https://www.kansasstatefair.gov/p/participate/commercial-vendors/commercial-vendor-info/food--other-percentage-guidelines

FOOD, ALCOHOL & PERCENTAGE PARTNER RULES (Concession Ownership, Selling Concession Trailer/Operation)

AUDIT OF PERCENTAGE CONCESSIONAIRES

The Fair reserves the right to audit sales of percentage concessionaires. The Fair may use any form of audit technique it deems necessary. Such audits will not unduly harm or hinder normal sales activity.

CONCESSION APPEARANCE

The outside of concession trailers should be kept in repair and appealing to the public. Concession trailers must have professional skirting. If hitch on trailer is not removable professional skirting should obscure the hitch. Soft drink canisters, equipment, product, etc., stored outside concession must be concealed with professional looking tent/canvas screening or attractive fencing.

PERCENTAGE PAYMENTS

Exhibitors must report daily gross sales using the Percentage Log Form supplied by the Commercial Exhibits Department. Reports are due each day by 1:00 p.m. for the previous day’s sales. Late reports will incur a $50 per day fee. Z-Tapes must be submitted no later than Monday, September 21, 2026. Payments may be made at the Cashier window, where the Cashier will initial and return the Exhibitor’s copy as verification. Final payment is due no later than 12:00 p.m. on Monday, September 21, 2026. Minimum payments are required if gross sales do not meet the amount specified in the Exhibitor Space Rental Agreement.

Discrepancies on Percentage Payments

Adjustments will be made immediately for any discrepancies discovered during the Fair, whether in favor of the Exhibitor or the Fair. Discrepancies of $5 or more found after the Fair will be addressed promptly. If the discrepancy is in favor of the Exhibitor, a refund check will be mailed. If the discrepancy is in favor of the Fair, an invoice will be sent with payment due within 15 days. Discrepancies of $5 or less will not be refunded or collected.

FOOD TICKETS

The Kansas State Fair issues $1 Food Tickets for use at food vendor booths. Please read the following guidelines carefully to ensure compliance:

Acceptance Requirements

• All Exhibitors must accept $1 Food Tickets as a valid form of payment.
• Change must be provided for any purchase where the ticket value exceeds the item price, up to $1.
• Food Tickets may NOT be used to purchase alcoholic beverages.
• Non-compliance with this policy may result in the Exhibitor being ineligible to return to the Kansas State Fair the following year.
• All staff must be trained and aware of this program.

Sales Reporting & Ticket Handling

• All Food Tickets received must be included in your daily gross sales on the Percentage Log Form.
• Tickets must be bundled by day, with the following clearly marked:
  • Exhibit Name
  • Date
  • Number of Tickets

Reimbursement Process

• A payment voucher will be issued on Sunday, September 20, 2026, once final gross sales are reported.
• Take the voucher to the Cashier Window for reimbursement:
  • Up to $2,000: Reimbursed on-site at the Cashier Window.
  • Over $2,001: Must be reported by noon on Monday, September 21, 2026, and will be mailed a check within 10 days.
  • Tickets reported after September 21 will be mailed a check within 30 days of submission.

GREASE DISPOSAL

This service is free of charge and has been arranged by the Fair.If an Exhibitor does not have a grease barrel on their exhibit space or concession facility, please contact the Commercial Exhibits Department for the location of the nearest one. Grease disposal is the responsibility of each Exhibitor. Grease MAY NOT be disposed of in a regular trash receptacle. A FINE OF $300 WILL BE ASSESSED TO ANY CONCESSIONAIRE WHO DOES NOT PROPERLY DISPOSE OF GREASE. The Fair staff is NOT responsible for cleaning up after any Exhibitor.

Grease, liquid, or solid waste will not be dumped in the sewage or storm drainage system. A $300 fine will be levied to each concessionaire in the area of a drain clog caused by the above. If the clogged drain is in the area of more than one concessionaire, all concessionaires in that area may each be assessed a $300 fine, as there is no way of determining the perpetrator. Grease may not be disposed of in the regular trash pickup.

Grease disposal barrel/vat placement will be communicated to each concessionaire exhibit space prior to the Fair.

HOOD/GREASE TRAP CLEANING & HOOD INSPECTION REQUIREMENTS

Exhibitors operating food exhibits in buildings owned by the Kansas State Fair are required by law to maintain proper cleaning and inspection of their hood and grease trap systems. Each exhibitor must have their hood and grease trap professionally cleaned once per year, with the cleaning completed no later than December 15, 2026. An invoice confirming the service, including the cleaning company's name and license number, must be submitted to the Commercial Exhibits Office for verification. In addition to annual cleaning, hood systems must also be inspected twice a year—in February and August. The Fair has arranged for Pye-Barker to perform these inspections, and exhibitors will receive an invoice from the Commercial Exhibits Department outlining the associated charges.

INSPECTIONS – POST FAIR

The Commercial Exhibits Department will conduct inspections of all exhibits on the Fairgrounds. These inspections will be conducted after October 1^st of each year. If premises are not completely vacated by October 1, 2025, there will be a $100 per day fee added until completely vacated. Concessions to be inspected will be those remaining on the Fairgrounds, year-round, and those remaining on the grounds at the time of the inspection. The intent of these reviews is:

• To ensure there are no physical plant issues.

• To discourage any insect and/or rodent infestation.
• To discourage mold, mildew, fungus, or any other issues produced by food and/or food by-products.

Each concession inspected will receive a letter of our findings. Any defects and/or changes will be noted with a day of the second inspection.

KANSAS DEPARTMENT OF AGRICULTURE – FOOD ESTABLISHMENT RULES

Exhibitors serving food/drink items shall be governed by the rules of the Kansas Department of Agriculture (KDA), and the Fair. All regulations and fees are subject to change without further notice.

Food Establishment License Requirements and Renewals

The following is a partial summary of important food safety requirements. A complete listing of the Food Safety Regulations is available by contacting KDA at (785) 564-6767 or kda.fsl@ks.gov . You may view and download a copy of the Kansas Food Code at: https://www.agriculture.ks.gov/divisions-programs/food-safety-and-lodging/laws-regulations-code-for-food-safety-lodging

Food establishment, per K.S.A. 65-656, means any place in which food is served, prepared, or offered for sale or service on the premises or elsewhere. Food Establishment does not include roadside markets that offer only whole fresh fruits, nuts, and vegetables for sale. Food Establishment includes, but is not limited to: eating or drinking establishments, fixed or mobile restaurants, coffee shops, cafeterias, short-order cafes, luncheonettes, tea rooms, grills, sandwich shops, soda fountains, taverns, private clubs, roadside stands, industrial-feeding establishments, catering kitchens, commissaries, and any other private, public, or nonprofit organizations routinely serving food; and; grocery stores, convenience stores, bakeries, locations where food is provided for the public with or without charge.

The food establishment licensure and inspection program is mandated by state law (K.S.A. 65-689) and requires all facilities operating for seven or more days in a calendar year, regardless of location, to be inspected and licensed. For any food establishment to obtain a license, compliance with certain standards must be determined through on-site evaluations. Licenses must be renewed or postmarked by March 31, 2025. Licenses renewed or postmarked between April 1, 2025 and April 30, 2025 must pay a $25 late fee. Licenses that are not renewed or postmarked by April 30, 2025 must reapply and pay the license fee and application fee.

Inspectors will inspect all licensed food facilities at the Fair. The Fair requires an Exhibitor to purchase a valid Kansas Food Establishment License unless exempted by law. An Exhibitor’s facility must comply with food safety regulations before a license is issued. Failure to comply with food code standards could result in the closure of your food establishment and removal from the Fairgrounds. Facilities that are exempt from licensure are still subject to inspection.

All new applications for food establishments must be submitted to the Kansas Department of Agriculture by Friday, August 22, 2025. Food establishment license and renewal fee information is available at https://www.agriculture.ks.gov/licenses/food-and-lodging-applications-and-licenses/license-information-food-safety. If you are a new vendor or your license is expired, you must also pay the appropriate application fee. To expedite processing, please write ‘State Fair’ on the application. Please mail applications and fees to:

Kansas Department of Agriculture

Food Safety and Lodging

1320 Research Park Drive

Manhattan, KS 66502

Phone: (785) 564-6767

Credit card payments may be made by completing and faxing the credit card payment form and license application form to (785) 564-6779. The credit card form is available at: https://www.agriculture.ks.gov/home/showpublisheddocument/1044/638491402141604697.

No license is transferable from one facility to another, nor is a license transferable from one owner to another. Construction of a new food establishment requires prior submission of building plans for approval to the Kansas Department of Agriculture.

Any new vendor without a Kansas Food Establishment License must call the Kansas Department of Agriculture prior to opening at the Fair, to schedule an appointment for a license inspection.

All licensing inspections will occur on the morning of Friday, Sept. 5, 2025. Please contact the Kansas Department of Agriculture at (785) 564-6767 to schedule an appointment.

Food Sampler exhibitors are not required to have a food establishment license but will need to make sure that their stand or area is adequately equipped to provide the ability to wash hands and to wash, rinse, and sanitize utensils as needed for safe food preparation. Food samplers may only provide a small quantity of food (not a meal or entrée) without charge, in order to promote, advertise, or compliment the sale of food or associated food preparation equipment.

Minimum Facility Requirements

• All facilities must have a potable water supply, with hot and cold water under pressure.
• All establishments must have accessible hand washing facilities with hot and cold water under pressure, within their facility.
• Food preparation areas must be totally enclosed. Openings to the outside shall be protected in some manner, i.e., screening, walls, ceiling, etc., unless approved by the Kansas Department of Agriculture.
• There shall be no “open air” or outside food preparation areas, unless adequately protected and approved in advance by the Kansas Department of Agriculture.
• Adequate dish washing facilities must be provided within each facility. A three-compartment sink is required. Each compartment of the sink must be large enough to submerge the largest piece of equipment or utensil unless alternative methods or procedures are approved in advance by the Kansas Department of Agriculture.
• Food products must be adequately protected at all times from any potential source of contamination.
• All facilities must have an adequate wastewater disposal system. Liquid wastes must be disposed of in a sanitary sewer, not a storm sewer or on the ground.
• All facilities must not have any imminent health hazards, such as sewage backup, lack of hot water, pest infestation, etc.
• Demonstration of knowledge is required of the person in charge, with knowledge of food borne illness prevention, applications of Hazard Analysis Critical Control Point (HACCP) principles, and the requirements of the Kansas Food Code.
• Capacity to maintain proper food temperatures, including hot holding, cold holding, reheating, cooling, and cooking.
• All facilities must have proper food thermometers and sanitizer testing methods (test strips or test kits).

Food Safety Requirements

• Keep any food that requires time and temperature control for safety (such as meat, dairy products, eggs, poultry, fish, heat treated vegetables, sprouts, cut melons, cut tomatoes, and cut leafy greens) at 135°F or above or 41°F or below at all times.
• Wash hands as often as is necessary to keep them clean and to prevent contamination of food. Hands should also be washed before starting work, after eating, after drinking, after smoking, after touching the face and/or hair, after handling raw meats, after using the restroom, before dawning gloves, or after any other activity in which the hands may have been contaminated. Hand sanitizing gels, creams, lotions, etc. does not replace hand washing.
• All food handlers must be free from any open or infected cuts, lesions, or abrasions on their hands or arms. The most frequent causes of foodborne illness are ill food handlers and poor hygienic practices.
• Ill food workers must be restricted from handling food, utensils, dishes, or other food equipment as specified in the Kansas Food Code.
• Barehand contact with any ready-to-eat food is prohibited.
• Do not handle any ready-to-eat food with any utensil that was in contact with raw animal foods. Avoid cross-contamination by juices from uncooked meats with any ready-to-eat foods or food contact surfaces, such as cross contamination by hand contact or with equipment and utensils. This includes food storage containers. You may not use a raw animal food box to store cooked, ready-to-eat foods.
• Adequately clean and sanitize all food contact surfaces after each use.
• Cook all intact (not ground or tenderized) fish and meat (beef and pork) to a minimum internal temperature of 145°F.
• Cook all non-intact fish and meat to a minimum internal temperature of 155°F.
• Cook all poultry to an internal temperature of 165°F.
• Reheat potentially hazardous foods rapidly to 165°F within two hours of removing from cold holding.
• All potentially hazardous foods must be cooled from 135°F to 41°F within six (6) hours and the food must cool from 135°F to 70°F in the first two (2) hours. Improper cooling of foods is one of the leading causes of food borne illness.
• Date marking is required for any refrigerated, ready-to-eat, potentially hazardous food held for more than 24 hours. Food may be kept up to seven days at 41°F or lower. The day of preparation is day one.
• KDA has the authority to restrict the operations of any food establishment when the operation presents an unacceptable risk to public health.

Focus on Food Safety materials can be viewed online at: https://www.agriculture.ks.gov/divisions-programs/food-safety-and-lodging/educational-materials-food-safety.

If you have any questions about food safety or Kansas licensing requirements, please contact the Kansas Department of Agriculture at kda.fsl@ks.govorg (785) 564-6767.

ALCOHOL SALES

K.S.A. 41-719 addresses the sale and consumption of alcoholic beverages during temporary events such as the Fair. This statute states alcoholic beverages may only be sold and/or consumed at spaces or locations designated by the Kansas State Fair Board.

• Alcoholic beverages approved for sale by the Kansas State Fair Board include beer, wine, ready-to-drink mixed drinks, and pre-batched mixed drinks.
• Each Exhibitor selling beer or wine on the Fairgrounds must hold a valid Kansas liquor license and comply with all Kansas statutes, administrative regulations, and State Fair policies.
• All sales, possession and/or consumption of beer and wine will be confined within the designated area as per Senate Bill 2(SB2).
• Percentage commission will be paid on gross sales of beer, wine, ready-to-drink mixed drinks, pre-batched mixed drinks, food, and non-alcoholic drinks, less applicable taxes, with a guaranteed minimum.
• Exhibitors must report beer, wine, and food/non-alcoholic drink sales separately on the Percentage Reporting form provided by the Commercial Exhibits Department. Reports are due daily by 1:00 p.m. and must include all beer and wine delivery tickets. Z-Tapes and Square reports must be submitted with daily reports.
• Alcohol sales are permitted only between 10:00 a.m. and Midnight.
• Each exhibit location must offer for sale at least one Kansas wine and one Kansas beer product where applicable.
• No glass containers may be given to the public, and cup sizes shall not exceed 24 ounces. Any alcohol leaving the premises must be in a clear plastic cup.
• Prices for all beer, wine, food, and non-alcoholic drinks must be submitted to the Fair by August 15, 2025. If changes are not submitted and approved by July 15, 2025, the previous year’s prices will be considered firm. Prices must be posted clearly for the public and indicate whether sales tax is included; all signage must be professional.
• Alcohol may include the following: beer with no more than 6% alcohol by volume, wine containing no more than 16% alcohol by volume, and ready-to-mix or pre-batched mixed drinks containing no more than 10% alcohol by volume.
• Exhibitors must comply with K.S.A. 41-2704; employees may dispense or sell cereal malt beverages or beer with up to 6% alcohol if they are at least 18 years old.
• Events selling alcohol must have at least 75 invited guests and prior approval from the Kansas State Fair Board.
• Exhibitors must clearly mark event boundaries using physical barriers or apparent lines with posted signs.
• Exhibitors are responsible as the permit holder for all violations of Kansas alcohol sales and consumption laws occurring on their premises.
• Copies of all liquor licenses must be provided to the Fair prior to the event, along with all receipts and order forms from alcohol sales for reporting to the Kansas Department of Revenue’s Alcoholic Beverage Control (ABC) division.
• During non-Fair events, free-pour alcohol service is allowed with prior approval from the Fair Board. Free-pour service is strictly prohibited during the Kansas State Fair.

MENUS AND MENU PRICES

Menus must be submitted to the Commercial Exhibits Department no later than JULY 1, 2026, NO CHANGES WILL BE ALLOWED AFTER THIS DATE for approval. Prices of all food and drink items, or the amount of admission charged for rides, under operation by Exhibitor Space Rental Agreement, must be submitted to the Fair by AUGUST 15, 2026, unless an earlier date is identified on your Exhibitor Space Rental Agreement. These prices MUST be posted and must indicate whether or not sales tax is included, where they can be easily read by the public when the concession is approached. ALL signs should be professional in appearance. No handwritten signs allowed. If price changes are not submitted by August 15, and approved, price(s) listed on the most current Exhibitor Space Rental Agreement are considered firm.

Exhibitors not selling bottled water shall not charge the public for water being supplied by the Fair. Exhibitors may, however, charge for a cup and ice and this should be indicated as such on their respective menu(s).

Food Exhibitors shall not advertise special sales (i.e., two for ones, daily specials, etc.) unless it is indicated on the menu form and approved. Copies of ads for discounts, coupons, etc. must also be submitted for approval by the Commercial Exhibits Coordinator by July 1, 2026.

POST FAIR INSPECTIONS

The Commercial Exhibits Department will conduct inspections of all exhibits on the Fairgrounds. These inspections will be conducted after October 1^st of each year.If premises are not completely vacated by September 30, 2026, there will be a $100 per day fee added until completely vacated. Concessions to be inspected will be those remaining on the Fairgrounds, year-round, and those remaining on the grounds at the time of the inspection. The intent of these reviews is:

• To ensure there are no physical plant issues.

• To discourage any insect and/or rodent infestation.
• To discourage mold, mildew, fungus, or any other issues produced by food and/or food by-products.

Each concession inspected will receive a letter of our findings. Any defects and/or changes will be noted with a day of the second inspection.

CONCESSION FACILITY OWNERSHIP AND OPERATION

To ensure equitable opportunities for all participants and to effectively manage the growing number of concessionaires at the Kansas State Fair (“the Fair”), the following applies to the ownership and operation of concession facilities on the Kansas State Fairgrounds:

Maximum Stand Limit

Each vendor is allowed to own and operate up to five (5) concession stands during the Kansas State Fair.

Exempt Vendors

Vendors who currently operate more than five (5) stands as of the effective date of this policy will be exempt from this rule and allowed to continue operating their existing number of stands. This exception only applies to the stands they currently operate and does not allow for the addition of more stands.

Limitations on Future Stand Sales or Transfers

If an exempt vendor sells, transfers, or otherwise gives up ownership of any of their existing stands, they will not be permitted to acquire additional stands. Once the number of stands drops below five, that vendor will be subject to the five-stand maximum moving forward.

Opportunities for Existing Vendors Under the Limit

Vendors who currently operate fewer than five (5) stands may still apply to acquire additional stands, up to the five-stand limit. All space requests are subject to availability and approval by Fair management.

Policy Enforcement

Vendors must comply with this policy as a condition of participation. Any attempt to bypass the rules—such as assigning space to another party under a different name or business—may result in loss of space, cancellation of agreements, or ineligibility for future participation.

This policy is designed to promote fairness, consistency, and responsible growth within the concession program at the Kansas State Fair.

SELLING A CONCESSION TRAILER OR CONCESSION OPERATION

Any concessionaire considering the sale of their trailer or concession operation must notify the Kansas State Fair (KSF) Commercial Exhibits Coordinator before entering into any agreement. Pursuant to Policy and Procedure 7-10, adopted by the Kansas State Fair Board, the following steps must be completed prior to finalizing any sale:

1. Letter of Intent
The seller must prepare and submit a letter of intent that includes the asking price and a complete list of all items and equipment included in the sale.

2. Purchaser Qualifications
The potential purchaser must submit a résumé or letter of interest detailing qualifications and prior experience relevant to operating a concession.

3. Committee Review and Approval
Upon receipt of all required documentation, the Commercial Exhibits Coordinator will schedule a meeting with the Commercial Fair Board Committee to review and consider the proposed sale. If approved, a Sales Agreement will be issued, and the seller is responsible for obtaining the purchaser’s signature.

4. Right to Do Business Fee
Upon approval, the purchaser is required to pay a Right to Do Business Fee. This fee is calculated as one-half of the five-year average of the concession’s prior percentages paid to KSF. The Commercial Exhibits Coordinator will provide the fee amount and due date to the purchaser.

5. Non-Compliance
Failure to follow these procedures will result in the purchaser not being approved to operate during the Fair, and the sale will not be recognized by the Kansas State Fair.

6. Signage Restrictions
Signage advertising the sale of a concession during the Fair is strictly prohibited. Any signage may be displayed only during non-Fair events and requires prior written permission from Kansas State Fair staff.