Title XX, Alcoholic Beverages

(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,…

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.…

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…

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…

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.

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…

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 …

(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 …

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.

(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…

(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…

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…

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…

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…

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 …

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…

(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 …

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…

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…

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,…

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 …

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…

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…

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…

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…

(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 …