2014 Kentucky Revised Statutes CHAPTER 244 - ALCOHOLIC BEVERAGES -- PROHIBITIONS, RESTRICTIONS, AND REGULATIONS 244.590 Brewer or distributor prohibited from offering certain inducements to retailers -- Brewer or distributor may furnish advertising matter or cleaning service to retailer.
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244.590 Brewer or distributor prohibited from offering certain inducements to
retailers -- Brewer or distributor may furnish advertising matter or
cleaning service to retailer.
(1)
(2)
No brewer or distributor shall induce through any of the following means any
retailer selling malt beverages by the package or drink to purchase any malt
beverages from him or her to the exclusion in whole or in part of malt
beverages sold or offered for sale by other persons, if the brewer or distributor
engages in the practice of using such means, or any of them, to such an extent
as substantially to restrain or prevent transactions in commerce in malt
beverages:
(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 or her business;
(c) By furnishing, giving, renting, lending, or selling to the retailer, any
equipment, fixtures, signs, supplies, money, services, or other things of
value, except as the director of the Division of Malt Beverages, having
regard for the public health, the quantity and value of the articles involved,
the prevention of monopoly, and the practice of deception, may by
administrative regulation otherwise prescribe;
(d) By paying or crediting the retailer for any advertising, display, or
distribution service subject to the exceptions which the director may by
administrative regulation 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.
Notwithstanding any provisions in KRS Chapter 244 and this section, a brewer
or distributor may:
(a) Give, rent, loan, or sell to any retailer selling malt beverages by the
package or drink signs, posters, placards, designs, devices, decorations,
or graphic displays bearing advertising matter and for use in windows or
elsewhere in the interior of a retail malt beverage establishment; and
(b) Provide or furnish draught-line cleaning or coil-cleaning service to a
nonquota retail malt beverage package licensee either directly or
indirectly with the consent of the distributor.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 121, sec. 97, effective June 25, 2013. -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-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 agencies and officers whose names have been changed in 2005
legislation confirming the reorganization of the executive branch. Such a
correction has been made in this section.
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