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2006 Kansas Code - 41-2640

      41-2640.   Certain sales practices prohibited; penalties; "drink" defined. (a) No club, drinking establishment, caterer or holder of a temporary permit, nor any person acting as an employee or agent thereof, shall:

      (1)   Offer or serve any free cereal malt beverage or alcoholic liquor in any form to any person;

      (2)   offer or serve to any person a drink at a price that is less than the acquisition cost of the drink to the licensee or permit holder;

      (3)   sell, offer to sell or serve to any person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the general public or to the general membership of a club;

      (4)   sell, offer to sell or serve any drink to any person at any time at a price less than that charged all other purchasers of drinks on that day;

      (5)   increase the volume of alcoholic liquor contained in a drink or the size of a drink of cereal malt beverage without increasing proportionately the price regularly charged for the drink on that day;

      (6)   encourage or permit, on the licensed premises, any game or contest which involves drinking alcoholic liquor or cereal malt beverage or the awarding of drinks as prizes; or

      (7)   advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections (a)(1) through (6).

      (b)   Nothing in subsection (a) shall be construed to prohibit a club, drinking establishment, caterer or holder of a temporary permit from:

      (1)   Offering free food or entertainment at any time; or

      (2)   selling or delivering wine by the bottle or carafe.

      (c)   Violation of any provision of this section is a misdemeanor punishable as provided by K.S.A. 41-2633 and amendments thereto.

      (d)   Violation of any provision of this section shall be grounds for suspension or revocation of the licensee's license as provided by K.S.A. 41-2609 and amendments thereto and for imposition of a civil fine on the licensee or temporary permit holder as provided by K.S.A. 41-2633a and amendments thereto.

      (e)   Every licensed club and drinking establishment shall make available at any time upon request a price list showing the club's or drinking establishment's current prices per drink for all drinks.

      (f)   As used in this section, "drink" means an individual serving of any beverage containing alcoholic liquor or an individual serving of cereal malt beverage.

      History:   L. 1985, ch. 173, § 4; L. 1986, ch. 185, § 7; L. 1987, ch. 182, § 94; April 30.

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