that including HB 2223 - the Homebrewers' legislation - in the report was a violation of the Joint Rules of the House and Senate because it included the language of an entire bill that had not passed either Chamber. The liquor in the Capitol provision was also heavily debated in the House - and also had not been passed by the full Senate or House.

     

    May 8, 2013 - The conference committee met and agreed to remove the sections of the bill that had not passed either chamber: homebrewer's provision, reduced U.S. citizenship requirement, and liquor in the Capitol.

     

    May 10, 2013 - The Senate rejected the conference committee report and sent it back to conference on a motion by Senator Masterson (24-14) based on objections to the casinos self-service machines provision.

     

    May 14, 2013 - The conference committee met and agreed to remove the casino self-service machine language.

     

    May 15, 2013 - The Senate passed CCR for Sub H 2199 on a vote of 39-0.

     

    May 22, 2013 - The House passed CCR for Sub H 2199 on a vote of 89-23.

     

    Other Legislation -

    HB 2206 - the Uncork Kansas retail liquor deregulation bill was tabled by the House Commerce Committee and is not expected to see any further action this session. However, the Uncork Kansas proponents have been running paid newspaper advertisements and have been featured on radio in recent weeks. KABR members must continue to stand up to these tactics.

    Read more here: By Uncork Kansas Coalition

  • Tuesday, May 21, 2013 4:31 PM | Anonymous member (Administrator)
    Salina Commissioner: Current law restrains trade  5.21.13
    Article by The Associated Press
    SALINA - Salina's city commission will consider allowing liquor sales in the city on Sunday.
    The possibility arose during discussion of an ordinance to allow microbreweries. Current Salina law prohibits Sunday sales of packaged liquor and cmb. Read the article.  

  • Thursday, May 02, 2013 12:25 PM | Anonymous member (Administrator)

    KABR is hosting several legislative luncheons to provide a forum for retailers to interact with their local legislators.  Saturday, August 24, legislators will take time out from their campaigns to have lunch with area retailers from Johnson and Wyandotte Counties. 

    We will also be hosting legislators in Wichita at our Annual Meeting October 12.  Future events will be scheduled in Topeka, Manhattan, Lawrence and other locations to be announced.  If you are a retailer in one of these regions, it is imperative that you plan to participate in this very important opportunity.  Your legislators do not know or understand your issues unless you make the effort to keep them informed.

    For assistance in scheduling legislative meetings in your area, contact me..

  • Wednesday, March 20, 2013 7:48 PM | Anonymous member (Administrator)

    The following release by Uncork Kansas inaccurately states that some committee members voted "yes" in favor of HB 2206 and some committee members voted "no" - when, in fact, there was no vote to approve the bill.  There were motions to amend and a motion to table - but no vote was taken to pass or to not pass the bill.  Even more incredibly, Uncork Kansas states that Rep. Marvin Kleeb voted "yes", when he actually did not vote at all during the meeting, because he is the Chairman and presided over the debate.  KABR takes accurate reporting seriously, and our reports aim to give you accurate and specific information.

    House Commerce Committee Votes to Table HB 2206

    Mar20, 2013  In the Headlines

    Dear Uncork Kansas Supporters:

    We’re disappointed to report that Monday, March 18, 2013, the House Commerce Committee voted to table HB 2206. As you’re familiar, this was the bill that would have made it legal for Kansas consumers to buy full strength beer and wine from a grocery or convenience store.

    However, we are not giving up. You and thousands more have expressed your desire to see this legislation passed. We’re committed to continuing our work at the legislative level to enact a law that would finally let consumers decide where they purchase legal alcohol products.

    We need your help to do it. Legislators need to hear from you in the form of personal emails, calls, letters, visits to local legislative forums, and social media posts. Please share your voice.

    Below is the list of legislators in the House committee and how they voted on Monday’s legislation. Please take a minute to call or email the legislators in the House committee who voted “yes” and thank them for looking out for Kansas consumers.

    Voted “YES” in support of HB2206 and consumer choice:

    Rep. Marvin Kleeb
    Phone: 785 296-7680
    Email:
    marvin.kleeb@house.ks.gov

    Rep. Gene Suellentrop
    Phone: 785 296-7681
    Email:
    gene.suellentrop@house.ks.gov

    Rep. J. R. Claeys
    Phone: 785 296-7670
    Email:
    jrclaeys@house.ks.gov

    Rep. Travis Couture-Lovelady
    Phone: 785 296-4683
    Email:
    travis.couture-lovelady@house.ks.gov

    Rep. Mark Hutton
    Phone: 785 296-7673
    Email:
    mark.hutton@house.ks.gov

    Rep. Josh Powell
    Phone: 785 296-7674
    Email:
    joshua.powell@house.ks.gov

    Rep. Allan Rothlisberg
    Phone: 785 296-7653
    Email:
    allan.rothlisberg@house.ks.gov

    Rep. Ron Ryckman Jr.
    Phone: 785 296-6287
    Email:
    ron.ryckman@house.ks.gov


    Voted “NO” to letting you decide where to purchase beer and wine:

    - Rep. Stan Frownfelter

    - Rep. Steve Brunk

    - Rep. Richard Carlson

    - Rep. Will Carpenter

    - Rep. Ken Corbet

    - Rep. Michael Houser

    - Rep. Louis Ruiz

    - Rep. Annie Tietze

    - Rep. Brandon Whipple

    Thank you for your continued support.

    Cheers,

    The Uncork Kansas Coalition

  • Monday, March 18, 2013 5:16 PM | Anonymous member (Administrator)

    Today, the House Commerce Committee tabled HB 2206 - the Big Box Liquor bill - by a narrow margin. 

    The Committee adopted an extensive amendment by Rep. Hutton (R-Wichita) to allow only wine and beer at grocery/convenience stores, create a longer transition period and minimize the overall number of liquor licenses.  It is a complicated amendment and the description was emailed to you this weekend. 

    A local option amendment offered by Rep. Rothlisberg (R-Junction City) failed – would have required cities and counties to opt out if they did not want to have big box, grocery or convenience store sales.  Another amendment was adopted to try to make it difficult for the tax transfer to cities and counties to be swept by the State.  A new balloon is supposed to be drafted that would show these changes to the underlying bill. 

    We do not know if the Committee will pull the bill from the table to work it this session, or perhaps choose to revisit the amended version during the 2014 Legislative Session.

    Please shower the Representatives who voted to table the bill with thanks.  Send your appreciation to all of the Committee members for spending a great deal of time considering the serious implications of restructuring the retail liquor industry in Kansas.

    This is not over.  It would take only one or two committee members to change their votes and resurrect the bill.

    The Chairman, at this point, does not seem interested in spending any more time with this debate as the regular session days wind down. 

  • Wednesday, February 27, 2013 4:57 PM | Anonymous member (Administrator)

    The public hearing for HB 2206 has been changed from March 6 to Thursday, March 7, 2013. The Hearing on the Big Box Liquor bill will be in the House Commerce Committee (click to see committee information).

    The Chair hopes to start the Committee by 1:00 p.m. and offer 1 hour for proponents and 1 hour for opponents to testify. The bill may be voted on within a few days of the hearing. We hear the proponents are advertising their willingness to change the bill to Strong Beer and Wine, or perhaps even just Strong Beer, if that will gain them the votes needed to pass the bill out of committee.

    KABR will host a lunch in the Statehouse to begin at 11:00 a.m. in the 3rd floor south wing of the State Capitol. Every retailer should plan to attend, and bring employees, family and others who care about preserving local small business. Invite your legislator to meet you at the lunch.

    The key to this issue continues to be one-on-one meetings with your legislators. The days of "phoning it in" are over. The delayed hearing provides more opportunities for retailers to meet with their legislators. Please schedule those meetings as soon as you can get on the legislator's schedule to visit with them in person, whether in Topeka or when they are in their hometowns.

    This hearing was initially planned for February 19-20, but was rescheduled due to large number of issues this Committee is handling prior to Turnaround Day - March 1. It is being set back again to avoid being on the first day back from their Turnaround break. The Legislature will not meet March 4 or 5, so legislators should be available in their hometowns on those days.

    Since HB 2206 is exempt from deadlines, it can be postponed beyond the Turnaround deadline for bills to be considered in their House of Origin. That exempt status comes from its introduction in the House Taxation Committee, an "exempt" committee.

    Register to attend HERE. Skip the login option.

    Read the Big Box Liquor bill here.

    And this is what it will cost the State - NOT including the loss in payroll taxes, property taxes, and income to communities and related small businesses!

    Regardless of how many times the Uncork Kansas Coalition inaccurately calls the 761 independently owned liquor stores of Kansas a "monopoly" - Kansas licensed liquor stores are NOT a monopoly. Check out this handout. The Coalition representatives don't know the difference between a monopoly-controlled marketplace and regulation with licensure. Why would we give faceless, out-of-state corporations that don't comprehend the need for regulation and licensure - and mistake it as some type of market manipulation - the serious responsibility of selling alcoholic liquor for the state?

    2013 Comments in Opposition to HB 2206 - CLICK HERE.

  • Thursday, January 31, 2013 8:04 PM | Anonymous member (Administrator)
    Jan. 31, 2013. Today, Rep. J.R. Claeys, R-Salina, requested the House Taxation Committee introduce the Expansion of Free Markets and Public Sector Deregulation Act - the 2013 version of the Big Box Liquor bill promoted by grocery and convenience stores.  Introducing the bill in the Taxation Committee makes the bill exempt from deadlines, although the bill is expected to be assigned to the House Commerce Committee.

    The day began with a crowd of Dillons managers and employees gathered in the Statehouse rotunda, then dispersing to meet with individual legislators. On Tuesday, it was the Hy-Vee luncheon for all legislators as well as a briefing. See notes here.

    The legislation is not yet available to the public. Once it is drafted and released, we will make copies available here. The House Commerce Committee is expected to schedule public hearings in two weeks or so. This allows a short period of time for you to have a meaningful conversation with your legislators before the bill could start moving through the House. Find contact information for legislators at www.kslegislature.org.

    It is imperative that retailers plan to come to Topeka to meet with legislators in person as soon as possible. Plan now to come to Topeka for the public hearings later this month, as well. Uncork Kansas is putting on a show of force in the Statehouse with dozens of lobbyists declaring that consumers are demanding convenience.

    Legislators must hear from the hundreds of people who will be negatively affected by corporate liquor deregulation - including the many other businesses who count on local small businesses, your insurance agent, your banker, your POS vendor, and your landlord. Read about it.

    At this point, there is no bill in the Senate. It appears the Senate is not interested in entertaining a Big Box Liquor bill unless it passes the House of Representatives.

    Come to Topeka to Meet with Legislators - schedule appointments with your legislators for Monday or any day you can make it to Topeka. If you need help, contact Amy by email or phone 785-969-1617.

    Monday, February 4, KABR will present comments to the KLEAR organization during their luncheon meeting at the Statehouse. Retailers are encourage to attend - see below.

    REGISTER FOR EVENTS Skip the login option.

  • Monday, January 21, 2013 6:51 AM | Anonymous member (Administrator)
    Join your fellow Kansas retailers January 28 at the State Capitol in Topeka to enjoy breakfast with legislators and industry friends. Each and every one of us must plan to go to Topeka in person to stand up for our businesses this session and there is no time to waste.

    The 2013 Kansas Legislative Session is off to a quick start, and the UnCork Kansas group has a large team of paid lobbyists who have been pushing the Big Box Liquor agenda since the 2012 session ended. Kansas retailers must stand up to be counted now.

    A new bill has not yet been introduced, but the proponents say they hope to move the bill quickly. KABR will keep you informed when the bill is released and hearings are scheduled. Please make time to talk to your Kansas Senator and Representative today.

    GOLD Strategy Dinner - Sunday, Jan. 27, 6:00 p.m. Blue Moose, 3030 SW Wanamaker, Topeka, KS 66614

    Legislative Breakfast Reception - Monday, Jan. 28, 7:30 a.m. to approximately 9:30 a.m. Kansas Statehouse, 3rd floor south wing

    KABR Board Meeting - Monday, Jan. 28, 10:00 a.m. - 12 noon, Clubhouse Inn and Suites, 924 Henderson Road, Topeka, KS 66615, 785-273-8888

    Meet with Legislators - schedule appointments with your legislators for Monday or any day you can make it to Topeka. If you need help, contact Amy by email or phone 785-969-1617.

    All members are welcome to attend all events.

    REGISTER FOR EVENTS Skip the login option.

  • Friday, January 04, 2013 10:18 PM | Anonymous member (Administrator)

    Even longtime political watchers were surprised to see the Kansas Chamber jump out front on the Big Box Liquor issue in 2013.  No sooner had Kansas retailers finally gone home for a well-deserved rest after the holiday season and recording their inventories, when the Kansas Chamber announced in newspapers across the state that it would be urging legislators to pass legislation to allow alcoholic liquor to be sold in grocery stores and convenience stores. 

    The Kansas Chamber flexed considerable muscle during the 2012 elections to elect conservative Republican legislators.  Only time will tell if the Chamber actually intends to make deregulation of retail liquor a true priority on its policy wish list this year... and more importantly, whether or not our independent Kansas retailers went out and supported candidates during the elections themselves.

    http://cjonline.com/news/business/2013-01-07/kansas-legislative-business-delving-liquor-taxes-unions#.UOxpeb-NUlA.email

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