{"data":{"id":"us-ky/krs-244.585","jurisdiction":"us-ky","citation":"KRS 244.585","heading":"Distributor of malt beverages  not to sell outside his designated","body":"territory -- Contract between distributor and supplier.\n(1) It shall be unlawful for any distributor to sell any brand or product name of malt\nbeverage in the Commonwealth  of Kentucky, except in the territory described\nin a written agreement  between  the supplier or brewer and  distributor,\nauthorizing sale by the distributor of that brand and product name  within a\ndesignated area, and within that designated area the distributor shall not refuse\nto sell or offer reasonable service to licensed retailers during the normal\nbusiness hours of the distributor. Where  a supplier or brewer sells several\nbrands and named  products, the agreement need not apply to all brands and\nnamed  products sold by the supplier or brewer and may apply to only one (1)\nbrand and product name. No supplier or brewer shall provide by the written\nagreement for the distribution of a brand or named  product of malt beverages\nto more than one (1) distributor for all or any part of the designated territory.\nUpon  request, all territorial agreements shall be filed with the department.\n(2) Each  distributor shall comply with current, written quality control standards as\ndetermined by the owner of the trademark of the brand of malt beverage,\nprovided those controls are:\n(a) Normal industry practice;\n(b) Reasonably related to the maintenance of quality control;\n(c) Consistent with the provisions of this chapter and all administrative\nregulations promulgated under this chapter; and\n(d) Communicated  to the distributor through written notice of them from the\nowner.\n(3) A  distributor may sell to only those licensed retailers, religious, charitable, or\nfraternal organizations located within its designated geographical territory as\nprovided in this section and to the distributor's employees  and to other\ndistributors of the same  brand. No brand or product name  of malt beverage\nmay  be sold in the Commonwealth  of Kentucky without prior written approval of\nthe brewer and supplier filed with the department.\n(4) A territorial designation in any agreement between a distributor and brewer or\nsupplier pursuant to this section shall be modified only in accordance with all\nthe rights and duties of the distributor and brewer or supplier contained in any\nwritten agreement between them or by any other action of the brewer, supplier,\nor distributor that is consistent with the terms of their agreement, and this\nmodification shall be filed pursuant to the provisions of this section. The board\nshall require each party to verify that the level of service within the designated\nterritory will not be adversely affected by the modification. When  a distributor is\nprevented from selling or servicing retailers within its territory due to natural\ndisasters, labor disputes, or other causes beyond the distributor's control, the\ndistributor may allow another distributor of the same brand or named product of\nmalt beverages to sell and service that brand within its territory upon approval\nof the brewer or supplier.\n(5) No  provisions of any agreement shall expressly or impliedly establish or\nmaintain the resale price of any brand or product name of malt beverage by the\ndistributor.","path":["KRS Chapter 244"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46008","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:55Z","sha256":"a4febf93f2d14db022a5ecedd6d4018f75f3269150413b7ce1e8fdb93e859c05","source_id":"us-ky","stale":false,"prev":"us-ky/krs-244.580","next":"us-ky/krs-244.590"},"notice":"GroundRules: Original legal text. Not legal advice."}
