Kansas Administrative Regulations › Agency 14 - KANSAS DEPARTMENT OF REVENUE-DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Article 13 - RETAIL LIQUOR DEALER › Section 14-13-13 - 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.
			 However, any retailer may sell, operate, possess, and offer to the public
			 lottery tickets permitted by the Kansas lottery act if the retailer is
			 authorized by the Kansas lottery commission to do so.
(b) A retailer shall not, as a condition for
			 the sale or delivery of alcoholic liquor to a customer or to any other licensee
			 who is licensed under the liquor control act or the club and drinking
			 establishment act, require that the other licensee or customer purchase or
			 contract to purchase alcoholic liquor of another form, quantity, or brand in
			 addition to or partially in lieu of that specifically ordered or wanted by the
			 licensee or customer.
(c) A
			 retailer shall not sell or deliver alcoholic liquor of a particular form or
			 brand to a customer or to any other licensee who is licensed under the liquor
			 control act or the club and drinking establishment act under any arrangement,
			 agreement, or understanding, direct or implied, such that the sale or delivery
			 will be made only if the other licensee or customer also buys or accepts
			 delivery of a quantity of alcoholic liquor of another form or brand.
(d) A retailer shall not refuse to permit the
			 director or any agent or employee of the director to inspect the licensed
			 premises and any alcoholic liquor 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 alcoholic liquor.
(e) A retailer shall not make any false or
			 misleading representations with respect to any alcoholic liquor product or any
			 licensed premises or in connection with a sales transaction relating to brand,
			 type, proof, or age of an alcoholic liquor or beer. A retailer shall not
			 deceive or attempt to deceive a customer by removing or changing any label or
			 sanitation cover from a container of alcoholic liquor.
(f) A retailer shall not sell or remove any
			 alcoholic liquor from the licensed premises on any day other than a legal day
			 for the sale of alcoholic liquor 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
			 alcoholic liquor, nor shall any retailer directly or indirectly offer, furnish,
			 or sell any alcoholic liquor at less than its cost plus enforcement tax, except
			 according to the following:
(1) Any retailer
			 may include in the sale of alcoholic liquor any goods included by the
			 manufacturer in packaging with the alcoholic liquor. Goods included by the
			 manufacturer shall be packaged with one or more original packages of alcoholic
			 liquor 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 alcoholic liquor 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 alcoholic liquor
			 or to the operation of the retail liquor store 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.