41-728. Sales of liquor by distributors; prohibited acts.
41-728
41-728. Sales of liquor by distributors; prohibited acts.(a) No distributor shall, directly or indirectly, sell oncredit any alcoholic liquor or cereal malt beverage to a club, drinkingestablishment or caterer, and no club, drinking establishment or caterershall, directly or indirectly, buy on credit any alcoholic liquor or cerealmalt beverage from a distributor.
(b) Any sales of alcoholic liquor or cereal malt beverage by adistributor to a club, drinking establishment, caterer or retailer licensedunder the Kansas liquor control act or under K.S.A. 41-2702 and amendmentsthereto shall be separate transactions from sales by such distributor toany other such club, drinking establishment, caterer or retailer even ifthe licensee is the same person or entity as the holder of the license forsuch 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, otherthan a second-party check, may be used by a club, drinking establishment,caterer or retailer licensed under the Kansas liquor control act or underK.S.A. 41-2702 and amendments thereto to purchase alcoholic liquor orcereal malt beverage from a distributor and a distributor may accept anysuch financial instrument as payment. In addition, a prepayment plan may beused for the purpose of making such purchases if the amount prepaid doesnot 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, drinkingestablishments, caterers or retailers licensed under the Kansas liquorcontrol act or under K.S.A. 41-2702 and amendments thereto shall be finalexcept that a distributor may:
(1) Buy back any item of alcoholic liquor or cereal malt beverage whichsuch club, drinking establishment, caterer or retailer has obtained theapproval of the director to close out;
(2) buy back any item of alcoholic liquor or cereal malt beverage whenrequired by the supplier; and
(3) buy back or exchange, within 24 hours after delivery, any item ofalcoholic liquor or cereal malt beverage which is damaged or deteriorated in quality.
History: L. 1987, ch. 182, § 136; April 30.