Title XX, Alcoholic Beverages

Regulatory license fee. (1) Any license issued by a state or local administrator under this section before July 14, 2022, shall: (a) Remain valid and in effect unless the license is surrendered to the department as authorized under KRS Chapters 241 to 244; (b) Continue to be subj…

(1) When a majority of the votes cast at a local option election are in favor of establishing dry territory, the territory shall be dry at the expiration of sixty (60) days from the date of the entry of the certificate of the county board of election commissioners in the order bo…

to be applied precinct-wide -- Exemptions. (1) Notwithstanding KRS 242.125, when the voters of any precinct located either partially or entirely within a qualifying city make KRS 242.220 to 242.430 apply to the precinct, the provisions of KRS 242.220 to 242.430 shall apply throug…

When a majority of the votes cast at an election are in favor of establishing wet or moist territory, the territory shall be wet or moist at the expiration of sixty (60) days from the date of the entry of the certificate of the county board of election commissioners in the order …

become dry or moist -- Recovery of money paid for unexpired period of license -- Issuance of retail alcoholic beverage license in any dry territory prohibited. (1) After a territory becomes dry or moist, any previously issued license that is no longer available in that territory …

Unauthorized traffic in alcoholic beverages in moist territory prohibited -- Unlawful possession prohibited -- Exception for private residence or event. (1) No person in dry territory shall sell, barter, loan, procure for, or provide another, or keep or transport for sale, barter…

A person shall not sell or give any of the articles listed in KRS 241.010(2)(a) to (e) and (h) as not within the definition of alcoholic beverages, knowing that, or under such circumstances that, the seller or giver might reasonably deduce that the purchaser or person to whom the…

prohibited, when -- Same prohibition on contracts or orders to any moist territory unless sale of alcoholic beverages specifically authorized under limited local option election -- Immunity for licensed common carriers -- Absolute defense. (1) No person, while representing either…

Exception for any moist territory where sale of alcoholic beverages specifically authorized under limited local option election -- Immunity for common carriers -- Absolute defense -- Exception for private residence or event. (1) It shall be unlawful for any person to bring into, …

Same prohibition on C.O.D. shipments to any moist territory unless sale of alcoholic beverages specifically authorized under limited local option election - - Immunity for common carriers -- Absolute defense. (1) No person shall sell or deliver any alcoholic beverages that are to…

Exception for receiving or accepting alcoholic beverages to be sold in lawful territory within or without state -- Same prohibition on receiving alcoholic beverages in any moist territory unless sale of alcoholic beverages specifically authorized under limited local option electi…

KRS 242.260 and 242.280 shall not apply to the transportation of alcoholic beverages through dry or moist territory to a point in some other state, or to a point in this state where alcoholic beverages may be lawfully sold; or to the receipt or acceptance by a common carrier from…

The normal restrictions applicable in dry territory shall not apply to any manufacturer who in good faith and in the usual course of trade sells alcoholic beverages of the manufacturer's own make, at his or her manufactory, in quantities of not less than three (3) gallons deliver…

Forfeiture. (1) Any person knowingly or intentionally renting or permitting the use of, or using, any premises, or part thereof, or any vehicle for the purpose of unlawfully selling or transporting or possessing intoxicating liquors in dry territory, shall be guilty of a nuisance…

(1) Any Commonwealth's attorney, county attorney, mayor of a city, or any private citizen may maintain an action in equity in the name of the state upon relation of said officers or citizen against the owner to forfeit property declared a nuisance by KRS 242.310. (2) If the petit…

(1) Upon a judgment of forfeiture under KRS 242.320, the court shall direct the sheriff to sell the property. The sale shall be made in the same manner as sales under execution, and the same fees shall be allowed the officers conducting the sale. (2) The sheriff shall pay first o…

(1) Any Commonwealth's attorney, county attorney or private citizen may maintain an action in equity in the name of the state to enjoin any nuisance described by KRS 242.310. (2) No bond shall be required in instituting proceedings under this section.

(1) If it is made to appear to the satisfaction of the court that a nuisance described by KRS 242.310 exists, a temporary injunction shall forthwith issue, restraining the defendant from conducting or permitting the continuance of the nuisance until the conclusion of the trial. I…

(1) When a peace officer discovers any person in dry territory in the act of illegally possessing or transporting alcoholic beverages in any vehicle, he shall at once seize the vehicle and any and all alcoholic beverages found in it and arrest any person or persons in charge ther…

(1) When an officer or any reputable citizen files an affidavit with any Circuit or District Judge, describing premises or a vehicle, where alcoholic beverages are sold, disposed of or possessed in violation of this chapter, the judge shall by his warrant cause the premises or ve…

(1) No property rights other than those in the court of appropriate jurisdiction pursuant to KRS 244.195 shall exist in any alcoholic beverages obtained, possessed, held or used in violation of this chapter. (2) The court, upon conviction of the person arrested, shall order the a…

(1) On a first or second conviction for violation of any of the provisions of this chapter, the court shall require the defendant, in addition to the penalty provided by subsection (1) of KRS 242.990, to execute bond of not less than five hundred ($500) nor more than one thousand…

No witness before a grand jury, court of inquiry or on a trial for any violation of this chapter shall be permitted to refuse to answer any question because the answer will incriminate him, but this evidence shall not be used against him in any subsequent action and he shall not …

The indictment charging the commission of an offense under this chapter need not allege that a vote was taken or an election held in the territory where the offense is alleged to have been committed, but it may simply allege that the act charged was committed in dry or moist terr…

(1) Any person who violates any of the provisions of this chapter, for which no other penalty is herein provided, shall, for the first offense, be guilty of a Class B misdemeanor; for the second offense, he shall be guilty of a Class A misdemeanor; for the third and each subseque…

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.

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…

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 …

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…

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…

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…

-- 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…

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…

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…

(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 …

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 …

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…

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…

-- 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…

(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…

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…

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 …

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 ....…

(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) …

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 …

(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…

(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…

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 …

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…

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 …