Printable Format41-702. Gifts and credit from manufacturer, distributor or microbrewery prohibited; revocation or suspension of license for violations. (a) Except to the extent permitted pursuant to K.S.A. 41-703, and amendments thereto, no licensed retailer, club, drinking establishment or caterer, or any officer, associate, member, representative or agent thereof, shall accept, receive or borrow money or anything else of value, or accept or receive credit, directly or indirectly, from: (1) Any manufacturer, distributor or microbrewery; (2) any person connected with, in any way representing or a member of the family of a manufacturer, distributor or microbrewery; (3) any stockholders in a manufacturer, distributor or microbrewery; or (4) any officer, manager, agent or representative of a manufacturer, distributor or microbrewery.
(b) Except to the extent permitted pursuant to K.S.A. 41-703, and amendments thereto, no manufacturer, distributor or microbrewery shall give or lend money or anything of value or otherwise loan or extend credit, directly or indirectly, to any retailer licensed under this act or under K.S.A. 41-2702, and amendments thereto, or to any licensed club, drinking establishment or caterer, or to the manager, representative, agent, officer or director thereof.
(c) If any licensed retailer, distributor, manufacturer, microbrewery, club, drinking establishment or caterer violates any provision of this section, the license of such retailer, distributor, manufacturer, microbrewery, club, drinking establishment or caterer shall be suspended or revoked by the director in the manner provided by law for revocation or suspension for other violations of this act.
History: L. 1949, ch. 242, § 65; L. 1987, ch. 182, § 47; L. 2024, ch. 59, § 6; July 1.
Attorney General's Opinions:
Discrimination in sales, service or prices unlawful. 89-34.
Retail liquor dealer licensee's rights; "service" or "thing of value" defined. 91-72.
Sale of intoxicating liquor and beverages on credit on-premises and off-premises sales distinctions; equal protection. 93-128.
CASE ANNOTATIONS
1. Liquor dealers held to receive something of value from manufacturers contrary to statute. State, ex rel., v. Kansas Retail Liquor Dealers Foundation, Inc., 192 Kan. 293, 296, 297, 298, 387 P.2d 171.
2. Considered and applied on appeal from license denial; director may not establish additional qualifications or restrictions. Cray v. Kennedy, 230 Kan. 663, 667, 669, 671, 674, 640 P.2d 1219 (1982).