2021 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 -- Retailer not to demand violation of this section -- Sampling events not a violation of this section.
Download as PDF
244.590 Brewer or distributor prohibited from offering certain inducements to
retailers -- Brewer or distributor may furnish advertising matter or cleaning
service to retailer -- Retailer not to demand violation of this section -- Sampling
events not a violation of this section.
(1)
(2)
(3)
(4)
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 that brewer or distributor to the exclusion in whole or in part of
malt beverages sold or offered for sale by other persons:
(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 the retailer's 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 malt beverages administrator, having regard for the public
health, the quantity and value of the articles involved, the prevention of
monopoly, and the practice of deception, may permit through the
promulgation of an administrative regulation;
(d) By paying or crediting the retailer for any advertising, display, or distribution
service subject to the exceptions that the board may permit through the
promulgation of an administrative regulation;
(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 Chapters 241 to 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.
A retailer shall not require or demand that a brewer or distributor violate this
section.
Sampling events conducted under KRS 243.0307(2)(d) shall not be a violation of
this section.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 102, sec. 15, effective July 15, 2020. -- Amended
2017 Ky. Acts ch. 62, sec. 112, effective January 1, 2018. -- Amended 2016 Ky. Acts
ch. 80, sec. 25, effective July 15, 2016. -- 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.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
