Article 4.--BONDED WAREHOUSES AND RELATED PROVISIONS
41-410.Exclusive territorial franchises, liquor and cereal maltbeverage; filing of notice; termination or modification of franchise.(a) No distributor shallsell any alcoholic liquor or cereal malt beverage in this state unlesssuch distributor has filedwith the director a written notice stating each geographic territory, agreedupon in writing between the distributor and a supplier of the distributor,within which the distributor sells one or more brands of suchsupplier to retailers licensed under the Kansas liquor control actor under K.S.A. 41-2702 and amendments thereto or to clubs or drinkingestablishments licensed under the club and drinking establishment act. Such noticeshall be accompanied by a map outlining each geographicterritory stated in the notice. No manufacturer, importer or other suppliershall grant a franchise for the distribution of a brand to more than onedistributor for all or part of any designated territory.
(b) Each supplier of alcoholic liquor or cereal malt beverage doingbusiness within this stateshall file with the director a written notice describing each geographicterritory, agreed upon in writing between the supplier and a distributor,within which the distributor sells one or more brandsof the supplier to retailers licensed under the Kansas liquorcontrol act or under K.S.A. 41-2702 and amendments thereto or to clubs ordrinking establishments licensed under the club anddrinking establishment act.
(c) No supplier or distributor shall terminate or modify a franchise forthe distribution of a brand of alcoholic liquor or cereal malt beverageor alter the geographicterritory designated in a franchise agreement unless such supplier or distributorfiles written notice thereof with the director not less than 30days prior to the termination, modification or alteration. In the case ofan alteration in a franchise territory, such notice shall be accompanied bya map outlining the altered territory. Upon receipt of such notice, thedirector shall notify immediately, by certified mail, all affected partiesof the impending termination, modification or alteration.
(d) Any notice filed by a supplier pursuant to subsection(c) shall beaccompanied by an affidavit stating that the termination, modification oralteration is not caused by the failure of the distributor to violate anyprovision of the Kansas liquor control act or any rules and regulationsadopted pursuant thereto.
(e) Any supplier or distributor aggrieved by a termination, modificationor alteration made under subsection (c) may file an appropriate action inany district court of this state having venue, alleging that the termination,modification or alteration violates the franchise agreement between thesupplier and distributor involved.
(f) No franchise agreement for the distribution of a brand of alcoholicliquor or cereal malt beverage shall be terminated or modified, norshall the territory designatedin such an agreement be altered, except for reasonable cause.
(g) This section shall be part of and supplemental to theKansas liquor control act.
Article 4.--BONDED WAREHOUSES AND RELATED PROVISIONS
41-410.Exclusive territorial franchises, liquor and cereal maltbeverage; filing of notice; termination or modification of franchise.(a) No distributor shallsell any alcoholic liquor or cereal malt beverage in this state unlesssuch distributor has filedwith the director a written notice stating each geographic territory, agreedupon in writing between the distributor and a supplier of the distributor,within which the distributor sells one or more brands of suchsupplier to retailers licensed under the Kansas liquor control actor under K.S.A. 41-2702 and amendments thereto or to clubs or drinkingestablishments licensed under the club and drinking establishment act. Such noticeshall be accompanied by a map outlining each geographicterritory stated in the notice. No manufacturer, importer or other suppliershall grant a franchise for the distribution of a brand to more than onedistributor for all or part of any designated territory.
(b) Each supplier of alcoholic liquor or cereal malt beverage doingbusiness within this stateshall file with the director a written notice describing each geographicterritory, agreed upon in writing between the supplier and a distributor,within which the distributor sells one or more brandsof the supplier to retailers licensed under the Kansas liquorcontrol act or under K.S.A. 41-2702 and amendments thereto or to clubs ordrinking establishments licensed under the club anddrinking establishment act.
(c) No supplier or distributor shall terminate or modify a franchise forthe distribution of a brand of alcoholic liquor or cereal malt beverageor alter the geographicterritory designated in a franchise agreement unless such supplier or distributorfiles written notice thereof with the director not less than 30days prior to the termination, modification or alteration. In the case ofan alteration in a franchise territory, such notice shall be accompanied bya map outlining the altered territory. Upon receipt of such notice, thedirector shall notify immediately, by certified mail, all affected partiesof the impending termination, modification or alteration.
(d) Any notice filed by a supplier pursuant to subsection(c) shall beaccompanied by an affidavit stating that the termination, modification oralteration is not caused by the failure of the distributor to violate anyprovision of the Kansas liquor control act or any rules and regulationsadopted pursuant thereto.
(e) Any supplier or distributor aggrieved by a termination, modificationor alteration made under subsection (c) may file an appropriate action inany district court of this state having venue, alleging that the termination,modification or alteration violates the franchise agreement between thesupplier and distributor involved.
(f) No franchise agreement for the distribution of a brand of alcoholicliquor or cereal malt beverage shall be terminated or modified, norshall the territory designatedin such an agreement be altered, except for reasonable cause.
(g) This section shall be part of and supplemental to theKansas liquor control act.
Article 4.--BONDED WAREHOUSES AND RELATED PROVISIONS
41-410.Exclusive territorial franchises, liquor and cereal maltbeverage; filing of notice; termination or modification of franchise.(a) No distributor shallsell any alcoholic liquor or cereal malt beverage in this state unlesssuch distributor has filedwith the director a written notice stating each geographic territory, agreedupon in writing between the distributor and a supplier of the distributor,within which the distributor sells one or more brands of suchsupplier to retailers licensed under the Kansas liquor control actor under K.S.A. 41-2702 and amendments thereto or to clubs or drinkingestablishments licensed under the club and drinking establishment act. Such noticeshall be accompanied by a map outlining each geographicterritory stated in the notice. No manufacturer, importer or other suppliershall grant a franchise for the distribution of a brand to more than onedistributor for all or part of any designated territory.
(b) Each supplier of alcoholic liquor or cereal malt beverage doingbusiness within this stateshall file with the director a written notice describing each geographicterritory, agreed upon in writing between the supplier and a distributor,within which the distributor sells one or more brandsof the supplier to retailers licensed under the Kansas liquorcontrol act or under K.S.A. 41-2702 and amendments thereto or to clubs ordrinking establishments licensed under the club anddrinking establishment act.
(c) No supplier or distributor shall terminate or modify a franchise forthe distribution of a brand of alcoholic liquor or cereal malt beverageor alter the geographicterritory designated in a franchise agreement unless such supplier or distributorfiles written notice thereof with the director not less than 30days prior to the termination, modification or alteration. In the case ofan alteration in a franchise territory, such notice shall be accompanied bya map outlining the altered territory. Upon receipt of such notice, thedirector shall notify immediately, by certified mail, all affected partiesof the impending termination, modification or alteration.
(d) Any notice filed by a supplier pursuant to subsection(c) shall beaccompanied by an affidavit stating that the termination, modification oralteration is not caused by the failure of the distributor to violate anyprovision of the Kansas liquor control act or any rules and regulationsadopted pursuant thereto.
(e) Any supplier or distributor aggrieved by a termination, modificationor alteration made under subsection (c) may file an appropriate action inany district court of this state having venue, alleging that the termination,modification or alteration violates the franchise agreement between thesupplier and distributor involved.
(f) No franchise agreement for the distribution of a brand of alcoholicliquor or cereal malt beverage shall be terminated or modified, norshall the territory designatedin such an agreement be altered, except for reasonable cause.
(g) This section shall be part of and supplemental to theKansas liquor control act.
