Kan. Admin. Regs. § 14-14-11 - Prohibited conduct of licensees
(a) No manufacturer
of alcoholic liquor or cereal malt beverage holding a manufacturer's license
issued by the director, manufacturer of alcoholic liquor or cereal malt
beverage outside of this state manufacturing alcoholic liquor or cereal malt
beverage for sale and distribution within the state, licensed distributor
within the state, or their agents, salesmen or representatives shall offer,
give or furnish, directly or indirectly, any gifts, prizes, coupons, premiums,
rebates, quantity discounts, entertainment, decorations, or the services of any
employee, including errands and administrative services, or any other
inducement or thing of value of any kind to a licensed retailer, club, drinking
establishment or caterer or to an applicant for a retailer, club, drinking
establishment or caterer license except as provided in Article 10;
(b) No manufacturer , including a manufacturer
outside of this state, that manufactures alcoholic liquor or cereal malt
beverage for sale and distribution within this state shall offer, furnish or
give, directly or indirectly, any rebates to any distributor, distributor's
spouse, agent, salesperson or representative.
(c) A licensee shall not, as a condition for
the sale or delivery of alcoholic liquor or cereal malt beverage to any other
licensee or to a customer, require that the other licensee or customer purchase
or contract to purchase alcoholic liquor or cereal malt beverage of another
form, quantity or brand in addition to, or partially in lieu of, that which was
specifically ordered or desired by the licensee or customer. Licensees of any
class shall not sell or deliver alcoholic liquor or cereal malt beverage in any
form or quantity or of any brand to another licensee or to a customer, under
any arrangement, agreement or understanding, direct or implied, that the sale
or delivery will be made only if the other licensee or customer also buys or
accepts delivery of a quantity of alcoholic liquor or cereal malt beverage of
another form or brand.
(d) If any
licensee refuses to permit the director or any agent or employee of the
director to inspect the licensed premises and any alcoholic liquor or cereal
malt beverage owned or controlled by the licensee upon the licensed premises or
upon any other premises where the licensee may have liquor stored, the refusal
shall be grounds for the revocation of the license.
(e) A manufacturer shall be deemed to have
discriminated against licensed distributors, including those possessing a
franchise to distribute alcoholic liquor or cereal malt beverage in a
geographical territory, if the manufacturer directly or indirectly, or through
any agent or employee:
(1) Offers to sell or
sells to a distributor alcoholic liquor in any manner that results in a price
different than the current price which the manufacturer has offered to all
distributors;
(2) requires a
licensed distributor to purchase in excess of one case lot of any brand, or
kind, or container size of that alcoholic liquor that is sold by the case;
(3) refuses to sell any brand or
kind of alcoholic liquor , except beer, to a licensed distributor in any
quantity ordered by a distributor in lots of one or more cases when alcoholic
liquor is sold to distributors by the case;
(4) refuses to sell for cash at the current
price any alcoholic liquor , to a licensed distributor, if such alcoholic liquor
is ordered in a lot of one case or more and the price offered to distributors
is by the case;
(5) refuses to
sell any brand or kind of alcoholic liquor to a licensed distributor unless the
licensed distributor purchases or agrees to purchase alcoholic liquor of
another kind, form, quantity or brand in addition to, or partially in lieu of,
the brand or kind of alcoholic liquor specifically ordered by the licensed
distributor; or
(6) fails to fill
orders of distributors for alcoholic liquor , other than beer, in the
chronological sequence in which orders from distributors are received. This
paragraph shall not apply when the manufacturer is operating under a rationing
plan approved by the director.
(f) A distributor shall be deemed to have
discriminated against licensed retailers, clubs, drinking establishments or
caterers if it either directly or indirectly, or by any agent or employee:
(1) Makes an offer to make any secret rebate
to or enters into any transaction in any manner whatsoever with any licensed
retailer , club , drinking establishment or caterer which would result in, or
which has as its purpose the purchase of any alcoholic liquor or cereal malt
beverage at a price different than the current price offered to all retailers,
clubs, drinking establishments or caterers;
(2) requires a licensed retailer to purchase
in one-case lot of any brand, or kind, or container size of alcoholic liquor ,
except beer;
(3) refuses to sell
any brand or kind of alcoholic liquor , except beer, to a licensed retailer for
cash at the current price in any quantity ordered by the licensed retailer; or
(4) refuses to sell any brand or
kind of alcoholic liquor or cereal malt beverage to a licensed retailer, club,
drinking establishment or caterer unless the licensed retailer, club, drinking
establishment or caterer purchases or agrees to purchase alcoholic liquor or
cereal malt beverage of another kind, quantity, or brand in addition to, or
partially in lieu of the brand or kind of alcoholic liquor or cereal malt
beverage specifically ordered.
Notes
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