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41-2722. Certain sales practices prohibited; penalties; drink defined.

41-2722

Chapter 41.--INTOXICATING LIQUORS AND BEVERAGES
Article 27.--CEREAL MALT BEVERAGES

      41-2722.   Certain sales practices prohibited; penalties; drink defined.(a) No retailer, or employee or agent of a retailer, licensedto sell cereal malt beverage for consumption on the licensed premises shall:

      (1)   Offer or serve any free cereal malt beverage to any person;

      (2)   offer or serve to any person a drink at a price that is less thanthe acquisition cost of the drink to the licensee;

      (3)   sell, offer to sell or serve to any person an unlimited number ofdrinks during any set period of time for a fixed price, except at privatefunctions not open to the general public;

      (4)   sell, offer to sell or serve any drink to any person at any timeat a price less than that charged the general public on that day,except at private functions not open to the general public;

      (5)   increase the size of a drink of cereal malt beveragewithout increasing proportionately the price regularlycharged for the drink on that day;

      (6)   encourage or permit, on the licensed premises, any game or contestwhich involves drinking cereal malt beverage or theawarding of drinks as prizes; or

      (7)   advertise or promote in any way, whether on or off the licensedpremises, any of the practices prohibited under subsections (a)(1) through(6).

      (b)   Nothing in subsection (a) shall be construed to prohibit a retailer fromoffering free food or entertainment at any time.

      (c)   Violation of any provisions of this section is a misdemeanorpunishable as provided by K.S.A. 41-2711 and amendments thereto.

      (d)   Violation of any provision of this act shall be grounds forsuspension or revocation of the retailer's license as provided by K.S.A.41-2708 and amendments thereto.

      (e)   Every licensee subject to the provisions of this section shallmake available at any time upon request a price listshowing the licensee's current prices for all cereal malt beverages.

      (f)   As used in this section, "drink" means an individual serving ofcereal malt beverage.

      (g)   This section shall be part of and supplemental to K.S.A. 41-2701through 41-2721, and amendments thereto.

      History:   L. 1985, ch. 173, § 5; L. 1986, ch. 185, § 8; July 1.

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