41-308. Retailer's license; rights of licensee.
41-308
41-308. Retailer's license; rights of licensee.(a) A retailer's license shall allow the licensee to sell and offer forsale at retail and deliver in the original package, as thereinprescribed, alcoholic liquor for use or consumption off of and awayfrom the premisesspecified in such license. A retailer's license shall permit sale anddelivery of alcoholicliquor only on the licensed premises and shall not permit sale of alcoholicliquor for resale in any form, except that a licensed retailer may:
(1) Sell alcoholic liquor to a temporary permit holder for resale bysuch permit holder; and
(2) sell and deliver alcoholic liquor to a caterer or to the licensedpremises of a club or drinking establishment, if such premises are in thecounty where the retailer's premises are located or in an adjacent county,for resale by such club, establishment or caterer.
(b) The holder of a retailer's licenseshall not sell, offer for sale, give away or permit to be sold, offered forsale or given away in or from the premises specified in such licenseany service or thing of value whatsoever except alcoholic liquor in theoriginal package, except that alicensed retailer may:
(1) Charge a delivery fee for delivery to a club, drinkingestablishment or caterer pursuant to subsection (a);
(2) sell lottery tickets and shares to the public in accordance withthe Kansas lottery act, if the retailer is selected as a lottery retailer;
(3) include in the sale of alcoholic liquor any goods included by themanufacturer in packaging with the alcoholic liquor, subject to the approval ofthe director; and
(4) distribute to the public, without charge, consumer advertisingspecialities bearing advertising matter, subject to rules and regulations ofthesecretary limiting the form and distribution of such specialities so that theyare not conditioned on or an inducement to the purchase of alcoholic liquor.
(c) No licensed retailer shallfurnish any entertainment in suchpremises or permit any pinball machine or game of skill or chance to belocated in or on such premises.
(d) A retailer's license shall allow the licensee to storealcoholic liquor inrefrigerators, cold storage units, ice boxes or other cooling devices,and the licensee may sell such alcoholic liquor to consumers in achilled condition.
History: L. 1949, ch. 242, § 24; L. 1971, ch. 173, § 1; L.1978, ch. 186, § 2; L. 1979, ch. 152, § 3;L. 1987, ch. 182, § 18; L. 1987, ch. 292, § 25; L. 1987, ch. 183, § 1;L. 1992, ch. 169, § 1; July 1.