Alcohol shipping laws in Kansas

(a) For the purposes of this act, the term "winery" means any maker or producer of wine whether in this state or in any other state, who holds a valid federal basic wine manufacturing permit. The terms "director" and "secretary" mean the same as defined in K.S.A. 41-102 , and amendments thereto. (b) Any winery may be authorized to make direct shipments of wine to consumers in this state upon obtaining a special order shipping license from the secretary pursuant to this act. (1) A special order shipping license shall only be issued to a winery upon compliance with all applicable provisions of this act and the regulations promulgated pursuant to this act, and upon payment of a license fee in the amount of $100. The license term for a special order shipping license shall commence on the date specified on the license and shall end two years after that date. (2) A special order shipping license shall entitle the winery to ship wine upon order directly to consumers for personal or household use in this state. The purchaser shall pay the purchase price and all shipping costs directly to the permit holder. Enforcement taxes collected herein shall be paid solely on the purchase price and not on the shipping costs. (c) No holder of a special order shipping license shall be permitted to ship in excess of 12 standard cases of wine of one brand or a combination of brands into this state to any one consumer or address per calendar year.
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(e) A special order shipping license shall not authorize the shipment of any wine to any premises licensed to sell alcoholic beverages pursuant to this act or the club and drinking establishment act.
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(g) The holder of a special order shipping license shall collect all gallonage taxes imposed by K.S.A. 41-501 et seq., and amendments thereto, shall on a monthly basis electronically remit such taxes in a manner prescribed by the secretary and shall accompany such remittance with any reports, documentation or other information as may be required by the secretary. In addition, an applicant for and a holder of a special order shipping license, as a condition of receiving and holding a valid license, shall: (1) Collect and pay the applicable Kansas enforcement tax on each sale shipped to a consumer in Kansas imposed by K.S.A. 79-4101 et seq., and amendments thereto;

(a) No person shall manufacture, bottle, blend, sell, barter, transport, deliver, furnish or possess any alcoholic liquor for beverage purposes, except as specifically provided in this act, the club and drinking establishment act or article 27 of chapter 41 of the Kansas Statutes Annotated, and amendments thereto, except that nothing contained in such acts shall prevent:
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(7) the sale of wine to a consumer in this state by a person which holds a valid license authorizing the manufacture of wine in this or another state and the shipment of such wine directly to such consumer, subject to the following: (A) The consumer must be at least 21 years of age; (B) the consumer must purchase the wine while physically present on the premises of the wine manufacturer; (C) the wine must be for the consumer's personal consumption and not for resale; and (D) the consumer shall comply with the provisions of K.S.A. 41-407 , and amendments thereto, by payment of all applicable taxes within such time after purchase of the wine as prescribed by rules and regulations adopted by the secretary;

(a) No person shall manufacture, bottle, blend, sell, barter, transport, deliver, furnish or possess any alcoholic liquor for beverage purposes, except as specifically provided in this act, the club and drinking establishment act or article 27 of chapter 41 of the Kansas Statutes Annotated, and amendments thereto, except that nothing contained in such acts shall prevent:
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(7) the sale of wine to a consumer in this state by a person which holds a valid license authorizing the manufacture of wine in this or another state and the shipment of such wine directly to such consumer, subject to the following: (A) The consumer must be at least 21 years of age; (B) the consumer must purchase the wine while physically present on the premises of the wine manufacturer; (C) the wine must be for the consumer's personal consumption and not for resale; and (D) the consumer shall comply with the provisions of K.S.A. 41-407 , and amendments thereto, by payment of all applicable taxes within such time after purchase of the wine as prescribed by rules and regulations adopted by the secretary;

(d) (1) Before accepting an order from a consumer in this state, the holder of a special order shipping license shall require that the person placing the order to state affirmatively that such person is 21 years of age or older and shall verify the age of such person placing the order either by the physical examination of an approved government issued form of identification or by utilizing an internet based age and identification service approved by the director of alcoholic beverage control or the director's designee. (2) Every shipment of wine by the holder of a special order shipping license shall be clearly marked 'Alcoholic Beverages, Adult Signature Required' and the carrier delivering such shipment shall be responsible for obtaining the signature of an adult who is at least 21 years of age as a condition of delivery.

§1716. Injurious articles as nonmailable
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(f) All spirituous, vinous, malted, fermented, or other intoxicating liquors of any kind are nonmailable and shall not be deposited in or carried through the mails.
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(June 25, 1948, ch. 645, 62 Stat. 781; May 8, 1952, ch. 246, 66 Stat. 67; June 29, 1955, ch. 224, 69 Stat. 191; Pub. L. 85–268, Sept. 2, 1957, 71 Stat. 594; Pub. L. 85–623, §5, Aug. 12, 1958, 72 Stat. 562; Pub. L. 91–375, §6(j)(25), Aug. 12, 1970, 84 Stat. 779; Pub. L. 92–191, §1, Dec. 15, 1971, 85 Stat. 647; Pub. L. 99–570, title X, §10003, Oct. 27, 1986, 100 Stat. 3207–167; Pub. L. 103–322, title VI, §60003(a)(7), title XXXIII, §330016(1)(H), Sept. 13, 1994, 108 Stat. 1969, 2147; Pub. L. 104–294, title VI, §607(g), Oct. 11, 1996, 110 Stat. 3511; Pub. L. 107–273, div. B, title IV, §4002(b)(2), (6), Nov. 2, 2002, 116 Stat. 1807; Pub. L. 109–435, title X, §1008(d), Dec. 20, 2006, 120 Stat. 3261.)

Only FedEx-approved, licensed alcohol shippers that have entered into a FedEx Alcohol Shipping Agreement may ship alcohol via FedEx services. Consumers may not ship alcohol of any type via FedEx services.
For all alcohol shipments, you’ll need to sign a FedEx Alcohol Shipping agreement. Contact your FedEx account executive for details and assistance and if you don't have an assigned account executive, call FedEx Customer Services at 1.800.463.3339.
Adult signature service option. State law, as well as FedEx policy, requires an adult signature at the time of delivery for every U.S. package containing alcohol. It is your responsibility to ensure the adult signature requirement service option is selected so that FedEx requests and obtains the required adult signature. A $5.75 fee per shipment applies for this service.

FedEx currently only permits wine shipments under licensee-to-consumer agreements; beer and spirits require licensee-to- licensee.
Licensee-to-consumer
FedEx only transports wine licensee-to-consumer.

UPS only accepts packages containing wine from shippers who are licensed under applicable law and who have signed and entered into a contract with UPS for the transportation of wine.
All wine shippers must enter into a UPS Agreement for Approved Wine Shippers.
All alcohol shippers must schedule a consultation call or speak to their Account Manager to review UPS alcohol shipping policies, submit copies of your state licenses, and complete a shipping agreement.
The ability to ship wine depends upon the nature of the shipper's license to sell wine, and the laws of the destination states. UPS permits the following types of wine shipments:
Shipments of wine from licensed shippers may be shipped to licensed consignees, where permitted by applicable law. For example, a licensed manufacturer may ship to a licensed distributor, or a licensed distributor may ship to a licensed retailer, so long as the shipments are made in accordance with applicable law. "Licensed to Licensed" shipments cannot be made to consumers.
All wine shipments must be made using the UPS Delivery Confirmation Adult Signature Required service, requiring the signature of an adult 21 years of age or older upon delivery.
Some states also allow shipments of wine from out-of-state licensed wine retailers to consumers. These states are known as "Retailer Direct Shipment States." Shipments of wine from licensed out-of-state retailers may be made to consignees in "Retailer Direct Shipment States" subject to all of the conditions applicable to Winery Direct Shipment States, except that the purchase is made from a licensed out-of-state retailer rather than a winery. Refer to Addendum A for approved Retailer Direct Shipment States.
All shippers who wish to ship wine must enter into either the UPS Agreement for Approved Wine Shippers, or the UPS Wine Industry Fulfillment House Agreement For Approved Wine Shippers. UPS DOES NOT ACCEPT SHIPMENTS OF WINE FROM SHIPPERS WHO HAVE NOT ENTERED INTO ONE OF THESE AGREEMENTS.