4 chapters · 243 sections in this title.
KRS § 243.015 Definitions for chapter
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As used in this chapter, unless the context otherwise requires, the words and terms defined in KRS 241.010 have the meaning given to them in KRS 241.010.
KRS § 243.020 License required -- Federal license presumptions -- Alcoholic beverages and cannabis-infused beverages not purchased from licensee disallowed on licensed premises -- Licenses permitted in moist territory -- Possession of alcohol on or near licensed entertainment destination center premises permitted
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and cannabis-infused beverages not purchased from licensee disallowed on licensed premises -- Licenses permitted in moist territory -- Possession of alcohol on or near licensed entertainment destination center premises permitted. (1) A person shall not do any act authorized by an…
KRS § 243.025 Fees to be used for administration and enforcement of alcoholic beverage laws
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laws. (1) All of the fees paid into the State Treasury for state licenses shall be credited to a revolving trust and agency account, as provided in KRS 45.253, for the Department of Alcoholic Beverage Control. (2) All fees associated with the department's server training program …
KRS § 243.027 KRS 243.027 to 243.029 supersedes any conflicting provision of KRS Chapters 241 to 244 -- Licensing of direct shippers of alcoholic beverages and cannabis-infused beverages -- Duties of direct shipper licensees -- Administrative regulations -- Use of third parties to ship -- Shipping of samples
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Chapters 241 to 244 -- Licensing of direct shippers of alcoholic beverages and cannabis-infused beverages -- Duties of direct shipper licensees -- Administrative regulations -- Use of third parties to ship -- Shipping of samples. (1) KRS 243.027 to 243.029 shall supersede any con…
KRS § 243.028 Limitations on shipments of alcoholic beverages and cannabis-infused beverages by direct shipper licensees -- Notice and labeling requirements -- Recipient age verification and signature required -- Penalty for consumer who attempts illegal receipt -- Shipping mode requirements
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beverages by direct shipper licensees -- Notice and labeling requirements -- Recipient age verification and signature required -- Penalty for consumer who attempts illegal receipt -- Shipping mode requirements. (1) A direct shipper licensee may sell or ship to a consumer all type…
KRS § 243.029 Taxes on sales of alcoholic beverages owed by direct shipper licensees
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licensees. (1) For purposes of this section, "taxes" associated with the purchase of alcoholic beverages includes any applicable: (a) Sales tax; (b) Use tax; (c) Excise tax; (d) Wholesale tax equivalent as established in KRS 243.884; (e) Regulatory license fees; and (f) Other ass…
KRS § 243.030 Distilled spirits and wine and cannabis-infused beverages licenses -- Kinds -- Fees
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-- Fees. The following licenses that authorize traffic in distilled spirits and wine and in cannabis- infused beverages may be issued by the distilled spirits administrator. Licenses that authorize traffic in all alcoholic beverages may be issued by both the distilled spirits adm…
KRS § 243.0305 Licensed distillers with retail outlets on premises -- Payment of taxes – Sale of souvenir packages and private selection packages -- Sampling and sale of alcoholic beverages on premises of distillery -- Sale of alcoholic beverages by the drink at certain events -- Sale of products in collaboration with a brewer -- Sale and self-distribution of distilled spirits by certain distillers -- Off-premises retail sales outlet
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Sale of souvenir packages and private selection packages -- Sampling and sale of alcoholic beverages on premises of distillery -- Sale of alcoholic beverages by the drink at certain events -- Sale of products in collaboration with a brewer -- Sale and self-distribution of distill…
KRS § 243.0307 Sampling license -- Sampling and sale of alcoholic beverages on premises of licensed retailer
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of licensed retailer. (1) A sampling license may be issued to the holder of: (a) A quota retail drink license; (b) A quota retail package license; (c) A nonquota retail malt beverage package license; (d) An NQ1 license; (e) An NQ2 license; (f) An NQ4 retail malt beverage drink li…
KRS § 243.033 Caterer's license
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(1) A caterer's license may be issued as a supplementary license to a caterer that holds a quota retail package license, a quota retail drink license, an NQ1 license, an NQ2 license, or a limited restaurant license. (2) The caterer's license may be issued as a primary license to …
KRS § 243.034 Business authorized by limited restaurant license within wet territory or certain moist precincts -- Package sales prohibited -- Prohibition against sale of alcohol without meal -- Restrictions on purchasing
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certain moist precincts -- Package sales prohibited -- Prohibition against sale of alcohol without meal -- Restrictions on purchasing. (1) A limited restaurant license may be issued to an establishment meeting the definition criteria established in KRS 241.010(39) as long as the …
KRS § 243.0341 Proposal of ordinance authorizing by the drink sales of alcoholic beverages in restaurants and dining facilities containing seating for at least fifty persons -- Qualifications -- Conditions -- Limited effect of ordinance
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beverages in restaurants and dining facilities containing seating for at least fifty persons -- Qualifications -- Conditions -- Limited effect of ordinance. (1) Notwithstanding any other provision of law, the following local governments may elect to act under this section: (a) An…
KRS § 243.035 Bottling house or bottling house storage license
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The distilled spirits administrator may issue a bottling house or bottling house storage license only to persons who are authorized under this chapter to store or warehouse distilled spirits or wine. The bottling house or bottling house storage license shall authorize the license…
KRS § 243.036 Special temporary alcoholic beverage auction license -- Permitted activities -- Restrictions
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-- Restrictions. (1) A special temporary alcoholic beverage auction license may be issued to an auctioneer licensed under KRS Chapter 330 or to a charitable or nonprofit organization. (2) A special temporary alcoholic beverage auction license issued to a charitable or nonprofit o…
KRS § 243.037 Supplemental bar license -- Main bar and service bars -- Fees
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(1) Except as where specifically authorized by statute, a retailer licensed to sell distilled spirits or wine by the drink shall only be permitted to sell or serve distilled spirits and wine by the drink at one (1) main bar, counter, or similar contrivance at the licensed premise…
KRS § 243.038 Agreement of golf course to comply with the provisions of KRS Chapter 344
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344. (1) The Department of Alcoholic Beverage Control shall not issue a license to an applicant authorized to apply for a license to sell alcoholic beverages by the drink under KRS 243.039 unless the applicant and the golf course, if different from the applicant, agree to volunta…
KRS § 243.039 Business authorized by limited golf course license within wet territory, where the sale of alcoholic beverages is lawful, or certain moist precincts -- Package sales prohibited
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where the sale of alcoholic beverages is lawful, or certain moist precincts -- Package sales prohibited. (1) A limited golf course license may be issued to an establishment that is a nine (9) or an eighteen (18) hole golf course that meets United States Golf Association criteria …
KRS § 243.040 Malt beverage licenses -- Kinds -- Fees
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The following kinds of malt beverage licenses may be issued by the malt beverages administrator, the fees for which shall be: (1) Brewer's license, per annum ........................................................................$2,580.00 (2) Microbrewery license, per annum ....…
KRS § 243.042 Qualified historic site license
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(1) A qualified historic site license may be issued to any establishment meeting the criteria established in KRS 241.010 as long as the establishment is within: (a) Any wet territory; or (b) Any precinct that has authorized the sale of alcoholic beverages under KRS 242.1242. (2) …
KRS § 243.045 Issuance of transitional license by state administrator or administrators -- Limitations on use
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Limitations on use. (1) A transitional license may be issued by the state administrator or administrators during the time a transfer of an ongoing business is being processed under the following conditions: (a) The purchaser shall file an application for a permanent license with …
KRS § 243.050 Extended hours supplemental license -- Sunday retail drink license
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(1) The state administrators may issue an extended hours supplemental license for the retail sale of alcoholic beverages by the drink to the holder of an NQ1 retail drink license, a qualified historic site license, or a license located in a commercial airport. The board may, by a…
KRS § 243.055 Hotel in-room service license
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(1) As used in this section, the following definitions shall apply: (a) "Hotel" means any hotel, motel, inn, or other establishment which offers overnight accommodations to the public for hire; (b) "In-room service" means the delivery of alcoholic beverages in unbroken packages b…
KRS § 243.060 County and consolidated local government licenses -- Kinds -- Fees -- Restrictions on increase of fees
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Restrictions on increase of fees. (1) The fiscal court of any county or a consolidated local government in which traffic in alcoholic beverages is permitted under KRS Chapter 242 may only issue the following alcoholic beverage licenses and corresponding maximum fees. The license …
KRS § 243.070 City and consolidated local government licenses -- Kinds -- Fees -- Restriction on increase of fees
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Restriction on increase of fees. (1) The legislative body of any city or a consolidated local government in which traffic in alcoholic beverages is permitted under KRS Chapter 242 may only issue the following alcoholic beverage licenses and corresponding maximum fees. The license…
KRS § 243.075 Eligible city or county may impose regulatory license fee up to five percent on gross receipts of each establishment's sale of alcoholic beverages and cannabis-infused beverages -- Annual levies -- Credits -- Applicability of county regulatory license fee if city levies license fee -- Enactment of fee within two years following election -- Administrative regulations -- Use of revenue received from regulatory license fee -- Penalties for violation -- Party suing city or county for violation responsible for attorney fees if city or county found not to be in violation -- Regulatory fee imposed before 2019 permitted to continue at existing rate -- Applicability to direct shipper licensee -- Report to department
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on gross receipts of each establishment's sale of alcoholic beverages and cannabis-infused beverages -- Annual levies -- Credits -- Applicability of county regulatory license fee if city levies license fee -- Enactment of fee within two years following election -- Administrative …
KRS § 243.081 Retail sale of alcoholic beverages on a delivery, to-go, or take-out basis -- Prohibitions -- Requirements -- Exemptions regarding delivery vehicle signage -- Application of other laws
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basis -- Prohibitions -- Requirements -- Exemptions regarding delivery vehicle signage -- Application of other laws. (1) If authorized under its licensing statute, a license holder with the privilege of selling alcoholic beverages by the drink at retail shall be permitted to sell…
KRS § 243.0811 Persons delivering alcoholic beverages or cannabis-infused beverages by the package on behalf of licensee -- Requirements
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the package on behalf of licensee -- Requirements. (1) Any person delivering alcoholic beverages or cannabis-infused beverages by the package at retail on behalf of a licensee shall not sell to: (a) A minor under twenty-one (21) years of age; or (b) An intoxicated person. (2) Any…
KRS § 243.082 Nonquota type 1 or NQ1 retail drink license -- Issuance to a convention center or convention hotel complex, horse racetrack, automobile racetrack, railroad system, commercial airline system or charter flight system, or state park -- Privileges, duties, and restrictions for eligible entities
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convention center or convention hotel complex, horse racetrack, automobile racetrack, railroad system, commercial airline system or charter flight system, or state park -- Privileges, duties, and restrictions for eligible entities. (1) A "Nonquota type 1" or "NQ1" retail drink li…
KRS § 243.084 Nonquota type 2 or NQ2 retail drink license -- Issuance to certain hotels, certain restaurants, airports, or riverboats -- Privileges, duties, and restrictions for eligible entities
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certain restaurants, airports, or riverboats -- Privileges, duties, and restrictions for eligible entities. (1) A "Nonquota type 2" or "NQ2" retail drink license may be issued to an applicant operating as, or in: (a) A hotel that: 1. Contains at least fifty (50) sleeping units; a…
KRS § 243.086 Nonquota type 3 or NQ3 retail drink license -- Issuance to private club, dining car, or bed and breakfast -- Varying restrictions and authorizations for eligible entities
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dining car, or bed and breakfast -- Varying restrictions and authorizations for eligible entities. (1) A "Nonquota type 3" or "NQ3" retail drink license may be issued to an applicant operating as, or in: (a) A private club; (b) A dining car; or (c) A bed and breakfast. (2) The ho…
KRS § 243.088 Nonquota type 4 or NQ4 retail malt beverage drink license -- Issuance to holders of quota retail drink license, microbrewery license, small farm winery license, or other businesses selling for consumption on premises -- Permitted activities -- Sales at service stations -- Restrictions on purchasing
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holders of quota retail drink license, microbrewery license, small farm winery license, or other businesses selling for consumption on premises -- Permitted activities -- Sales at service stations -- Restrictions on purchasing. (1) A "Nonquota type 4" or "NQ4" retail malt beverag…
KRS § 243.089 Authorized public consumption license issued in wet territory to commercial quadricycle business
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commercial quadricycle business. (1) An "authorized public consumption" license or "APC" license may be issued in wet territory to an applicant operating as, or in a commercial quadricycle business. (2) The following qualifications are required before an APC license may be issued…
KRS § 243.090 Date licenses expire -- Reduction in fee for licenses less than six months -- Renewals not to affect proceedings for violations -- Term of renewals -- Denial of renewal to delinquent taxpayer
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Renewals not to affect proceedings for violations -- Term of renewals -- Denial of renewal to delinquent taxpayer. (1) (a) All licenses issued by the department, except special event licenses, temporary licenses, or licenses listed in subsection (5) of this section, shall be vali…
KRS § 243.100 Persons who may not be licensed -- Evasion of license disqualification by certain persons -- Direct shipper exemption
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certain persons -- Direct shipper exemption. An individual shall not become a licensee if the individual: (1) (a) Has been convicted of any felony until five (5) years have passed from the date of conviction, release from custody or incarceration, parole, or termination of probat…
KRS § 243.110 Incompatible licenses
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(1) Except as provided in subsection (3) of this section, each kind of license listed in KRS 243.030 shall be incompatible with every other kind listed in that section and no person or entity holding a license of any of those kinds shall apply for or hold a license of another kin…
KRS § 243.115 Removal of partially consumed bottle of wine from restaurant licensed under KRS 243.030
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under KRS 243.030. (1) A restaurant licensed under KRS 243.030 may permit a patron of the restaurant to remove one (1) opened container of wine from the restaurant's premises for consumption off the premises if the patron has purchased and partially consumed the bottle of wine wi…
KRS § 243.117 Placement of resealed bottle of wine during transport
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If a patron removes a resealed bottle of wine from the premises of a restaurant as provided for in KRS 243.115, any resealed bottle of wine that is transported in a motor vehicle shall be placed in a locked glove compartment or the trunk or other area that is not a passenger area…
KRS § 243.120 Business authorized by distiller's, rectifier's, or winery license -- Class A and Class B distiller's and rectifier's licenses -- Distiller's sale of distilled spirits by the drink
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and Class B distiller's and rectifier's licenses -- Distiller's sale of distilled spirits by the drink. (1) A distiller's, rectifier's, or winery license shall authorize the licensee to engage in the business of distiller, rectifier, or winery at the premises specifically designa…
KRS § 243.130 Transactions permitted to brewers, distillers, rectifiers, and wineries
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(1) Sales and deliveries of distilled spirits and wine may be made at wholesale, and from the licensed premises only: (a) By distillers to rectifiers, wineries, holders of special nonbeverage alcohol licenses so far as they may make the purchases, or other distillers; (b) By rect…
KRS § 243.150 Business authorized by brewer's license -- Sale and service of malt beverages -- Sampling by employees
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beverages -- Sampling by employees. (1) A brewer's license shall authorize the licensee to engage in the business of a brewer at the premises specifically designated in the license, and to transport for itself only any malt beverage which the licensee is authorized by its license…
KRS § 243.154 Business authorized by small farm winery wholesaler's license -- Licensed premises on small farm winery
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premises on small farm winery. (1) A small farm winery wholesaler's license shall authorize the licensee: (a) To purchase, receive, store, or possess wine produced by small farm winery licensees; (b) To sell the wine at wholesale from the licensed premises only; and (c) To transp…
KRS § 243.155 Small farm winery license -- Eligibility and application process -- Business authorized by license -- Direct shipment of wine -- Self-distribution -- Custom crushing services -- Off-premises retail sales outlet in wet territory -- Other permitted licenses -- Renewal of license -- Sampling by employees
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authorized by license -- Direct shipment of wine -- Self-distribution -- Custom crushing services -- Off-premises retail sales outlet in wet territory -- Other permitted licenses -- Renewal of license -- Sampling by employees. (1) A small farm winery may apply for a small farm wi…
KRS § 243.157 Business authorized by a microbrewery license -- Functions licensee permitted to perform -- Microbrewery to pay wholesale and excise taxes on sales of malt beverages -- Sampling by employees
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permitted to perform -- Microbrewery to pay wholesale and excise taxes on sales of malt beverages -- Sampling by employees. (1) A microbrewery license shall authorize the licensee to perform the following functions: (a) Engage in the business of a brewer under the terms and condi…
KRS § 243.160 Business authorized by wholesaler's license
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(1) A licensed wholesaler may purchase, receive, store, or possess distilled spirits and wine to sell at wholesale, from the licensed premises only, and to transport to and from the licensed premises only alcoholic beverages that the wholesaler's license authorizes the licensee t…
KRS § 243.170 Transactions permitted to wholesalers
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(1) A wholesaler may sell, deliver, and transport distilled spirits and wine at wholesale, and from the licensed premises only, to: (a) Other wholesalers; (b) Retailers; or (c) A point out of the state to persons authorized by the law of the state of their residence, and by the U…
KRS § 243.180 Business authorized by distributor's license
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(1) A distributor's license shall authorize the licensee to: (a) Purchase malt beverages from Kentucky breweries or from out-of-state breweries or distributors licensed to do business by the state in which they are located; (b) Import a non-United States brand malt beverage from …
KRS § 243.185 Sale of alcoholic beverages and malt beverages at marinas -- Qualification for local option election under KRS 242.122
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for local option election under KRS 242.122. (1) To qualify for a local option election under KRS 242.122, a marina shall: (a) Operate on any body of water; (b) Own, operate, or manage at least fifteen (15) boat slips; (c) Buy and sell gasoline and petroleum products for the oper…
KRS § 243.200 Transporter's license, authority for issuance to certain motor carriers or to common carrier -- Holder's privileges, duties, and restrictions -- Delivery or shipment of alcoholic beverages or cannabis-infused beverages with adult-signature-only service -- Authority to examine vehicle and cargo -- When transporter's license not required -- Required maintenance of books and records
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common carrier -- Holder's privileges, duties, and restrictions -- Delivery or shipment of alcoholic beverages or cannabis-infused beverages with adult- signature-only service -- Authority to examine vehicle and cargo -- When transporter's license not required -- Required mainten…
KRS § 243.212 Distilled spirits and wine supplier's license authorizing importation of distilled spirits and wine -- Nonresident entities eligible for license -- Licenses and limited licenses -- Exemption from notice requirements of KRS 243.360
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of distilled spirits and wine -- Nonresident entities eligible for license -- Licenses and limited licenses -- Exemption from notice requirements of KRS 243.360. (1) An out-of-state distiller, wholesaler, rectifier, winery, small farm winery, importer for a distillery, winery, or…
KRS § 243.215 Malt beverage supplier's license authorizing importation of malt beverages -- Nonresident entities eligible for license -- Licenses and limited licenses -- Exemption from notice requirements of KRS 243.360
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beverages -- Nonresident entities eligible for license -- Licenses and limited licenses -- Exemption from notice requirements of KRS 243.360. (1) An out-of-state brewer, distributor, importer for a brewer, or importer of a non-United States brand of malt beverage, who is the prim…