41-703. Gifts, loans and interest in customer's business by manufacturer, distributor or microbrewery prohibited, exceptions; rules and regulations.

589 words·~3 min read·/ks/chapter-41/41-703

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as provided by subsection (d), no manufacturer, distributor or microbrewery shall directly or indirectly:

(1)Sell, supply, furnish, give, pay for, loan or lease any furnishing, fixture or equipment on the premises of a place of business of a licensee under the club and drinking establishment act or a retailer licensed under the Kansas liquor control act or under K.S.A. 41-2702 , and amendments thereto;

(2)pay for any such licensee's or retailer's license, or advance, furnish, lend or give money for payment of such license;

(3)purchase or become the owner of any note, mortgage or other evidence of indebtedness of any such licensee or retailer or any form of security therefor;

(4)be interested in the ownership, conduct or operation of the business of any such licensee or retailer; or

(5)be interested, directly or indirectly, or as owner, part owner, lessee or lessor thereof, in the licensed premises of any such licensee or retailer.

(b)Except as provided by subsection (d), no manufacturer, distributor or microbrewery shall, directly or indirectly, or through a subsidiary or affiliate or by any officer, director or firm of such manufacturer, distributor or microbrewery, furnish, give, lend or rent any interior decorations or any signs, for inside or outside use, for use in or about or in connection with the licensed premises of a licensee under the club and drinking establishment act, or a retailer licensed under the Kansas liquor control act or under K.S.A. 41-2702 , and amendments thereto, products of the manufacturer, distributor or microbrewery are sold.

(c)No manufacturer, distributor or microbrewery shall directly or indirectly pay for or advance, furnish or lend money for the payment of any license of another under the club and drinking establishment act, the Kansas liquor control act or K.S.A. 41-2702 , and amendments thereto.

(1)A manufacturer, distributor or microbrewery may furnish things of value to a licensee under the club and drinking establishment act or to a retailer licensed under the Kansas liquor control act or under K.S.A. 41-2702 , and amendments thereto, to the extent permitted by rules and regulations adopted by the secretary pursuant to subsection (e).

(2)Notwithstanding any other provision of law to the contrary, an owner, officer, stockholder or director of a distributor may have an interest in the licensed premises of a club, a drinking establishment or a retailer licensed under the Kansas liquor control act or under K.S.A. 41-2702 , and amendments thereto, if such premises are located outside the geographic territory of the distributor's franchise.

(3)A microbrewery or owner, officer, stockholder or director thereof may have an interest in a licensed club, drinking establishment or caterer.

(e)The secretary shall adopt rules and regulations permitting manufacturers, distributors or microbreweries to furnish equipment, signs, supplies or similar things of value to licensees under the club and drinking establishment act or to a retailer licensed under the Kansas liquor control act or under K.S.A. 41-2702 , and amendments thereto. Such rules and regulations shall limit the furnishing of such things of value so that they are not conditioned on or an inducement to the purchase of any alcoholic liquor or cereal malt beverage. In adopting such rules and regulations, the secretary shall consider and, to the extent the secretary determines suitable, base such rules and regulations on the standards of the bureau of alcohol, tobacco and firearms of the United States treasury.