Title XX, Alcoholic Beverages

system, charter flight system, or commercial cargo system eligible for license upon payment of fee -- Annual renewal. The department may issue an air transporter's license to a commercial airline system, a charter flight system, or a commercial cargo system, upon the payment of t…

No license shall be issued for any premises unless the applicant for the license is the owner of the premises or is in possession of the premises under a written agreement or a permit for a term of not less than the license period. A direct shipper license applicant shall be exem…

be issued. (1) Except as limited by subsection (2) of this section, quota retail drink licenses may be issued for premises located within urban-county governments, incorporated cities, or elsewhere in counties if those cities and counties maintain an adequate police force. (2) Qu…

Conditions. (1) A vintage distilled spirits license may be issued as a supplementary license to a licensee that holds a primary license that permits the sale of distilled spirits by the package or by the drink. (2) A vintage distilled spirits licensee shall file a monthly report …

(1) A limited nonquota package license may be issued as a supplementary license to a licensee that holds an NQ1 retail drink license, an NQ2 retail drink license, an NQ3 retail drink license, a quota retail drink license, or a limited restaurant license in a jurisdiction that has…

alcoholic beverages purchased on premises by consumers. (1) A quota retail package license shall authorize the licensee to: (a) Purchase, receive, possess, and sell distilled spirits and wine at retail in unbroken packages only, and only for consumption off the licensed premises;…

of quota licenses in territory. A quota retail package licensee assumes the business risk that the number of quota licenses available in a city or county may be increased at a later time.

purchasing. (1) A quota retail drink license shall authorize the licensee to purchase, receive, possess, and sell distilled spirits and wine at retail by the drink for consumption on the licensed premises, or off-premises consumption pursuant to KRS 243.081. The licensee shall pu…

and prohibited. (1) A special temporary license may be issued in wet territory to any regularly organized fair, exposition, racing association, farmers market, or other party, when in the opinion of the board a necessity for the license exists. Unless inconsistent with this secti…

license. Any person in wet territory licensed by the Kentucky Racing and Gaming Corporation under KRS 230.300 may be issued a license by the department and may hold a special temporary license as provided in KRS 243.260. When issued, the license shall be valid and effective only …

In order to promote economic development and tourism, other provisions of the Kentucky Revised Statutes notwithstanding, the department may issue an NQ1 retail drink license under KRS 243.030 to a horse racetrack that is licensed under KRS 230.300 and is located in a wet or moist…

Compatible licenses -- Certain premises not to be licensed. (1) A nonquota retail malt beverage package license shall authorize the licensee to: (a) Sell malt beverages at retail by the package from the licensed premises only for consumption off the licensed premises only; and (b…

certain charitable, public, or private institutions -- Federal ethanol permit. (1) A special nonbeverage alcohol license shall authorize the holder to purchase alcohol for nonbeverage purposes only from the holder of a distiller's license, wholesaler's license, or distributor's l…

nonresident -- Form. (1) A special agent's or solicitor's license may be issued to a duly authorized representative, employee, or agent of, or solicitor for a distiller, rectifier, winery, or wholesaler licensed in Kentucky or by the state of his or her residence and by the Unite…

temporary storage license in case of emergency. (1) A malt beverage storage license may be issued as a supplementary license to a distributor's license, a nonquota retail malt beverage package license, or a Nonquota type 4 retail malt beverage drink license. A malt beverage stora…

Application of federal law. (1) A distilled spirits and wine storage license may be issued as a primary license or as a supplementary license to the holder of a wholesaler's license, small farm winery's license, distiller's license, rectifier's license, or quota retail package li…

Sufficiency of substantial compliance. (1) (a) All persons shall, before applying for a license, advertise by publication their intention to apply for a license in the newspaper for legal notices for the county or city whose local administrator has jurisdiction over the proposed …

than two licensed premises. (1) Applications for distilled spirit and wine licenses or for cannabis-infused beverage licenses shall be made to the distilled spirits administrator. Applications for malt beverage licenses shall be made to the malt beverages administrator. Applicati…

supplemental statement -- Presumption of reliability of supplied information -- Exemption. (1) The board may require through the promulgation of an administrative regulation that license applications contain the following information, given under oath: (a) The name, age, Social S…

beverages -- Conditions for sale -- Sales to persons under age 21 prohibited -- Permitted activities by manufacturers -- Shipping and delivery. (1) (a) The distribution and retail sale of cannabis-infused beverages shall be regulated solely by the Department of Alcoholic Beverage…

Conditions. A cannabis-infused beverage retail package license shall only be issued as a supplemental license to the holder of a quota retail package license. A cannabis-infused beverage retail package license shall authorize the licensee to sell cannabis-infused beverages at ret…

Conditions. (1) A cannabis-infused beverage distributor's license may be issued as a primary license to a qualifying person as determined by the department or as a supplemental license to the holder of a distributor's or wholesaler's license. A cannabis-infused beverage distribut…

issuance of license. (1) The state administrator may deny any application for a license if the application is incomplete or the correct fee has not been remitted with the application. (2) A license shall not be approved or issued until the thirty (30) day period in which a protes…

All licenses shall contain: (1) The name and address of the licensee; (2) The number of the license; (3) The type of the license; (4) A description by street and number, or otherwise, of the licensed premises; (5) The expiration date of the license; and (6) A statement in substan…

(1) A license shall be denied: (a) If the applicant or the premises for which the license is sought does not comply fully with all applicable statutes under KRS Chapters 241 to 244 and the administrative regulations of the board; (b) If an alcoholic beverage applicant has not obt…

payments made. (1) If a state administrator denies a license application, the administrator shall notify the applicant in writing of the denial and reasons by registered or certified mail at the address given in the application or supplement. (2) The applicant may, within thirty …

(1) Upon proceedings for the revocation of any license under KRS 243.520, the Alcoholic Beverage Control Board, or the local administrator, may in its or his or her discretion order a suspension of the license for any cause for which it may, but is not required to, revoke the lic…

A license may be revoked or suspended by the board for a violation of any of the following: (1) Any of the provisions of KRS Chapters 241 to 244; (2) Any administrative regulation of the board relating to the regulation of the: (a) Manufacture, sale, and transportation of alcohol…

Any license may be revoked or suspended for the following causes: (1) Conviction of the licensee or the licensee's agent, servant, or employee for selling any illegal alcoholic beverages or cannabis-infused beverages on the licensed premises. (2) Making any false, material statem…

(1) Except as provided in subsection (2) of this section, a person shall not sell, purchase, deliver, give away, possess, use, or offer for sale or use an alcohol vaporizing device or assist another in selling or using an alcohol vaporizing device. (2) The provisions of subsectio…

Suspension under emergency order. The department may, on its own initiative or on the complaint of any person, institute administrative proceedings before the board to revoke or suspend any license. A license may be revoked or suspended only after the licensee has been afforded t…

to return license. Within three (3) days after any order of revocation of a license becomes final, notice of revocation shall be given to the licensee and to the owner of the licensed premises. A notice mailed to the licensee and to the owner of the licensed premises at the addre…

disposition, or nonrenewal of license -- Disposition upon bankruptcy -- Disposition by secured creditor or landlord -- Administrative regulations. (1) The provisions of this section shall apply to any licensee who is unable to continue in business at the licensed premises because…

Hearings upon appeals from orders of a local administrator, a license determination of a state administrator, or upon proceedings initiated by the department for license revocation or suspension shall be held by the board. The board may, at its discretion, hold the hearing in Fra…

parties -- Final order, when effective -- Power of court to dissolve stay. (1) All final orders of the board may be appealed to the Circuit Court of the county where the appellant resides or the county containing the appellant's licensed premises, if any, notwithstanding KRS Chap…

Any party aggrieved by a judgment of the Circuit Court may appeal to the Court of Appeals in accordance with the Rules of Civil Procedure. Effective:June 29, 2017

(1) The clerk of a county whose fiscal court has imposed license fees under KRS 243.060 shall immediately notify the board of the amount of the fees fixed. The county licenses shall be issued and the fees collected by the county clerk, who may charge a fee of fifty cents ($0.50) …

The clerk of a city whose legislative body has imposed license fees under KRS 243.070 shall immediately notify the board of the amount of the fees fixed. The city licenses shall be issued and the fees collected by such municipal official as may be designated by ordinance. That of…

(1) Before commencing or doing any business for the time for which a license has been issued, all licenses shall be posted and at all times displayed in a conspicuous place in the room or principal room where the business is carried on, so that all persons visiting the place may …

prohibited. (1) For purpose of this section, "transfer" means: (a) The transfer to a new person or entity of ten percent (10%) or more ownership interest in any licensed business or license; (b) The transfer in bulk, and not in the ordinary course of business, of a major part of …

(1) If a corporation, limited liability company, limited partnership, partnership, or other business entity recognized by law that holds a license is dissolved, or if a receiver, assignee for the benefit of creditors, or a guardian or conservator for the property of a licensee is…

In case of destruction by an act of God or casualty for which the licensee was not responsible, of premises for which a license has been issued, the state administrator may, if in the administrator's discretion the action is necessary to attain justice, change the license to auth…

No person shall pledge or grant a security interest in any license. This type of pledge or security interest and any contract providing for the pledge or security interest shall be void. Effective:June 29, 2017

The license fee for every license shall be payable by the person who makes application for the license and to whom it is issued, and no other person shall pay for any license issued. Effective:June 29, 2017

The board may compel obedience to its lawful orders by injunction or other proper proceedings in Franklin Circuit Court or any other court of competent jurisdiction, and the proceedings shall have priority over all pending cases.

Each wholesaler or self-distributing distiller shall pay to the Department of Revenue five cents ($0.05) per case on each case of distilled spirits sold by the wholesaler or self- distributing distiller in the state. This tax shall be computed each month according to the report r…

(1) (a) There is levied upon the use, sale, or distribution by sale or gift of distilled spirits a tax of one dollar and ninety-two cents ($1.92) on each wine gallon of distilled spirits, and a proportional rate per gallon on all distilled spirits used, sold, or distributed in an…

brewers' tax credit -- Due date of tax -- Advance payments -- Registration and permitting requirements. (1) (a) Wholesalers of distilled spirits and wine shall pay and report the tax levied by KRS 243.720(1) and (2) on or before the twentieth day of the calendar month next succee…

consumed out of state not subject to tax -- Conditions of exemption. The sale or distribution of alcoholic beverages or cannabis-infused beverages manufactured in or imported into this state for shipment permanently out of the state to be sold without the state and consumed witho…

trafficking in alcoholic beverages or cannabis-infused beverages. (1) For the purpose of assisting in the enforcement of KRS 243.720, 243.730, 243.790, and 243.884, every licensee, except retailers, whether subject to the payment of taxes imposed by KRS 243.720, 243.730, 243.790,…