PART V. CASH SALES OF CERTAIN BEVERAGES
§741. Sales of beer and other malt beverages by wholesalers to retailers
A. All sales of beer and other malt beverages containing more than
one-half of one per cent alcohol by volume made by wholesalers to retailers
shall be for cash only.
B. The term "cash" as used in this Section means any consideration
consisting of currency, or coin, or check, or certified check, or bank money
order, in an amount equalling but not exceeding the purchase price of the beer
or other malt beverage delivered. The failure to pay cash upon delivery, or any
maneuver, device, or shift of any kind, whereby credit is extended, shall
constitute a violation of this Section and subject the license of any violator of
this Section to suspension or revocation by the commissioner.
C. The term "check" as used in this Section is an order in writing by a
retail beer permittee drawn on, and in accordance with the rules of any bank
licensed under the laws of this State, or of the United States of America,
ordering said bank to pay a certain sum of money to the beer wholesale
permittee making the sale, which check is honored by the bank upon
presentation.
D. The commissioner shall promulgate rules and regulations defining
terms, specifying conditions by which checks and other cash, as defined in
Subsections A and B hereof, may be accepted in payment of beer and other
malt beverages and establishing procedures and making requirements to be
followed by wholesale dealers in attending hearings, depositing checks, filing
reports of checks returned unpaid by the bank, and maintaining records. The
violation of such regulations when duly promulgated and enacted may be cause
for suspension or revocation of the violator's license by the commissioner.
Any action of the commissioner under this Section providing for suspension
or revocation of a permit shall be preceded by a notice to the violator and
hearing by the commissioner or his agent.
Amended by Acts 1962, No. 175, §1; Acts 1987, No. 696, §1.