41-1101.Discrimination in sales, services or prices unlawful;filing of statement; exceptions; multiple case discounts prohibited.(a) No distributor licensed under this act shall purchase any alcoholic liquorfrom any manufacturer, owner of alcoholic liquor at the time it becomes amarketable product, exclusive agent of such manufacturer or owner,microbrewery, farm winery or distributor of alcoholic liquor bottled in aforeign country either within or without this state, unless the manufacturer,owner, exclusive agent, microbrewery, farm winery or distributor files withthe director a written statement sworn to by the manufacturer, owner, exclusiveagent, microbrewery, farm winery or distributor or, in case of a corporation,one of its principal officers, agreeing to sell any of the brands or kinds ofalcoholic liquor manufactured or distributed by the manufacturer, owner,exclusive agent, microbrewery, farm winery or distributor to any distributorlicensed in this state and having a franchise to distribute the alcoholicliquor pursuant to K.S.A. 41-410 and amendments thereto andto make such salesto all such licensed distributors in this state at the same current price andwithout discrimination. Each manufacturer, owner, exclusive agent, microbreweryor farm winery shall provide to each distributor written notice not less than45 days before any change in the current price of any spirits or wine whichsuch manufacturer, owner, exclusive agent, microbrewery or farm winery sells tosuch distributor. If any manufacturer, owner, exclusive agent, microbrewery,farm winery or distributor making the agreement violates the agreement byrefusing to sell such alcoholic liquor to any such franchised licenseddistributor in this state or discriminates in current prices among suchfranchised licensed distributors making or attempting to make purchases ofalcoholic liquor from the manufacturer, owner, exclusive agent, microbrewery,farm winery or distributor, the director shall notify, by registered mail, eachsuch franchised licensed distributor in this state of the violation. Thereupon,it shall be unlawful for a franchised licensed distributor in this state topurchase any alcoholic liquor from the manufacturer, owner, exclusive agent,microbrewery, farm winery or distributor. If thereafter such a franchisedlicensed distributor purchases any alcoholic liquor from the manufacturer,owner, exclusive agent, microbrewery, farm winery or distributor, suchfranchised distributor's license shall be revoked by the director. If anymanufacturer, owner, exclusive agent, microbrewery, farm winery or distributorof alcoholic liquor bottled in a foreign country, making any agreementhereunder, does not have a sufficient supply of alcoholic liquor of any of thebrands or kinds which the manufacturer, owner, exclusive agent, microbrewery,farm winery or distributor manufactures or distributes to supply the demands ofall licensed distributors having a franchise to distribute such alcoholicliquor, the manufacturer, owner, exclusive agent, microbrewery, farm winery ordistributor may ration such alcoholic liquor and apportion the available supplyamong such franchised licensed distributors purchasing or attempting topurchase it, in accordance with a plan which shall be subject to the approvalof the director.
(b) No retailer licensed under this act shall purchase any alcoholic liquorfrom any distributor licensed under this act unless the distributor files withthe director a written statement sworn to by the distributor, or in case of acorporation by one of its principal officers, agreeing to sell any of thebrands or kinds of alcoholic liquor distributed by the distributor and toprovide service in connection therewith to any licensed retailer whose licensedpremises are located within the geographic territory of the distributor'sfranchise for the alcoholic liquor, unless written approval to do otherwise isobtained from the director, and to make such sales to all such licensedretailers at the same current bottle, sleeve and case price and withoutdiscrimination.For purposes of this subsection the "same current bottle, sleeve and caseprice" forspirits and wine means a price effective for a specified period as designatedby the distributor on or before the first day of each month. If any distributormaking the agreement violates the agreement by refusing to sell or provideservice to any such licensed retailer in this state without written approval ofthe director or discriminates in current prices among such licensed retailersmaking or attempting to make purchases of alcoholic liquor from thedistributor, the director may revoke the license of the distributor. If anylicensed distributor making any agreement hereunder does not have asufficient supply of alcoholic liquor of any of the brands or kindswhich the distributor distributes to supply the demands of all suchlicensed retailers, the distributor may ration such alcoholic liquor andapportion the available supply among such licensed retailers purchasingor attempting to purchase the same, in accordance with a plan whichshall be subject to the approval of the director.
(c) No club or drinking establishment licensed in this state shallpurchase any wine or beer from any distributorlicensed under thisact unless the distributor files with the director a written statement sworn toby the distributor, or in case of a corporation by one of its principalofficers, agreeing to sell any of the brands or kinds of wine or beerdistributed by the distributor to those clubs and drinking establishments towhich the distributor is authorized to sell such wine or beerand to which the distributor desires to sell such wine or beer, unlesswritten approval to dootherwise is obtained from the director and to make such sales to all suchlicensed clubs or drinking establishments at the same current bottle and caseprice and without discrimination. If any distributor making the agreementviolates the agreement by refusing to sell to any such licensed club ordrinking establishment in this state without written approval of the directoror discriminates in current prices among such licensed clubs or drinkingestablishments making or attempting to make purchases of wine or beerfrom thedistributor, the director may revoke the license of the distributor. If anylicensed distributor making any agreement hereunder does not have a sufficientsupply of wine or beer of any of the brands or kindswhich the distributordistributes to supply the demands of all such licensed clubs or drinkingestablishments, the distributor may ration such wine or beerand apportion theavailable supply among such licensed clubs or drinking establishmentspurchasing or attempting to purchase the same, in accordance with a plan whichshall be subject to the approval of the director.
For the purposes of this subsection, a delivery charge shall not beconsidered a part of the price of wine or beer sold by a distributor.
(d) No retailer licensed under K.S.A. 41-2701 et seq. andamendmentsthereto shall purchaseany cereal malt beverage from any distributor licensed under this act unlessthe distributor files with the director a written statement sworn to by thedistributor, or in case of a corporation by one of its principal officers,agreeing to sell any of the brands or kinds of cereal malt beverage distributedby the distributor to those retailers to which the distributor is authorized tosell such cereal malt beverage, unless written approval to do otherwise isobtained from the director, and to make such sales to all such licensedretailers at the same current price and without discrimination. If anydistributor making the agreement violates the agreement by refusing to sell toany such licensed retailer in this state without written approval of thedirector or discriminates in current prices among such licensed retailersmaking or attempting to make purchases of cereal malt beverage from thedistributor, the director may revoke the license of the distributor. If anylicensed distributor making any agreement hereunder does not have a sufficientsupply of cereal malt beverage of any of the brands or kinds which thedistributor distributes to supply the demands of all such licensed retailers,the distributor mayration such cereal malt beverage and apportion the available supply among suchlicensed retailers purchasing or attempting to purchase the same, in accordancewith a plan which shall be subject to the approval of the director.
(e) No distributor shall sell alcoholic liquor or cereal maltbeverage toa retailer licensed under the Kansas liquor control act, to a club,drinkingestablishment or caterer licensed under the club anddrinking establishment act or to a retailerlicensed under K.S.A. 41-2702 and amendments thereto at a discount for multiplecase lots.
History: L. 1949, ch. 242, § 110; L. 1953, ch. 238, § 9; L.1978, ch. 185, § 3; L. 1979, ch. 153, § 5; L. 1983, ch. 161, § 21;L. 1987, ch. 182, § 58; L. 1987, ch. 182, § 59; L. 1991, ch. 141, § 3;L. 1993, ch. 234, § 4;L. 1995, ch. 258, § 3;L. 1996, ch. 154, § 7; July 1.
41-1101.Discrimination in sales, services or prices unlawful;filing of statement; exceptions; multiple case discounts prohibited.(a) No distributor licensed under this act shall purchase any alcoholic liquorfrom any manufacturer, owner of alcoholic liquor at the time it becomes amarketable product, exclusive agent of such manufacturer or owner,microbrewery, farm winery or distributor of alcoholic liquor bottled in aforeign country either within or without this state, unless the manufacturer,owner, exclusive agent, microbrewery, farm winery or distributor files withthe director a written statement sworn to by the manufacturer, owner, exclusiveagent, microbrewery, farm winery or distributor or, in case of a corporation,one of its principal officers, agreeing to sell any of the brands or kinds ofalcoholic liquor manufactured or distributed by the manufacturer, owner,exclusive agent, microbrewery, farm winery or distributor to any distributorlicensed in this state and having a franchise to distribute the alcoholicliquor pursuant to K.S.A. 41-410 and amendments thereto andto make such salesto all such licensed distributors in this state at the same current price andwithout discrimination. Each manufacturer, owner, exclusive agent, microbreweryor farm winery shall provide to each distributor written notice not less than45 days before any change in the current price of any spirits or wine whichsuch manufacturer, owner, exclusive agent, microbrewery or farm winery sells tosuch distributor. If any manufacturer, owner, exclusive agent, microbrewery,farm winery or distributor making the agreement violates the agreement byrefusing to sell such alcoholic liquor to any such franchised licenseddistributor in this state or discriminates in current prices among suchfranchised licensed distributors making or attempting to make purchases ofalcoholic liquor from the manufacturer, owner, exclusive agent, microbrewery,farm winery or distributor, the director shall notify, by registered mail, eachsuch franchised licensed distributor in this state of the violation. Thereupon,it shall be unlawful for a franchised licensed distributor in this state topurchase any alcoholic liquor from the manufacturer, owner, exclusive agent,microbrewery, farm winery or distributor. If thereafter such a franchisedlicensed distributor purchases any alcoholic liquor from the manufacturer,owner, exclusive agent, microbrewery, farm winery or distributor, suchfranchised distributor's license shall be revoked by the director. If anymanufacturer, owner, exclusive agent, microbrewery, farm winery or distributorof alcoholic liquor bottled in a foreign country, making any agreementhereunder, does not have a sufficient supply of alcoholic liquor of any of thebrands or kinds which the manufacturer, owner, exclusive agent, microbrewery,farm winery or distributor manufactures or distributes to supply the demands ofall licensed distributors having a franchise to distribute such alcoholicliquor, the manufacturer, owner, exclusive agent, microbrewery, farm winery ordistributor may ration such alcoholic liquor and apportion the available supplyamong such franchised licensed distributors purchasing or attempting topurchase it, in accordance with a plan which shall be subject to the approvalof the director.
(b) No retailer licensed under this act shall purchase any alcoholic liquorfrom any distributor licensed under this act unless the distributor files withthe director a written statement sworn to by the distributor, or in case of acorporation by one of its principal officers, agreeing to sell any of thebrands or kinds of alcoholic liquor distributed by the distributor and toprovide service in connection therewith to any licensed retailer whose licensedpremises are located within the geographic territory of the distributor'sfranchise for the alcoholic liquor, unless written approval to do otherwise isobtained from the director, and to make such sales to all such licensedretailers at the same current bottle, sleeve and case price and withoutdiscrimination.For purposes of this subsection the "same current bottle, sleeve and caseprice" forspirits and wine means a price effective for a specified period as designatedby the distributor on or before the first day of each month. If any distributormaking the agreement violates the agreement by refusing to sell or provideservice to any such licensed retailer in this state without written approval ofthe director or discriminates in current prices among such licensed retailersmaking or attempting to make purchases of alcoholic liquor from thedistributor, the director may revoke the license of the distributor. If anylicensed distributor making any agreement hereunder does not have asufficient supply of alcoholic liquor of any of the brands or kindswhich the distributor distributes to supply the demands of all suchlicensed retailers, the distributor may ration such alcoholic liquor andapportion the available supply among such licensed retailers purchasingor attempting to purchase the same, in accordance with a plan whichshall be subject to the approval of the director.
(c) No club or drinking establishment licensed in this state shallpurchase any wine or beer from any distributorlicensed under thisact unless the distributor files with the director a written statement sworn toby the distributor, or in case of a corporation by one of its principalofficers, agreeing to sell any of the brands or kinds of wine or beerdistributed by the distributor to those clubs and drinking establishments towhich the distributor is authorized to sell such wine or beerand to which the distributor desires to sell such wine or beer, unlesswritten approval to dootherwise is obtained from the director and to make such sales to all suchlicensed clubs or drinking establishments at the same current bottle and caseprice and without discrimination. If any distributor making the agreementviolates the agreement by refusing to sell to any such licensed club ordrinking establishment in this state without written approval of the directoror discriminates in current prices among such licensed clubs or drinkingestablishments making or attempting to make purchases of wine or beerfrom thedistributor, the director may revoke the license of the distributor. If anylicensed distributor making any agreement hereunder does not have a sufficientsupply of wine or beer of any of the brands or kindswhich the distributordistributes to supply the demands of all such licensed clubs or drinkingestablishments, the distributor may ration such wine or beerand apportion theavailable supply among such licensed clubs or drinking establishmentspurchasing or attempting to purchase the same, in accordance with a plan whichshall be subject to the approval of the director.
For the purposes of this subsection, a delivery charge shall not beconsidered a part of the price of wine or beer sold by a distributor.
(d) No retailer licensed under K.S.A. 41-2701 et seq. andamendmentsthereto shall purchaseany cereal malt beverage from any distributor licensed under this act unlessthe distributor files with the director a written statement sworn to by thedistributor, or in case of a corporation by one of its principal officers,agreeing to sell any of the brands or kinds of cereal malt beverage distributedby the distributor to those retailers to which the distributor is authorized tosell such cereal malt beverage, unless written approval to do otherwise isobtained from the director, and to make such sales to all such licensedretailers at the same current price and without discrimination. If anydistributor making the agreement violates the agreement by refusing to sell toany such licensed retailer in this state without written approval of thedirector or discriminates in current prices among such licensed retailersmaking or attempting to make purchases of cereal malt beverage from thedistributor, the director may revoke the license of the distributor. If anylicensed distributor making any agreement hereunder does not have a sufficientsupply of cereal malt beverage of any of the brands or kinds which thedistributor distributes to supply the demands of all such licensed retailers,the distributor mayration such cereal malt beverage and apportion the available supply among suchlicensed retailers purchasing or attempting to purchase the same, in accordancewith a plan which shall be subject to the approval of the director.
(e) No distributor shall sell alcoholic liquor or cereal maltbeverage toa retailer licensed under the Kansas liquor control act, to a club,drinkingestablishment or caterer licensed under the club anddrinking establishment act or to a retailerlicensed under K.S.A. 41-2702 and amendments thereto at a discount for multiplecase lots.
History: L. 1949, ch. 242, § 110; L. 1953, ch. 238, § 9; L.1978, ch. 185, § 3; L. 1979, ch. 153, § 5; L. 1983, ch. 161, § 21;L. 1987, ch. 182, § 58; L. 1987, ch. 182, § 59; L. 1991, ch. 141, § 3;L. 1993, ch. 234, § 4;L. 1995, ch. 258, § 3;L. 1996, ch. 154, § 7; July 1.
41-1101.Discrimination in sales, services or prices unlawful;filing of statement; exceptions; multiple case discounts prohibited.(a) No distributor licensed under this act shall purchase any alcoholic liquorfrom any manufacturer, owner of alcoholic liquor at the time it becomes amarketable product, exclusive agent of such manufacturer or owner,microbrewery, farm winery or distributor of alcoholic liquor bottled in aforeign country either within or without this state, unless the manufacturer,owner, exclusive agent, microbrewery, farm winery or distributor files withthe director a written statement sworn to by the manufacturer, owner, exclusiveagent, microbrewery, farm winery or distributor or, in case of a corporation,one of its principal officers, agreeing to sell any of the brands or kinds ofalcoholic liquor manufactured or distributed by the manufacturer, owner,exclusive agent, microbrewery, farm winery or distributor to any distributorlicensed in this state and having a franchise to distribute the alcoholicliquor pursuant to K.S.A. 41-410 and amendments thereto andto make such salesto all such licensed distributors in this state at the same current price andwithout discrimination. Each manufacturer, owner, exclusive agent, microbreweryor farm winery shall provide to each distributor written notice not less than45 days before any change in the current price of any spirits or wine whichsuch manufacturer, owner, exclusive agent, microbrewery or farm winery sells tosuch distributor. If any manufacturer, owner, exclusive agent, microbrewery,farm winery or distributor making the agreement violates the agreement byrefusing to sell such alcoholic liquor to any such franchised licenseddistributor in this state or discriminates in current prices among suchfranchised licensed distributors making or attempting to make purchases ofalcoholic liquor from the manufacturer, owner, exclusive agent, microbrewery,farm winery or distributor, the director shall notify, by registered mail, eachsuch franchised licensed distributor in this state of the violation. Thereupon,it shall be unlawful for a franchised licensed distributor in this state topurchase any alcoholic liquor from the manufacturer, owner, exclusive agent,microbrewery, farm winery or distributor. If thereafter such a franchisedlicensed distributor purchases any alcoholic liquor from the manufacturer,owner, exclusive agent, microbrewery, farm winery or distributor, suchfranchised distributor's license shall be revoked by the director. If anymanufacturer, owner, exclusive agent, microbrewery, farm winery or distributorof alcoholic liquor bottled in a foreign country, making any agreementhereunder, does not have a sufficient supply of alcoholic liquor of any of thebrands or kinds which the manufacturer, owner, exclusive agent, microbrewery,farm winery or distributor manufactures or distributes to supply the demands ofall licensed distributors having a franchise to distribute such alcoholicliquor, the manufacturer, owner, exclusive agent, microbrewery, farm winery ordistributor may ration such alcoholic liquor and apportion the available supplyamong such franchised licensed distributors purchasing or attempting topurchase it, in accordance with a plan which shall be subject to the approvalof the director.
(b) No retailer licensed under this act shall purchase any alcoholic liquorfrom any distributor licensed under this act unless the distributor files withthe director a written statement sworn to by the distributor, or in case of acorporation by one of its principal officers, agreeing to sell any of thebrands or kinds of alcoholic liquor distributed by the distributor and toprovide service in connection therewith to any licensed retailer whose licensedpremises are located within the geographic territory of the distributor'sfranchise for the alcoholic liquor, unless written approval to do otherwise isobtained from the director, and to make such sales to all such licensedretailers at the same current bottle, sleeve and case price and withoutdiscrimination.For purposes of this subsection the "same current bottle, sleeve and caseprice" forspirits and wine means a price effective for a specified period as designatedby the distributor on or before the first day of each month. If any distributormaking the agreement violates the agreement by refusing to sell or provideservice to any such licensed retailer in this state without written approval ofthe director or discriminates in current prices among such licensed retailersmaking or attempting to make purchases of alcoholic liquor from thedistributor, the director may revoke the license of the distributor. If anylicensed distributor making any agreement hereunder does not have asufficient supply of alcoholic liquor of any of the brands or kindswhich the distributor distributes to supply the demands of all suchlicensed retailers, the distributor may ration such alcoholic liquor andapportion the available supply among such licensed retailers purchasingor attempting to purchase the same, in accordance with a plan whichshall be subject to the approval of the director.
(c) No club or drinking establishment licensed in this state shallpurchase any wine or beer from any distributorlicensed under thisact unless the distributor files with the director a written statement sworn toby the distributor, or in case of a corporation by one of its principalofficers, agreeing to sell any of the brands or kinds of wine or beerdistributed by the distributor to those clubs and drinking establishments towhich the distributor is authorized to sell such wine or beerand to which the distributor desires to sell such wine or beer, unlesswritten approval to dootherwise is obtained from the director and to make such sales to all suchlicensed clubs or drinking establishments at the same current bottle and caseprice and without discrimination. If any distributor making the agreementviolates the agreement by refusing to sell to any such licensed club ordrinking establishment in this state without written approval of the directoror discriminates in current prices among such licensed clubs or drinkingestablishments making or attempting to make purchases of wine or beerfrom thedistributor, the director may revoke the license of the distributor. If anylicensed distributor making any agreement hereunder does not have a sufficientsupply of wine or beer of any of the brands or kindswhich the distributordistributes to supply the demands of all such licensed clubs or drinkingestablishments, the distributor may ration such wine or beerand apportion theavailable supply among such licensed clubs or drinking establishmentspurchasing or attempting to purchase the same, in accordance with a plan whichshall be subject to the approval of the director.
For the purposes of this subsection, a delivery charge shall not beconsidered a part of the price of wine or beer sold by a distributor.
(d) No retailer licensed under K.S.A. 41-2701 et seq. andamendmentsthereto shall purchaseany cereal malt beverage from any distributor licensed under this act unlessthe distributor files with the director a written statement sworn to by thedistributor, or in case of a corporation by one of its principal officers,agreeing to sell any of the brands or kinds of cereal malt beverage distributedby the distributor to those retailers to which the distributor is authorized tosell such cereal malt beverage, unless written approval to do otherwise isobtained from the director, and to make such sales to all such licensedretailers at the same current price and without discrimination. If anydistributor making the agreement violates the agreement by refusing to sell toany such licensed retailer in this state without written approval of thedirector or discriminates in current prices among such licensed retailersmaking or attempting to make purchases of cereal malt beverage from thedistributor, the director may revoke the license of the distributor. If anylicensed distributor making any agreement hereunder does not have a sufficientsupply of cereal malt beverage of any of the brands or kinds which thedistributor distributes to supply the demands of all such licensed retailers,the distributor mayration such cereal malt beverage and apportion the available supply among suchlicensed retailers purchasing or attempting to purchase the same, in accordancewith a plan which shall be subject to the approval of the director.
(e) No distributor shall sell alcoholic liquor or cereal maltbeverage toa retailer licensed under the Kansas liquor control act, to a club,drinkingestablishment or caterer licensed under the club anddrinking establishment act or to a retailerlicensed under K.S.A. 41-2702 and amendments thereto at a discount for multiplecase lots.
History: L. 1949, ch. 242, § 110; L. 1953, ch. 238, § 9; L.1978, ch. 185, § 3; L. 1979, ch. 153, § 5; L. 1983, ch. 161, § 21;L. 1987, ch. 182, § 58; L. 1987, ch. 182, § 59; L. 1991, ch. 141, § 3;L. 1993, ch. 234, § 4;L. 1995, ch. 258, § 3;L. 1996, ch. 154, § 7; July 1.
