Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 25 - OFF-PREMISES CEREAL MALT BEVERAGE RETAILERS › Section 14-25-6 - Prohibited conduct of retailer

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A retailer shall not permit gambling or
			 the possession of any gambling or gaming device on the licensed
			 premises.
(b) A retailer shall not,
			 as a condition for the sale of cereal malt beverage or beer containing not more
			 than six percent alcohol by volume to a customer, require that the customer
			 purchase or contract to purchase cereal malt beverage or beer containing not
			 more than six percent alcohol by volume of another form, quantity, or brand in
			 addition to or partially in lieu of that specifically desired by the
			 customer.
(c) A retailer shall not
			 sell or deliver cereal malt beverage or beer containing not more than six
			 percent alcohol by volume of a particular form or brand to a customer under any
			 arrangement, agreement, or understanding, direct or implied, such that the sale
			 will be made only if the customer also buys a quantity of cereal malt beverage
			 or beer containing not more than six percent alcohol by volume of another form
			 or brand.
(d) A retailer shall not
			 refuse to permit the director, any agent or employee of the director, or any
			 law enforcement officer to inspect the licensed premises and any cereal malt
			 beverage or beer containing not more than six percent alcohol by volume in the
			 retailer's possession or under the retailer's control upon the licensed
			 premises or upon any other premises where the retailer has stored any cereal
			 malt beverage or beer containing not more than six percent alcohol by
			 volume.
(e) A retailer shall not
			 make any false or misleading representations with respect to any cereal malt
			 beverage or beer containing not more than six percent alcohol by volume on the
			 licensed premises or in connection with a sales transaction relating to brand,
			 type, proof, or age of any cereal malt beverage or beer containing not more
			 than six percent alcohol by volume. A retailer shall not deceive or attempt to
			 deceive a customer by removing or changing any label or sanitation cover from a
			 container or package of cereal malt beverage or beer containing not more than
			 six percent alcohol by volume.
(f)
			 A retailer shall not sell or remove any cereal malt beverage or beer containing
			 not more than six percent alcohol by volume from the licensed premises on any
			 day other than a legal day for the sale of cereal malt beverage or beer
			 containing not more than six percent alcohol by volume at retail, after the
			 legal closing hour or before the legal opening hour.
(g) A retailer shall not, directly or
			 indirectly, offer or furnish any gifts, prizes, premiums, rebates, or similar
			 inducements with the sale of any cereal malt beverage or beer containing not
			 more than six percent alcohol by volume, nor shall any retailer directly or
			 indirectly offer, furnish, or sell any cereal malt beverage or beer containing
			 not more than six percent alcohol by volume at less than its cost plus
			 applicable tax, except according to the following:
(1) Any retailer may include in the sale of
			 cereal malt beverage or beer containing not more than six percent alcohol by
			 volume any goods included by the manufacturer in packaging with the cereal malt
			 beverage or beer containing not more than six percent alcohol by volume. Goods
			 included by the manufacturer shall be packaged with one or more original
			 packages of cereal malt beverage or beer containing not more than six percent
			 alcohol by volume in such a manner as to be delivered to the consumer as a
			 single unit. A retailer shall not sell or give away goods included by a
			 manufacturer that are not packaged as a single unit with the original package
			 of cereal malt beverage or beer containing not more than six percent alcohol by
			 volume as shipped by the manufacturer.
(2) Any retailer may distribute consumer
			 advertising specialty items, subject to the limitations imposed by this
			 regulation. For the purposes of this regulation, consumer advertising specialty
			 items shall be limited to the following: ashtrays, bottle or can openers,
			 corkscrews, matches, printed recipes, informational pamphlets, cards and
			 leaflets, blotters, postcards, posters, printed sports schedules, pens,
			 pencils, and other items of minimal value as approved by the director. Each
			 consumer advertising specialty item shall contain advertising material relating
			 to a brand name of cereal malt beverage or beer containing not more than six
			 percent alcohol by volume or to the operation of the retailer distributing the
			 consumer advertising specialty item. No charge may be made for any consumer
			 advertising specialty item or any purchase required in order to receive any
			 consumer advertising specialty item.