Kansas Department of Revenue Alcoholic Beverage Control - Legal Action Frequently Asked Questions

What happens after I submit my written request for a hearing?

Once your hearing request is received, your case will be placed on the next available hearing docket. An Acknowledgement of Request for Hearing will be sent to you within thirty (30) days of your request which will contain contact information for the Assistant Attorney General (AAG). You may contact the AAG directly to discuss potential settlement of the case at any time prior to the hearing. If no settlement can be reached, the hearing will be held as scheduled. You will receive a Notice of Hearing at least 10 days prior to the scheduled hearing date which will contain discovery deadlines, the hearing date, time and location. Please keep in mind that, even after receiving a Notice of Hearing, you may still attempt to settle your case up to the date of your hearing.

What is an administrative citation?

An administrative citation is a legal notice issued directly by an agent of the Alcoholic Beverage Control (ABC) or a local law enforcement officer advising the licensee of an alleged liquor or cereal malt beverage violation.

What happens after I receive an administrative citation?

Within 30 days, you will receive a copy of the citation by mail. Meanwhile the agent forwards the case for review by the ABC assistant attorney general who will either dismiss the citation OR forward it to the director recommending prosecution. If dismissal is recommended, you will receive a letter to that effect. If prosecution is recommended, you will receive a summary proceeding order with specific instructions.

What is a summary preceeding order?

A summary proceeding order is a legal notice signed by the director of the ABC that advises the licensee of an alleged liquor violation and the proposed penalty. This notice will contain a brief description of the alleged violation and the proposed penalty which can be a fine and/or license suspension; and/or filing and paying all liquor taxes and/or license revocation. This order will also explain your appeal rights.

Who is responsible for determining suspension and administrative fines?

The Director of the ABC.

How does the director determine suspensions and administrative fines?

Administrative fines and/or suspensions are determined by following the ABC penalty grid which takes into consideration the number, frequency and seriousness of the offenses alleged. The dates of the suspensions are determined by the director. The director may deviate from the established guidelines when mitigating or aggravating circumstances exist.

How long do I have to pay the administrative fine?

Payment instructions are included on each order. Under normal circumstances, this is 15 days from the date of service of the order.

What happens if I do not pay the administrative fine by the due date?

Failure to pay a fine as imposed by a Summary Proceeding Order would constitute a violation of the provisions of a lawful order issued by the Director. As such, the license could be subject to an additional administrative penalty, including additional fines, license suspension or license revocation.

Can I request a hearing with the Director of the ABC?

Yes. You may request an evidentiary hearing with the director; however, the request must be in writing and must be filed within 15 days after service of the order. The proceeding will be a full evidentiary hearing and will be conducted in the ABC office in Topeka. Such proceeding will be conducted in accordance with the provisions of the Kansas Administrative Procedure Act (KAPA).

When I request a hearing with the director of the ABC, where do I send it?

There are three (3) options:

1. Mail the request to:

Kansas Department of Revenue
Alcoholic Beverage Control Division
ATTN: ABC Legal
PO Box 3506
Topeka, KS 66601-3506

2. Email the request to KDOR_ABCLegal@ks.gov

3. Fax the request to 866-588-6471

What is a full evidentiary hearing?

A proceeding that is held before the director of ABC. The asistant attorney general assigned to the ABC and the licensee each present testimony and/or evidence at this hearing. At the close of the hearing, the director will make a ruling based upon the evidence and testimony presented. A final order will be issued documenting the outcome of the hearing. If the licensee is found guilty, a fine, suspension or revocation will be ordered.

What happens if I am unable to make my hearing date?

You may request a continuance in writing to the director of the ABC, who will review the request and make a decision as to whether a continuance will be granted. If the director grants your continuance request, the ABC will send you documents with the rescheduled date and time. If the director does not grant your continuance and you fail to appear, the hearing will be held without your presence and a proposed default order will be issued.

Do I have appeal options for a proposed default order?

Yes, you may request reconsideration by the director and instructions to do so are included in the order.

Do I have appeal options for a final order?

Yes, you may request an appeal and instructions to do so are included in the order. Any licensee aggrieved by an order of the director may appealby contacting ABC Legal at KDOR_ABCLegal@ks.gov to obtain the form.

Do I have appeal options for a final order issued by the secretary of revenue?

Yes, if the licensee wishes to appeal the decision of the secretary of revenue, there are further appeal options available by filing for judicial review per KSA 77-527. You will need to contact the district court clerk's office of jurisdiction to obtain specific filing instructions.

Do I need to be represented by an attorney?

This is your decision. You may represent yourself or you may be represented by an attorney.

Where can I pay my administrative fine?

There are three (3) payment options.

Pay online at https://ksabconline.gov/Login.aspx

Mail your certified payment to:
Kansas Department of Revenue
Alcoholic Beverage Control
ATTN: ABC Legal
PO Box 3506
Topeka, KS 66601-3506

Bring your certified payment in person to (Appointment required - call 785-296-7015):
Kansas Department of Revenue
Alcoholic Beverage Control
109 SW 9th Street, 5th Floor
Topeka, KS 66612
Hours: 8:00 - 4:00

ABC fines are to be made in certified funds (cashier's check or money order).

What happens if a licensee fails to abide with suspension dates mandated in a suspension order?

The licensee would be subject to additional fines, suspension or license revocation.

What activities can a licensee do during the suspension?

The Licensee must cease all alcohol related activities, which would include making purchases, sales or allowing consumption of alcoholic liquor or cereal malt beverages on the licensed premise. Food or other product sales may continue during the course of the suspension.

What is the difference between a license suspension and a license revocation?

A suspension is temporary in nature – it has a beginning and end date. A license revocation is forever; the licensee is banned from ever obtaining another liquor license in the state of Kansas.

What about criminal sanctions?

Selling or furnishing alcohol to a minor is a crime. An employee of a liquor licensee who sells alcohol to a minor can be criminally charged for the offense. The crime is prosecuted by the district or county attorney where the alleged violation occurred. This is in addition to the administrative citation that is issued against the liquor license by the ABC.

Where can I find the latest administrative actions?

The latest licensee administrative actions can be found at https://www.kdor.ks.gov/Apps/Misc/Miscellaneous/LiquorActions.