41-728. Sales of liquor by distributors; prohibited acts. (a) No distributor 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.
(b) Any sales of alcoholic liquor or cereal malt beverage by a distributor 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 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 and a distributor 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 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 may:
(1) Buy back any item of alcoholic liquor or cereal malt beverage which 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; and
(3) buy back or exchange, within 24 hours after delivery, any item of alcoholic liquor or cereal malt beverage which is damaged or deteriorated in quality.
History: L. 1987, ch. 182, § 136; April 30.
Structure Kansas Statutes
Chapter 41 - Intoxicating Liquors And Beverages
Article 7 - Certain Prohibited Acts And Penalties
41-701 Certain sales by distributors or manufacturers prohibited.
41-702 Gifts and credit from manufacturer or distributor prohibited.
41-704 Manufacturers; interest in business of distributor prohibited.
41-705 Violation of 41-703 or 41-704; effect.
41-706 Requirements relating to revenue stamps, labels, seals.
41-707 Labels; quality of liquor; requirements.
41-708 Retailer must obtain liquor from licensed distributor; exceptions; penalties.
41-711 Sale at retail forbidden on certain premises.
41-712 Days and hours of sale by retailers.
41-714 Advertising; authority of director.
41-715 Sale of liquor to incapacitated or intoxicated person; penalties.
41-717 Certain sales on credit, in trade or by check prohibited.
41-718 Sale only in original package; refilling prohibited; application of law to certain sales.
41-719 Consumption of alcoholic liquor prohibited in certain places; exemptions.
41-720 Nonbeverage licensee forbidden to give or sell alcoholic liquors; violation; penalty.
41-721 No retail licenses to issue in cities where electors voted contrary.
41-722 Giving or selling liquor to evade law declared unlawful.
41-723 Violating 41-721 and 41-722; places declared common nuisances.
41-724 Transportation of liquor into state forbidden; exceptions.
41-725 Common carriers; must deliver only to consignee.
41-726 False statements to common carriers unlawful.
41-727a Use of minors to determine compliance with law, limitations.
41-728 Sales of liquor by distributors; prohibited acts.