Brad Pistotnik Law
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What will be the effect of the changing beer sales laws on April 1, 2019?

What will be the effect of the changing beer sales laws on April 1, 2019?

Up until now convenience stores and grocery stores have only been able to sell 3.2 beer.Oklahoma passed a similar law that went into effect October 1, 2018 except that under the Oklahoma law convenience stores can also sell wine. Colorado’s law is almost identical to Kansas and went into effect January 1, 2019.

On April 1, 2019, House Sub for Senate Bill 13 goes into effect.This law makes numerous changes to alcohol sales but the biggest change is now Dillons and Quiktrip stores can sell cereal malt beverage (CMB) up to 6% alcohol by volume (ABV).The following is a summary of how the law impacts CBM retailers:

  • CMB retailers may sell beer that is 6% ABV or less in addition to CBM products;
  • No additional licensing is required;
  • The ABC director has oversight of beer sales by CMB licensees to ensure an orderly market.
  • CMB retailers are required to request permission from the ABC director to sell beer or CMB below the acquisition cost.The CMB retailer cannot carry such product for 12 months after the product has been sold.
  • There are no changes to the hours of sale or employee age requirements.
  • Rules and regulations have promulgated as required and can be found on the Secretary of State’s website.They will also be published soon on the ABC website.
  • CMB retailers cannot offer samples of beer or CMB.
  • Industry members are authorized to do tasting or sampling activities at a CMB retail establishment as authorized by K.A.R. 14-10-17 referencing 27 CFR 6.95.
  • CMB retailers are not authorized to wholesale to on premise licensees.
  • CMB retailers must purchase their beer or CMB from a beer distributor.

Supporters of the bill have claimed this law will benefit consumers because they now have a wider variety of places to shop and there is a dwindling market for 3.2 beer.However, opponents to the bill believe it will drive the small privately owned liquor stores out of business.Furthermore many people believe this new law will allow minors to have great access to alcohol and lead to more DUI deaths.As Rep. John Carmichael, D-Wichita, explained about the bill “That’s going to result in the diversion of alcohol to minors.”

More minors drinking will likely lead to more DUIs and DUI related deaths in Kansas.Studies posted by AlcoholAlert! Show that in 2014 there were 385 traffic related deaths in the state of Kansas.Out of those deaths, 121 (31%) were alcohol related.103 of these deaths (27%) involved a BAC in the crash that was 0.08 or higher.

According to Mothers Against Drunk Driving (MADD) there are already over 300,000 incidents of drunk driving every day.These incidents result in approximately 10,265 deaths a year and 290,000 injuries per year.

The Bull Attorneys regularly represent people or families who have been injured or killed by a drunk driver.Tony Atterbury just settled a case a few weeks ago where a drunk driver crossed the center-line on Sunday afternoon and struck a mother and daughter head one.Both had to be life watched to a hospital in Denver, Colorado.The mother sustained multiple broken bones, underwent numerous surgeries and will have a significant amount of future treatment. Her daughter received a skull injury and will have to undergo scar revisions.The Bull Attorneys know that your life can change in a second by a drunk driver.If you or a loved one has been injured by a drunk driver give us a call.When will come to your home or the hospital if that is easier for you.We don’t charge for our consultations.We will come see you for free.

Our main office is at 10111 East 21st, Street North Suite 204, Wichita, Kansas 67206.We also have an office in Garden City located at 3102 East Kansas Avenue Suite 100 Garden City, Kansas 67846.You can reach us at 316-684-400 or 800-241-BRAD.

Every client and their case gets individual attention at Brad Pistotnik Law.We give each and every client our personal cell number.Brad Pistotnik’s cell number is 316-706-5020.Tony Atterbury’s cell number is 316-617-9237.

If the insurance companies don’t make you a fair offer we will file suit and go to court.We have five lawyers on our office that litigate cases every day.We file over 100 lawsuits a year and take hundreds of depositions.You need to let the insurance company know that when they treat you unfairly you have lawyers that will stand up for you.We are The Bull Attorneys. ®