§ 41-728 — Sales of alcoholic liquor by distributors and microbreweries; prohibited acts

Kansas § 41-728

• Jurisdiction: Kansas
• Ch. 41: INTOXICATING LIQUORS AND BEVERAGES
• Art. 7: CERTAIN PROHIBITED ACTS AND PENALTIES

Text

(a) No distributor or microbrewery shall, directly or indirectly, sell on credit any alcoholic liquor or cereal malt beverage to a club, drinking establishment or caterer, and no club, drinking establishment or caterer shall, directly or indirectly, buy on credit any alcoholic liquor or cereal malt beverage from a distributor or microbrewery.
(b) Any sales of alcoholic liquor or cereal malt beverage by a distributor or microbrewery to a club, drinking establishment, caterer or retailer licensed under the Kansas liquor control act or under K.S.A. 41-2702, and amendments thereto, shall be separate transactions from sales by such distributor or microbrewery to any other such club, drinking establishment, caterer or retailer even if the licensee is the same person or entity as the holder of the license for such other club, drinking establishment, caterer or retailer.
(c) Except as otherwise provided by this section or K.S.A. 41-702, 41-703 and 41-2707, and amendments thereto, any financial instrument, other than a second-party check, may be used by a club, drinking establishment, caterer or retailer licensed under the Kansas liquor control act or under K.S.A. 41-2702, and amendments thereto, to purchase alcoholic liquor or cereal malt beverage from a distributor or microbrewery and a distributor or microbrewery may accept any such financial instrument as payment. In addition, a prepayment plan may be used for the purpose of making such purchases if the amount prepaid does not exceed the usual purchases made for the period of time for which prepayment is made.
(d) Sales of alcoholic liquor by a distributor or microbrewery to clubs, drinking establishments, caterers or retailers licensed under the Kansas liquor control act or under K.S.A. 41-2702, and amendments thereto, shall be final except that a distributor or microbrewery may:
(1) Buy back any item of alcoholic liquor or cereal malt beverage that such club, drinking establishment, caterer or retailer has obtained the approval of the director to close out;
(2) buy back any item of alcoholic liquor or cereal malt beverage when required by the supplier;
(3) buy back or exchange, within 24 hours after delivery, any item of alcoholic liquor or cereal malt beverage that is damaged or deteriorated in quality; and
(4) buy back or exchange, at the original sales price, any item of beer or cereal malt beverage that is within 30 days of its expiration date.

Legislative History

L. 1987, ch. 182, § 136; L. 2024, ch. 59, § 11; July 1.