AGO 1989-089.

• Case Date: July 10, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-089. July 10, 1989ATTORNEY GENERAL OPINION NO. 89-89The Honorable Ben Foster State Representative, Eighty-Fifth District 400 N. Woodlawn, Suite 205 Wichita, Kansas 67208-4332 Re: Intoxicating Liquors and Beverages--Certain Prohibited Acts and Penalties--Advertising and Display of Liquor; Restrictions; Outdoor Advertising After July 1, 1989 Synopsis: In that K.S.A. 1988 Supp. 41-714 is penal in nature, its provisions must be strictly construed in favor of the individuals and entities subject to its restrictions. Thus, in our opinion subsection (d) of this statute should be interpreted to authorize outdoor advertising of the price and brand name of alcoholic liquor beginning July 1, 1989. Cited herein: K.S.A. 1988 Supp. 41-714; K.S.A. 41-902; K.A.R. 14-8-1; 14-8-2. * * * Dear Representative Foster: You request our opinion regarding the appropriate interpretation to be given certain language appearing in K.S.A. 1988 Supp. 41-714. Specifically, you inquire whether subsection (d) of that statute authorizes outdoor advertising of the price and brand name of alcoholic liquor beginning July 1, 1989. K.S.A. 1988 Supp. 41-714 provides:

"(a) It shall be unlawful for:

"(1) Any person to advertise any alcoholic liquor by means of handbills;

"(2) any person to advertise any alcoholic liquor by means of billboards along public highways, roads and streets or for any owner or occupant of any property to permit any billboard advertising alcoholic liquor to remain on the property;

"(3) any retailer of alcoholic liquor to have any sign on the licensed premises in violation of subsection (b); or

"(4) any licensee to display alcoholic liquor in any window of the licensed premises.

"(b) No retailer shall have more than one sign on the licensed premises.

. . .

"(c) The provisions of this section shall not be interpreted to prohibit the advertising of a microbrewery or farm winery, but before July 1, 1989, no advertising of a farm winery shall advertise the sale of wines by the winery or the prices of those wines and before July 1, 1989, no advertising of a microbrewery shall advertise the sale of beer by the brewery or the prices of that beer. Any advertising of a farm winery or microbrewery shall be subject to approval by the director prior to its dissemination.

"(d) On and after July 1, 1989, the

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