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KRS 244.040

Sales for cash only

Applied in 8 court decisions — leading case Roppel v. Shearer (1959)

Most recently applied in Landrum v. Board of Regents of Eastern Kentucky University (February 1994)

Effective: July 15, 2010 History: Amended 2010 Ky

How often courts cite this section

194819501960197019801990199420
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A brewer or distributor shall not sell alcoholic beverages to any person in this state for any consideration except for cash paid at or before the time of delivery. For purposes of this section, "cash" includes the sale of malt beverages by electronic transfers if the following conditions are met:

(a) The use of electronic transfers shall be voluntary and shall be agreed to by the affected brewer, distributor, and retailer;

(b) The brewer shall not pay or credit back in any way to the distributor any share of the cost that is attributable to the electronic transfer;

(c) The distributor shall not pay or credit back in any way to the retailer any share of the cost that is attributable to the electronic fund transfer;

(d) The transfer of funds shall be initiated by the brewer or the distributor;

(e) The distributor may debit the retailer's bank account for the exact amount due based on the amount of alcoholic beverages delivered;

(f) Electronic fund transfers that are rejected or denied at the time of sale for any reason shall be treated in the same manner as checks drawn on insufficient funds; and (g) Each participating retail licensee and each distributor maintain accurate records of all electronic fund transfers in accordance with department statutes and administrative regulations.

(2) A brewer or distributor shall not furnish or deliver any returnable bottled malt beverage without collecting a minimum container charge or deposit of sixty cents ($0.60) per case of twenty-four (24) twelve-ounce bottles or its equivalent in the same manner that the price of the malt beverage is collected.

(3) This section shall not prohibit a licensee from crediting to a purchaser the actual prices charged for packages or containers returned by the original purchaser as a credit on any sale, or from refunding to any purchaser the amount paid by the purchaser for containers or as a deposit on containers when the title is retained by the vendor, if the containers or packages have been returned to the brewer or distributor.

(4) No right of action shall exist to collect any claim for credit extended contrary to this section.

(5) This section shall not apply to sales by wholesalers or distributors to licensees that are private clubs or voluntary associations.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.