2009 Kentucky Revised Statutes CHAPTER 244 ALCOHOLIC BEVERAGES -- PROHIBITIONS, RESTRICTIONS, AND REGULATIONS 244.590 Tied houses prohibited -- Brewer or distributor may furnish advertising matter or cleaning service to retailer.
244.590 Tied houses prohibited -- Brewer or distributor may furnish advertising
matter or cleaning service to retailer.
(1) No brewer or distributor shall induce through any of the following means any malt
beverage retailer to purchase any malt beverages from him to the exclusion in whole <br>or in part of malt beverages sold or offered for sale by other persons, if the brewer <br>or distributor engages in the practice of using such means, or any of them, to such <br>an extent as substantially to restrain or prevent transactions in commerce in malt <br>beverages: <br>(a) By acquiring or holding, after the expiration of any existing license, any
interest in any license with respect to the premises of the retailer;
(b) By acquiring any interest in real or personal property owned, occupied, or
used by the retailer in the conduct of his business;
(c) By furnishing, giving, renting, lending or selling to the retailer, any
equipment, fixtures, signs, supplies, money, services, or other things of value, <br>except as the director of the Division of Malt Beverages, having regard for the <br>public health, the quantity and value of the articles involved, the prevention of <br>monopoly and the practice of deception, may by regulation otherwise <br>prescribe;
(d) By paying or crediting the retailer for any advertising, display or distribution
service subject to the exceptions which the director may by regulation <br>prescribe;
(e) By guaranteeing any loan or the repayment of any financial obligation of the
retailer; or
(f) By requiring the retailer to take and dispose of a certain quota of any malt
beverages.
(2) Notwithstanding any provisions in KRS Chapter 244 and this section, a brewer or
distributor may: <br>(a) Give, rent, loan, or sell to a malt beverage retailer signs, posters, placards,
designs, devices, decorations, or graphic displays bearing advertising matter <br>and for use in windows or elsewhere in the interior of a retail malt beverage <br>establishment; and
(b) Provide or furnish draught-line cleaning or coil-cleaning service to a malt
beverage retailer either directly or indirectly with the consent of the <br>distributor.
Effective: July 13, 2004 <br>History:Amended 2004 Ky. Acts ch. 120, sec. 4, effective July 13, 2004. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-<br>213.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97,
98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to <br>agencies and officers whose names have been changed in 2005 legislation confirming <br>the reorganization of the executive branch. Such a correction has been made in this <br>section.
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