Here's the official "Carrie Nation" endorsed version:
http://www.ksrevenue.org/abchistory.htm Here are the relevant current statutes:
A Brief History of Alcoholic Beverages in Kansas - Part 4 - The Mid 80s to the Present
The 1985 Legislature passed three provisions that would prove to have a profound impact on the sale of alcoholic beverages in Kansas. Laws were passed to raise the drinking age for 3.2 beer from 18 to 21 and to prohibit "happy hours". The legislature also approved a referendum for the voters of Kansas to once again decide whether to allow the sale of liquor-by-the-drink to members of the public during the 1986 general election. A Liquor Law Review Commission was established that would conduct a comprehensive review of the liquor laws and recommend changes to overhaul the Liquor Control Act should the voters approve the liquor-by-the-drink constitutional amendment.
In an effort to reduce the incidence of drunk driving, federal legislation was passed that would end the flow of dollars to the states for highway construction unless the states raised their drinking age for alcohol to 21. The drinking age for 3.2 beer was set at 18 when it (cereal malt beverage) was legalized in 1937. The drinking age for strong beer, wine and spirits was set at 21 when they were legalized in 1949. Kansas, like every other state, did in fact, raise the drinking age for 3.2 beer to 21, phasing it in one year at a time. By July 1, 1987, the change in the drinking age was complete. This change had a major impact on the retail sale of alcoholic beverages and on the focus of liquor enforcement efforts. The legislature authorized five new agent positions for the Alcoholic Beverage Control (ABC) to enforce the new law.
In another attempt to make the highways safer, the 1985 legislature enacted the ban on happy hours. The new law required bars and restaurants to maintain the same price for each drink throughout the business day. This eliminated two-for-the-price-of-one deals, 25 cent shots and other price-changing attempts to draw a crowd for a short period of time, e.g., right after work. The provisions of the happy hour law that prohibited persons from having more than one drink in front of them at a time or possessing pitcher of beer for one person's consumption were deleted by the 1986 Legislature.
The liquor-by-the-drink resolution was a result of a compromise between the Senate which wanted a statewide up or down vote and the House which wanted a range of restrictions. The resolution included provisions that would allow liquor-by-the-drink only in those counties where voters approved it and only in establishments that maintained at least 30% of their gross sales of food and beverages in the sale of food. It also would allow voters in counties that voted for liquor-by-the-drink (wet counties) to remove the 30% food requirement during subsequent general elections.
After decades of battling, liquor-by-the-drink was finally passed by the voters in the 1986 election by a 59.9% to 40.1% margin. Bars and restaurants in the 36 counties approving the measure could legally sell liquor to members of the public for the first time since 1880.
The 1987 legislature approved legislation implementing the constitutional change consistent with the recommendations of the Liquor Law Review Commission. Drinking establishments were created as a category of licensees allowed to sell liquor-by-the-drink. The new law also provided for the sale of liquor-by-the-drink on unlicensed premises by licensed caterers and by persons holding temporary permits issued by ABC, a measure not recommended by the commission. The legislature enacted several other recommendations made by the Liquor Law Review Commission including a ban on licensees selling liquor below acquisition cost, the creation of the microbrewery license type, allowing distributors to sell bulk wine directly to drinking establishments and private clubs, and permitting liquor retailers to deliver products to drinking establishments and clubs in their counties and adjacent counties. Sunday sales of 3.2 beer were legalized for establishments that maintain at least 30% of their gross receipts of food beverages in the sale of food. The prohibition against price and brand advertising was lifted.
Through the state's general election in November of 1998, a total of 11 counties have voted in liquor by the drink with no food requirements, 48 have voted in liquor by the drink with a 30% food requirement and 46 have not voted in liquor by the drink. Those 46 counties are the ones often referred to as "dry counties."
Another change that produced a dramatic change in the retail sale of liquor was produced by a Kansas Attorney General's opinion that the law requiring liquor retailers to mark up their prices a certain percentage was an unconstitutional violation of anti-trust laws. This opinion followed a U.S. Supreme Court decision that struck down similar laws in New York state. The lack of competition and the artificially high prices that this law caused resulted in created a situation where Kansas had a high number of retail liquor stores per capita compared to other states. When the minimum price markup law was rescinded, the number of liquor stores dropped sharply.
Changes in the liquor laws have been few and relatively insignificant since 1987. The minimum liquor container size law was repealed in 1993, allowing for the sale of "mineature" bottles. The election day ban on the sale of alcoholic beverages for off-premise consumption was removed in 1994. Hotels that are licensed as drinking establishments were allowed to have mini bars in guest rooms in 1995. The spouse of a retail liquor licensee was allowed to obtain a license in 1996.
Throughout the state's history, the regulation of alcoholic beverages in Kansas has been a source of controversy with change efforts often producing a heated dialogue. As we move into our fifty-second year of regulating alcoholic beverages in Kansas, we at ABC look forward to the challenges that lie ahead in the 21st Century.
