Section 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) 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.Amended by 2020 Ky. Acts ch. 102,§ 15, eff. 7/14/2020.Amended by 2017 Ky. Acts ch. 62,§ 112, eff. 1/1/2018.Amended by 2016 Ky. Acts ch. 80,§ 25, eff. 7/14/2016.Amended by 2013 Ky. Acts ch. 121,§ 97, eff. 6/24/2013.Effective:7/13/2004
Amended 2004, Ky. Acts ch. 120, sec. 4, effective7/13/2004. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective 10/1/1942, from Ky. Stat. sec. 2554b-213.