Kentucky Statutes 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 –…
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(1) 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.
(2) 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.
(3) A retailer shall not require or demand that a brewer or distributor violate this section.
(4) 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.
(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;
Terms Used In Kentucky Statutes 244.590
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Personal property: All property that is not real property.
- Violate: includes failure to comply with. See Kentucky Statutes 446.010
(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.
(2) 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.
(3) A retailer shall not require or demand that a brewer or distributor violate this section.
(4) 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.