41-2726. Sales below cost prohibited. (a) No retailer licensed under K.S.A. 41-2701 et seq., and amendments thereto, to sell cereal malt beverage or beer containing not more than 6% alcohol by volume in original and unopened containers and not for consumption on the licensed premises shall sell or offer for sale directly or indirectly any cereal malt beverage or beer containing not more than 6% alcohol by volume at a price that is less than the acquisition cost of such cereal malt beverage or beer containing not more than 6% alcohol by volume to the licensee.
(b) The director may issue to a retailer a permit authorizing the retailer to sell cereal malt beverage or beer containing not more than 6% alcohol by volume at less than the acquisition cost thereof, if:
(1) The retailer is actually closing out the retailer's stock for the purpose of completely discontinuing sale of the item for a period of not less than 12 months;
(2) the item is damaged or deteriorated in quality and notice is given to the public thereof; or
(3) the sale of the item is by an officer acting under the order of a court.
(c) Violation of this section is a misdemeanor punishable as provided by K.S.A. 41-2711, and amendments thereto.
(d) Violation of this section shall be grounds for suspension or revocation of the retailer's license as provided by K.S.A. 41-2708, and amendments thereto.
History: L. 1996, ch. 154, § 8; L. 2017, ch. 56, § 13; Apr. 1, 2019.
Structure Kansas Statutes
Chapter 41 - Intoxicating Liquors And Beverages
Article 27 - Cereal Malt Beverages
41-2702 Retailer's license; application; notice; fee; state stamp; license nontransferable.
41-2703a Licensure qualifications for limited liability company.
41-2704 Hours and days of sale; prohibited acts.
41-2705 Loans or gifts from manufacturer or distributor prohibited.
41-2706 Certain sales on credit or in trade prohibited.
41-2708 Revocation or suspension of license; grounds; appeal.
41-2709 Injunction proceedings.
41-2711 Penalties for violation of act.
41-2722 Certain sales practices prohibited; penalties.
41-2725 Cereal malt beverage prohibited at state capitol.
41-2726 Sales below cost prohibited.
41-2727 Use of minors to determine compliance with law, exceptions.
41-2728 Title of act; power to regulate cereal malt beverage.
41-2729 Flavored malt beverages.
41-2730 Violations of act; issuance of citations; civil penalties.