41-701. Certain sales by distributors or manufacturers prohibited.
41-701
41-701. Certain sales by distributors ormanufacturers prohibited.(a) Except as provided in subsection (d), no spirits distributorshall sell or attempt to sell any spirits within this state except to:
(1) A licensed manufacturer, licensed nonbeverage user orlicensed spirits distributor; or
(2) a licensed retailer, as authorized by K.S.A. 41-306 and amendmentsthereto.
(b) Except as provided insubsection (d), no wine distributor shall sell or attempt to sell any winewithin this state except to:
(1) A licensed manufacturer, licensed nonbeverage user or licensed winedistributor;
(2) a licensed caterer; or
(3) a retailer, club or drinking establishment,licensed in this state, asauthorized by K.S.A. 41-306a.
(c) Except as provided by subsection (d), no beer distributor shallsell or attempt to sell any beer or cereal malt beveragewithin this state except to:
(1) A licensed manufacturer, licensed nonbeverage user or licensed beerdistributor;
(2) a licensed caterer; or
(3) a retailer licensed under the Kansas liquor control act orunder K.S.A. 41-2702 and amendments thereto or a club or drinkingestablishment, licensed in this state, as authorized by 41-307 and amendmentsthereto.
(d) (1) If anyspirits distributorrefuses to sell spirits which such distributor is authorized tosell or refuses to provide any service in connection therewith to anylicensed retailer as authorized by K.S.A. 41-306 and amendments thereto, itshall be lawful for any other licensed spirits distributor to sellsuch spirits to such retailer.
(2) If any wine distributor refuses to sell wine which suchdistributor is authorized to sell or refuses to furnish service inconnection therewith to any licensed retailer,as authorized by K.S.A. 41-306a, it shall be lawful for any otherlicensed wine distributor to sell such wine to such retailer.
(3) If any beer distributor refuses to sell beer or cereal maltbeverage which such distributor is authorized to sell or provide service inconnection therewith to any retailer licensed under this act or underK.S.A. 41-2702 and amendments thereto, as authorized by K.S.A. 41-307 andamendments thereto, it shall be lawful for any other licensed beerdistributor to sell such beer or cereal malt beverage to such retailer.
(e) No manufacturer of alcoholic liquor or cereal malt beverageshall sell or attempt tosell any alcoholic liquor or cereal malt beverage within this stateexcept to a licensedmanufacturer, licensed distributor or licensed nonbeverage user.
(f) No supplier, wholesaler, distributor, manufacturer or importershall by oral or written contract or agreement, expressly or impliedlyfix, maintain, coerce or control the resale price of alcoholic liquor,beer or cereal malt beverage to be resold by such wholesaler,distributor, manufacturer or importer.
(g) Any supplier, wholesaler, distributor or manufacturer violatingthe provisions of this section shall be guilty of a misdemeanor and uponconviction thereof shall be punished by a fine of not less than$500 and not more than$1,000,to which may be added not to exceed six months' imprisonment. Inaddition, any supplier, wholesaler, distributor, manufacturer orimporter violating the provisions of this section relating to fixing,maintaining or controlling the resale price of alcoholic liquor, beer orcereal malt beverage shall be liable in a civil action to treble theamount of any damages awarded plus reasonable attorney fees for thedamaged party.
History: L. 1949, ch. 242, § 64; L. 1974, ch. 195, § 3; L. 1979,ch. 153, § 4;L. 1987, ch. 182, § 45; L. 1987, ch. 182, § 46; Jan. 1, 1988.