Title XX, Alcoholic Beverages
4 chapters · 243 sections in this title.
KRS § 243.470 Applicant may have hearing before license is denied -- Refund of payments made
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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 …
KRS § 243.480 Suspension of licenses -- Payments in lieu of suspension -- Appeal
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(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…
KRS § 243.490 Causes for which licenses may be revoked or suspended
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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…
KRS § 243.500 Causes for which licenses may be revoked or suspended
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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…
KRS § 243.502 Restrictions on possession and use of alcohol vaporizing device
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(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…
KRS § 243.520 Institution of revocation proceedings -- Notice -- Hearing -- Suspension under emergency order
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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…
KRS § 243.530 License to be surrendered upon revocation -- Police chief or sheriff to return license
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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…
KRS § 243.540 Scope of section -- Disposition of stock upon revocation, surrender, court disposition, or nonrenewal of license -- Disposition upon bankruptcy -- Disposition by secured creditor or landlord -- Administrative regulations
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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…
KRS § 243.550 Conduct of hearing by board
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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…
KRS § 243.560 Appeal to Circuit Court from order of board -- How taken -- Necessary parties -- Final order, when effective -- Power of court to dissolve stay
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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…
KRS § 243.590 Appeal to Court of Appeals
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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
KRS § 243.600 Issuance of county licenses
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(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) …
KRS § 243.610 Issuance of city licenses
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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…
KRS § 243.620 Posting of licenses
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(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 …
KRS § 243.630 Transfer of license or acquisition of interest without authorization prohibited
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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 …
KRS § 243.640 Continuance in business by representative of defunct licensee
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(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…
KRS § 243.650 Transfer of license to other premises
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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…
KRS § 243.660 Pledging or granting of security interest in any licenses prohibited
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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
KRS § 243.670 Applicant to pay for own license
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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
KRS § 243.675 Injunctive or other judicial proceedings by board -- Priority of cases
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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.
KRS § 243.710 Wholesaler's and self-distributing distiller's tax on distilled spirits
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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…
KRS § 243.720 Rate of tax
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(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…
KRS § 243.730 Reports by wholesalers and distributors or retailers -- Applicability of brewers' tax credit -- Due date of tax -- Advance payments -- Registration and permitting requirements
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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…
KRS § 243.790 Alcoholic beverages or cannabis-infused beverages to be shipped and consumed out of state not subject to tax -- Conditions of exemption
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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…
KRS § 243.850 Licensee or manufacturer to report to Department of Revenue on trafficking in alcoholic beverages or cannabis-infused beverages
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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,…
KRS § 243.882 Definitions for KRS 243.884 to 243.890
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For the purposes of KRS 243.884 to 243.890: (1) "Distributor" means a person required to be or who is a licensee authorized to do business pursuant to KRS 243.180; (2) "Microbrewery" means a person required to be or who is a licensee authorized to do business pursuant to KRS 243.…
KRS § 243.884 Wholesale sales tax imposed -- Rates -- Report and payment -- Exemptions
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Exemptions. (1) (a) For the privilege of making "wholesale sales" or "sales at wholesale" of malt beverages, wine, distilled spirits, or cannabis-infused beverages, a tax is hereby imposed upon all wholesalers of wine and distilled spirits, all distributors of malt beverages or c…
KRS § 243.886 Reimbursement for collecting and reporting -- Microbrewery or distiller that pays wholesale sales tax not entitled to reimbursement
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distiller that pays wholesale sales tax not entitled to reimbursement. To reimburse himself or herself for the cost of collecting and reporting the tax, each person required to pay and report the tax levied by KRS 243.884, other than a microbrewery or a distiller, shall deduct on…
KRS § 243.890 Receipts to be used for general fund purposes
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Except as provided in KRS 211.285, receipts derived from taxes assessed and collected under the provisions of this chapter shall be appropriated for general fund purposes.
KRS § 243.895 Warning of dangers of drinking alcoholic beverages during pregnancy to be posted
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pregnancy to be posted. All licensed retailers of alcoholic beverages, except holders of special temporary licenses, shall post in a prominent place easily seen by patrons a printed sign at least eight and one-half (8-1/2) inches by eleven (11) inches in size, with gender-neutral…
KRS § 243.897 Prohibition against purchase of metal beer keg except from brewer or representative
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representative. No recycler, scrap metal dealer, or scrap yard operator may purchase any metal beer keg, whether damaged or undamaged, except from the brewer or its authorized representative, if: (1) The keg is clearly marked as the property of a brewery manufacturer; or (2) The …
KRS § 243.990 Penalties
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(1) Any person who, by himself or herself or acting through another, directly or indirectly, violates any of the provisions of KRS 243.020 to 243.670, for which no other penalty is provided, shall, for the first offense, be guilty of a Class B misdemeanor; and for the second and …
KRS § 244.010 Definitions
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As used in this chapter, unless the context requires otherwise, the words and terms defined in KRS 241.010 have the meaning given to them in KRS 241.010.
KRS § 244.030 Soliciting orders -- When prohibited
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(1) No licensee under KRS Chapters 241 to 244 shall employ any canvasser or solicitor for the purpose of receiving an order from a consumer for any alcoholic beverages at the residence or place of business of the consumer, nor shall any such licensee receive or accept any order t…
KRS § 244.040 Sales for cash only
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(1) A brewer or distributor shall not sell alcoholic beverages to any person in this state for any consideration except for cash paid at or before the time of delivery. For purposes of this section, "cash" includes the sale of malt beverages by electronic transfers if the followi…
KRS § 244.050 "Treating" prohibited -- Exceptions
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A retail licensee shall not sell, give away, or deliver any alcoholic beverage at retail in any quantity for less than paid or current wholesale cost, except upon written request and approval by the administrators, pursuant to a bona fide "close out" sale, or as provided by KRS 2…
KRS § 244.060 Licensee to purchase from and sell only to persons authorized to sell or purchase
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purchase. (1) No licensee shall purchase or agree to purchase any alcoholic beverages or cannabis-infused beverages from any person within or without this state, who is not licensed to sell the beverages to the particular purchaser at the time of the agreement to sell, nor give a…
KRS § 244.080 Retail sales to certain persons prohibited -- Affirmative defense in prosecution for selling to a minor
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prosecution for selling to a minor. A retail licensee, or the licensee's agent, servant, or employee, shall not sell, give away, or deliver any alcoholic beverages or cannabis-infused beverages, or procure or permit any alcoholic beverages or cannabis-infused beverages to be sold…
KRS § 244.083 Licensee to display notice as to sale to minors
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Every retail licensee shall display at all times in a prominent place a printed card at least eight (8) inches by eleven (11) inches in size which shall show, in thirty (30) point or larger type, substantially as follows: Persons under the age of twenty-one (21) are subject to a …
KRS § 244.085 Minors not to possess or purchase liquor nor to misrepresent age -- Use of fraudulent identification -- Prohibition against minors remaining on premises where alcoholic beverages sold
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fraudulent identification -- Prohibition against minors remaining on premises where alcoholic beverages sold. (1) A person under twenty-one (21) years of age shall not enter any premises licensed for the sale of alcoholic beverages for the purpose of purchasing or receiving any a…
KRS § 244.090 Persons whom licensees may not employ -- Exceptions
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(1) A person holding any license shall not knowingly employ in connection with the licensed business any person who: (a) Has been convicted of any felony within the last two (2) years; (b) Has been twice convicted of any misdemeanor or offense directly or indirectly attributable …
KRS § 244.105 Gift card for alcoholic beverages to be redeemed only by persons 21 and older
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older. No person under the age of twenty-one (21) may redeem a gift card or any portion of a gift card for the purchase of alcoholic beverages. A person holding a license under KRS 243.030 or 243.040 may redeem a gift card for the purchase of alcoholic beverages if the person pre…
KRS § 244.110 Retail premises to furnish clear view from sidewalk or entrance
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The entrance of any premises for which a quota retail package license or a quota retail drink license has been issued shall be of clear glass and permit an unobstructed view. The premises shall be erected and maintained to furnish a clear view of the premises from the sidewalk, o…
KRS § 244.120 Retail premises not to be disorderly -- Acts constituting disorderly behavior
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behavior. (1) A retail licensee, a patron, or the licensee's agents, servants, or employees shall not cause, suffer, or permit the licensed premises to be disorderly. (2) Acts which constitute disorderly premises consist of causing, suffering, or permitting patrons, the licensee,…
KRS § 244.125 Prohibition against possession of loaded firearm in room where alcoholic beverages are being sold by the drink
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beverages are being sold by the drink. (1) Except as provided in subsection (3) of this section, no person shall be in possession of a loaded, as defined in KRS 237.060, firearm while actually within the room where alcoholic beverages are being sold by the drink of a building on …
KRS § 244.130 Advertising to comply with regulations of board -- Types of advertising not prohibited
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advertising not prohibited. (1) A licensee may advertise or cause to be advertised in any manner any product that the licensee is licensed to manufacture or sell unless prohibited by administrative regulations promulgated by the board. (2) The board shall not prohibit the followi…
KRS § 244.150 Licensee to keep records
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Each licensee shall keep and maintain upon the licensed premises, or make readily available upon request of the department or the Department of Revenue, adequate books and records of all transactions involved in the manufacture, distribution, or sale of alcoholic beverages and al…
KRS § 244.160 Presence of alcoholic beverage or cannabis-infused beverage raises presumption of intention to sell
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presumption of intention to sell. Whenever any alcoholic beverage or cannabis-infused beverage, in whatever quantity, is found on any business premises within this state, a prima facie presumption shall arise that the alcoholic beverage or cannabis-infused beverage was upon the p…
KRS § 244.165 Unlawful sale and shipment by out-of-state seller directly to a Kentucky consumer -- Penalty
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consumer -- Penalty. (1) Except as provided in KRS 243.027 to 243.029, it shall be unlawful for any person in the business of selling alcoholic beverages in another state or country to deliver or ship or cause to be delivered or shipped any alcoholic beverage directly to any Kent…
KRS § 244.167 Unlawful acts relating to wholesalers or distributors
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(1) It is unlawful: (a) For any distiller, rectifier, winery, brewer, or importer to solicit, accept, or fill any order for any alcoholic beverage from any wholesaler or distributor in the Commonwealth of Kentucky unless the supplier is the primary source of supply for the brand …