ALCOHOLIC BEVERAGES -- ADMINISTRATION AND CONTROL

KRS tit. XX, ch. 241

in effect

KRS 241.010 Definitions for KRS Chapters 241 to 244

241.010. Definitions for KRS Chapters 241 to 244 As used in KRS Chapters 241 to 244, unless the context requires otherwise: (1) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl or spirit of wine, from whatever source or by whatever process it is produced; (2) "Alcoholic beverage" means every liquid, solid, powder, or crystal, whether patented or not, containing alcohol in an amount in excess of more than one percent (1%) of alcohol by volume, which is fit for beverage purposes. It includes every spurious or imitation liquor sold as, or under any name commonly used for, alcoholic beverages, whether containing any alcohol or not. It does not include the following products: (a) Medicinal preparations manufactured in accordance with formulas prescribed by the United States Pharmacopoeia, National Formulary, or the American Institute of Homeopathy; (b) Patented, patent, and proprietary medicines; (c) Toilet, medicinal, and antiseptic preparations and solutions; (d) Flavoring extracts and syrups; (e) Denatured alcohol or denatured rum; (f) Vinegar and preserved sweet cider; (g) Wine for sacramental purposes; and (h) Alcohol unfit for beverage purposes that is to be sold for legitimate external use; (3) (a) "Alcohol vaporizing device" or "AWOL device" means any device, machine, or process that mixes liquor, spirits, or any other alcohol product with pure oxygen or by any other means produces a vaporized alcoholic product used for human consumption; (b) "Alcohol vaporizing device" or "AWOL device" does not include an inhaler, nebulizer, atomizer, or other device that is designed and intended by the manufacturer to dispense a prescribed or over-the-counter medication or a device installed and used by a licensee under this chapter to demonstrate the aroma of an alcoholic beverage; (4) "Automobile race track" means a facility primarily used for vehicle racing that has a seating capacity of at least thirty thousand (30,000) people; (5) "Barrel-aged and batched cocktail" means an alcoholic beverage that is: (a) Composed of: 1. Distilled spirits that have been dispensed from their original sealed container; and 2. Other ingredients or alcoholic beverages; (b) Placed into a barrel or container on the premises of a retail licensee; and (c) Dispensed from the barrel or container as a retail sale by the drink; (6) "Bed and breakfast" means a one (1) family dwelling unit that: (a) Has guest rooms or suites used, rented, or hired out for occupancy or that are occupied for sleeping purposes by persons not members of the single-family unit; (b) Holds a permit under KRS Chapter 219; and (c) Has an innkeeper who resides on the premises or property adjacent to the premises during periods of occupancy; (7) "Board" means the State Alcoholic Beverage Control Board created by KRS 241.030; (8) "Bottle" means any container which is used for holding alcoholic beverages for the use and sale of alcoholic beverages at retail; (9) "Brewer" means any person who manufactures malt beverages or owns, occupies, carries on, works, or conducts any brewery, either alone or through an agent; (10) "Brewery" means any place or premises where malt beverages are manufactured for sale, and includes all offices, granaries, mash rooms, cooling rooms, vaults, yards, and storerooms connected with the premises; or where any part of the process of the manufacture of malt beverages is carried on; or where any apparatus connected with manufacture is kept or used; or where any of the products of brewing or fermentation are stored or kept; (11) "Building containing licensed premises" means the licensed premises themselves and includes the land, tract of land, or parking lot in which the premises are contained, and any part of any building connected by direct access or by an entrance which is under the ownership or control of the licensee by lease holdings or ownership; (12) "Cannabinoid" means a compound found in the hemp plant Cannabis sativa L. from a United States Department of Agriculture-sanctioned domestic hemp production program and does not include cannabinoids derived from any other substance; (13) "Cannabis-infused beverage": (a) Means a properly permitted adult-use cannabinoid liquid product intended for human consumption that has intoxicating properties that change the function of the nervous system and results in alterations of perception, cognition, or behavior and shall not contain more than five (5) milligrams of intoxicating adult-use cannabinoids per twelve (12) ounce serving; and (b) Shall not include: 1. Medicinal cannabis regulated under KRS Chapter 218B; 2. Any type of hemp tincture; and 3. Any product containing solely nonintoxicating cannabinoids; (14) "Caterer" means a person operating a food service business that prepares food in a licensed and inspected commissary, transports the food and alcoholic beverages to the caterer's designated and inspected banquet hall or to an agreed location, and serves the food and alcoholic beverages pursuant to an agreement with another person; (15) "Charitable organization" means a nonprofit entity recognized as exempt from federal taxation under Section 501(c) of the Internal Revenue Code, 26 U.S.C. sec. 501(c), or any organization having been established and continuously operating within the Commonwealth of Kentucky for charitable purposes for three (3) years and which expends at least sixty percent (60%) of its gross revenue exclusively for religious, educational, literary, civic, fraternal, or patriotic purposes; (16) "Cider" means any fermented fruit-based beverage containing seven percent (7%) or more alcohol by volume and includes hard cider and perry cider; (17) "City administrator" means city alcoholic beverage control administrator; (18) "Commercial airport" means an airport through which more than five hundred thousand (500,000) passengers arrive or depart annually; (19) (a) "Commercial quadricycle" means a vehicle equipped with a minimum of ten (10) pairs of fully operative pedals for propulsion by means of human muscular power and which: 1. Has four (4) wheels; 2. Is operated in a manner similar to that of a bicycle; 3. Is equipped with a minimum of thirteen (13) seats for passengers; 4. Has a unibody design; 5. Is equipped with a minimum of four (4) hydraulically operated brakes; 6. Is used for commercial tour purposes; 7. Is operated by the vehicle owner or an employee of the owner; and 8. Has an electrical assist system that shall only be used when traveling to or from its storage location while not carrying passengers. (b) A "commercial quadricycle" is not a motor vehicle as defined in KRS 186.010 or 189.010; (20) "Commissioner" means the commissioner of the Department of Alcoholic Beverage Control; (21) "Consumer" means a person, persons, or business organization who purchases alcoholic beverages and who: (a) Does not hold a license or permit issued by the department; (b) Purchases the alcoholic beverages for personal consumption only and not for resale; (c) Is of lawful drinking age; and (d) Receives the alcoholic beverages in territory where the alcoholic beverages may be lawfully sold or received; (22) "Convention center" means any facility which, in its usual and customary business, provides seating for a minimum of one thousand (1,000) people and offers convention facilities and related services for seminars, training and educational purposes, trade association meetings, conventions, or civic and community events or for plays, theatrical productions, or cultural exhibitions; (23) "Convicted" and "conviction" means a finding of guilt resulting from a plea of guilty, the decision of a court, or the finding of a jury, irrespective of a pronouncement of judgment or the suspension of the judgment; (24) "County administrator" means county alcoholic beverage control administrator; (25) "Department" means the Department of Alcoholic Beverage Control; (26) "Dining car" means a railroad passenger car that serves meals to consumers on any railroad or Pullman car company; (27) "Discount in the usual course of business" means price reductions, rebates, refunds, and discounts given by wholesalers to distilled spirits and wine retailers pursuant to an agreement made at the time of the sale of the merchandise involved and are considered a part of the sales transaction, constituting reductions in price pursuant to the terms of the sale, irrespective of whether the quantity discount was: (a) Prorated and allowed on each delivery; (b) Given in a lump sum after the entire quantity of merchandise purchased had been delivered; or (c) Based on dollar volume or on the quantity of merchandise purchased; (28) "Distilled spirits" or "spirits" means any product capable of being consumed by a human being which contains alcohol obtained by distilling, mixed with water or other substances in solution, except wine, hard cider, and malt beverages; (29) "Distiller" means any person who is engaged in the business of manufacturing distilled spirits at any distillery in the state and is registered in the Office of the Collector of Internal Revenue for the United States at Louisville, Kentucky; (30) "Distillery" means any place or premises where distilled spirits are manufactured for sale, and which are registered in the office of any collector of internal revenue for the United States. It includes any United States government bonded warehouse; (31) "Distributor" means any person who distributes malt beverages for the purpose of being sold at retail; (32) "Dry" means a territory in which a majority of the electorate voted to prohibit all forms of retail alcoholic beverage sales through a local option election held under KRS Chapter 242; (33) "Election" means: (a) An election held for the purpose of taking the sense of the people as to the application or discontinuance of alcoholic beverage sales under KRS Chapter 242; or (b) Any other election not pertaining to alcoholic beverages; (34) "Horse racetrack" means a facility licensed to conduct a horse race meeting under KRS Chapter 230; (35) "Hotel" means a hotel, motel, or inn for accommodation of the traveling public, designed primarily to serve transient patrons; (36) "Investigator" means any employee or agent of the department who is regularly employed and whose primary function is to travel from place to place for the purpose of visiting licensees, and any employee or agent of the department who is assigned, temporarily or permanently, by the commissioner to duty outside the main office of the department at Frankfort, in connection with the administration of alcoholic beverage statutes; (37) "License" means any license issued pursuant to KRS Chapters 241 to 244; (38) "Licensee" means any person to whom a license has been issued, pursuant to KRS Chapters 241 to 244; (39) "Limited restaurant" means: (a) A facility where the usual and customary business is the preparation and serving of meals to consumers, which has a bona fide kitchen facility, which receives at least seventy percent (70%) of its food and alcoholic beverage receipts from the sale of food, which maintains a minimum seating capacity of fifty (50) persons for dining, which has no open bar, which requires that alcoholic beverages be sold in conjunction with the sale of a meal, and which is located in a wet or moist territory under KRS 242.1244; or (b) A facility where the usual and customary business is the preparation and serving of meals to consumers, which has a bona fide kitchen facility, which receives at least seventy percent (70%) of its food and alcoholic beverage receipts from the sale of food, which maintains a minimum seating capacity of one hundred (100) persons of dining, and which is located in a wet or moist territory under KRS 242.1244; (40) "Local administrator" means a city alcoholic beverage control administrator, county alcoholic beverage control administrator, or urban-county alcoholic beverage control administrator; (41) "Malt beverage" means any fermented undistilled alcoholic beverage of any name or description, manufactured from malt wholly or in part, or from any substitute for malt, and includes weak cider; (42) "Manufacture" means distill, rectify, brew, bottle, and operate a winery; (43) "Manufacturer" means a winery, distiller, rectifier, or brewer, and any other person engaged in the production or bottling of alcoholic beverages; (44) "Marina" means a dock or basin providing moorings for boats and offering supply, repair, or other services for remuneration; (45) "Minor" means any person who is not twenty-one (21) years of age or older; (46) "Moist" means a territory in which a majority of the electorate voted to permit limited alcoholic beverage sales by any one (1) or a combination of special limited local option elections authorized by KRS Chapter 242; (47) "Population" means the population figures established by the federal decennial census for a census year or the current yearly population estimates prepared by the Kentucky State Data Center, Urban Studies Center of the University of Louisville, Louisville, Kentucky, for all other years; (48) "Premises" means the land and building in and upon which any business regulated by alcoholic beverage statutes is operated or carried on. "Premises" shall not include as a single unit two (2) or more separate businesses of one (1) owner on the same lot or tract of land, in the same or in different buildings if physical and permanent separation of the premises is maintained, excluding employee access by keyed entry and emergency exits equipped with crash bars, and each has a separate public entrance accessible directly from the sidewalk or parking lot. Any licensee holding an alcoholic beverage license on July 15, 1998, shall not, by reason of this subsection, be ineligible to continue to hold his or her license or obtain a renewal, of the license; (49) "Primary source of supply" or "supplier" means the distiller, winery, brewer, producer, owner of the commodity at the time it becomes a marketable product, bottler, or authorized agent of the brand owner. In the case of imported products, the primary source of supply means either the foreign producer, owner, bottler, or agent of the prime importer from, or the exclusive agent in, the United States of the foreign distiller, producer, bottler, or owner; (50) "Private club" means a nonprofit social, fraternal, military, or political organization, club, or nonprofit or for-profit entity maintaining or operating a club room, club rooms, or premises from which the general public is excluded; (51) "Private selection event" means a private event with a licensed distiller during which participating consumers, retail licensees, wholesalers, distributors, or a distillery's own representatives select a single barrel or a blend of barrels of the distiller's products to be specially packaged for the participants; (52) "Private selection package" means a bottle of distilled spirits sourced from the barrel or barrels selected by participating consumers, retail licensees, wholesalers, distributors, microbreweries that hold a quota retail drink or quota retail package license, or a distillery's own representatives during a private selection event; (53) "Public nuisance" means a condition that endangers safety or health, is offensive to the senses, or obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property by a community or neighborhood or by any considerable number of persons; (54) "Qualified historic site" means: (a) A contributing property with dining facilities for at least fifty (50) persons at tables, booths, or bars where food may be served within a commercial district listed in the National Register of Historic Places; (b) A site that is listed as a National Historic Landmark or in the National Register of Historic Places with dining facilities for at least fifty (50) persons at tables, booths, or bars where food may be served; (c) A distillery which is listed as a National Historic Landmark and which conducts souvenir retail package sales under KRS 243.0305; or (d) A not-for-profit or nonprofit facility listed on the National Register of Historic Places; (55) "Rectifier" means any person who rectifies, purifies, or refines distilled spirits, malt, or wine by any process other than as provided for on distillery premises, and every person who, without rectifying, purifying, or refining distilled spirits by mixing alcoholic beverages with any materials, manufactures any imitations of or compounds liquors for sale under the name of whiskey, brandy, gin, rum, wine, spirits, cordials, bitters, or any other name; (56) "Repackaging" means the placing of alcoholic beverages in any retail container irrespective of the material from which the container is made; (57) "Restaurant" means a facility where the usual and customary business is the preparation and serving of meals to consumers, that has a bona fide kitchen facility, and that receives at least fifty percent (50%) of its food and alcoholic beverage receipts from the sale of food at the premises; (58) "Retail container" means any bottle, can, barrel, or other container which, without a separable intermediate container, holds alcoholic beverages and is suitable and destined for sale to a retail outlet, whether it is suitable for delivery or shipment to the consumer or not; (59) "Retail sale" means any sale of alcoholic beverages to a consumer, including those transactions taking place in person, electronically, online, by mail, or by telephone; (60) "Retailer" means any licensee who sells and delivers any alcoholic beverage to consumers, except for manufacturers with limited retail sale privileges and direct shipper licensees; (61) "Riverboat" means any boat or vessel with a regular place of mooring in this state that is licensed by the United States Coast Guard to carry forty (40) or more passengers for hire on navigable waters in or adjacent to this state; (62) "Sale" means any transfer, exchange, or barter for consideration, and includes all sales made by any person, whether principal, proprietor, agent, servant, or employee, of any alcoholic beverage; (63) "Service bar" means a bar, counter, shelving, or similar structure used for storing or stocking supplies of alcoholic beverages that is a workstation where employees prepare alcoholic beverage drinks to be delivered to customers away from the service bar; (64) "Sell" includes solicit or receive an order for, keep or expose for sale, keep with intent to sell, and the delivery of any alcoholic beverage; (65) "Small farm winery" means a winery whose wine production is not less than two hundred fifty (250) gallons and not greater than five hundred thousand (500,000) gallons in a calendar year; (66) "Souvenir package" means a special package of distilled spirits available from a licensed retailer that is: (a) Available for retail sale at a licensed Kentucky distillery where the distilled spirits were produced or bottled; or (b) Available for retail sale at a licensed Kentucky distillery but produced or bottled at another of that distiller's licensed distilleries in Kentucky; (67) "State administrator" or "administrator" means the distilled spirits administrator or the malt beverages administrator, or both, as the context requires; (68) "State park" means a state park that has a: (a) Nine (9) or eighteen (18) hole golf course; or (b) Full-service lodge and dining room; (69) "Supplemental bar" means a bar, counter, shelving, or similar structure used for serving and selling distilled spirits or wine by the drink for consumption on the licensed premises to guests and patrons from addit ional locations other than the main bar; (70) "Territory" means a county, city, district, or precinct; (71) "Urban-county administrator" means an urban -county alcoholic beverage control administrator; (72) "Valid identification document" means an unexpired , government-issued form of identification that contains the photograph and date of birth of the individual to whom it is issued; (73) "Vehicle" means any device or animal used to carry, convey, transport, or otherwise move alcoholic beverages or any products, equipment, or appurtenances used to manufacture, bottle, or sell these beverages; (74) "Vintage distilled spirit" means: (a) A private selection package; or (b) A package or packages of distilled spirits that: 1. Are in their original manufacturer's unopened container; 2. Are not owned by a distillery; and 3. Are not otherwise available for purchase from a licensed wholesaler within the Commonwealth; (75) (a) "Vintage distilled spirits seller" means a nonlicensed person at least twenty- one (21) years of age who is: 1. An administrator, executor, receiver, or other fiduciary who receives and sells vintage distilled spirits in execution of the person's fiduciary capacity; 2. A creditor who receives or takes possession of vintage distilled spirits as security for, or in payment of, debt, in whole or in part; 3. A public officer or court official who levies on vintage distilled spirits under order or process of any court or magistrate to sell the vintage distilled spirits in satisfaction of the order or process; or 4. Any other person not engaged in the business of selling alcoholic beverages. (b) "Vintage distilled spirits seller" does not mean: 1. A person selling alcoholic beverages as part of an approved KRS 243.630 transfer; or 2. A person selling alcoholic beverages as authorized by KRS 243.540; (76) "Warehouse" means any place in which alcoholic beverages are housed or stored; (77) "Weak cider" means any fermented fruit-based beverage containing more than one percent (1%) but less than seven percent (7%) alcohol by volume; (78) "Wet" means a territory in which a majority of the electorate voted to permit all forms of retail alcoholic beverage sales by a local option election under KRS 242.050 or 242.125 on the following question: "Are you in favor of the sale of alcoholic beverages in (name of territory)?"; (79) "Wholesale sale" means a sale to any person for the purpose of resale; (80) "Wholesaler" means any person who distributes alcoholic beverages for the purpose of being sold at retail, but it shall not include a subsidiary of a manufacturer or cooperative of a retail outlet; (81) "Wine" means the product of the normal alcoholic fermentation of the juices of fruits, with the usual processes of manufacture and normal additions, and includes champagne and sparkling and fortified wine of an alcoholic content not to exceed twenty-four percent (24%) by volume. It includes sake, cider, hard cider, and perry cider and also includes preparations or mixtures vended in retail containers if these preparations or mixtures contain not more than fifteen percent (15%) of alcohol by volume. It does not include weak cider; and (82) "Winery" means any place or premises in which wine is manufactured from any fruit, or brandies are distilled as a by-product of wine or other fruit, or cordials are compounded, except a place or premises that manufactures wine for sacramental purposes exclusively. Effective: July 1, 2025 History: Amended 2025 Ky. Acts ch. 82, sec. 1, effective March 25, 2025; and ch. 98, sec. 19, effective July 1, 2025. -- Amended 2024 Ky. Acts ch. 46, sec. 1, effective April 4, 2024; and ch. 151, sec. 7, effective July 15, 2024. -- Amended 2022 Ky. Acts ch. 39, sec. 1, effective March 29, 2022. -- Amended 2021 Ky. Acts ch. 13, sec 15, effective March 12, 2021; and ch. 136, sec. 1, effective June 29, 2021. -- Amended 2020 Ky. Acts ch. 80, sec. 4, effective July 15, 2020; and ch. 102, sec. 20, effective July 15, 2020. -- Amended 2017 Ky. Acts ch. 59, sec. 1, effective January 1, 2018; and ch. 62, sec. 1, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 80, sec. 1, effective July 15, 2016. -- Amended 2014 Ky. Acts ch. 20, sec. 1, effective July 15, 2014; and ch. 22, sec. 1, effective July 15, 2014. -- Amended 2013 Ky. Acts ch. 121, sec. 1, effective June 25, 2013. -- Amended 2012 Ky. Acts ch. 125, sec. 1, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 24, sec. 549, effective July 15, 2010.-- Amended 2008 Ky. Acts ch. 28, sec. 2, effective July 15, 2008. -- Amended 2007 Ky. Acts ch. 99, sec. 1, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 179, sec. 6, effective January 1, 2007. -- Amended 2005 Ky. Acts ch. 85, sec. 645, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 20, sec. 2, effective July 13, 2004. -- Amended 2000 Ky. Acts ch. 435, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 121, sec. 1, effective July 15, 1998; and ch. 474, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 44, sec. 2, effective July 15, 1996. -- Amended 1976 Ky. Acts ch. 381, sec. 6. -- Amended 1970 Ky. Acts ch. 94, sec. 1. -- Amended 1944 Ky. Acts ch. 154, secs. 1, 2 and 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-98. Legislative Research Commission Note (7/1/2025). This statute was amended by 2025 Ky. Acts chs. 82 and 98, which are identi cal and have been codified together.

KRS 241.015 Department of Alcoholic Beverage Control created -- What to consist of -- Appointment, qualifications, powers, and compensation of commissioner

241.015. Department of Alcoholic Beverage Control created -- What to consist of -- Appointment, qualifications, powers, and compensation of commissioner There is created a Department of Alcoholic Beverage Control, which shall constitute a statutory administrative department of the state government within the meaning of KRS Chapter 12. The department consists of the commissioner of alcoholic beverage control and the Alcoholic Beverage Control Board. The commissioner shall head the department, shall be its executive officer, and shall have charge of the administration of the department and perform all functions of the department not specifically assigned to the board. The Governor shall appoint as commissioner a person with administrative experience in the field of alcoholic beverage control. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 2, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 550, effective July 15, 2010. -- Amended 1966 Ky. Acts ch. 255, sec. 210. -- Created 1944 Ky. Acts ch. 154, sec. 4.

KRS 241.020 Department to administer alcoholic beverage laws, except as to collection of taxes -- Advisory opinions, rulings, and administrative regulations -- Department to administer statutes relating to cannabis -infused beverages -- Divisions of Distilled Spirits, Malt Beverages, and Tobacco, Nicotine, and Vapor Product Licensing

241.020. Department to administer alcoholic beverage laws, except as to collection of taxes -- Advisory opinions, rulings, and administrative regulations -- Department to administer statutes relating to cannabis -infused beverages -- Divisions of Distilled Spirits, Malt Beverages, and Tobacco, Nicotine, and Vapor Product Licensing (1) The department shall administer statutes relating to, and regulate traffic in, alcoholic beverages, except that the collection of taxes shall be administered by the Department of Revenue. The department may issue advisory opinions and declaratory rulings related to KRS Chapters 241 to 244 and the administrative regulations promulgated under those chapters. (2) Notwithstanding any other statute or administrative regulation to the contrary, the department shall have authority to administer statutes relating to, and regulate the retail licensing and distribution of, cannabis-infused beverages. (3) A Division of Distilled Spirits, under the supervision of the board, shall admin ister the laws in relation to traffic in distilled spirits, wine, and cannabis -infused beverages. (4) A Division of Malt Beverages, under the supervision of the board, shall administer the laws in relation to traffic in malt beverages. (5) A Division of Tobacco, Nicotine, and Vapor Product Licensing, under the supervision of the division director, shall administer the laws in relation to traffic in alternative nicotine products, tobacco products, and authorized nicotine vapor products under KRS 438.305 to 438.350. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 78, sec. 22, effective June 27, 2025; and ch. 82, sec. 2, effective March 25, 2025. -- Amended 2017 Ky. Acts ch. 62, sec. 3, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 551, effective July 15, 2010. - - Amended 2005 Ky. Acts ch. 85, sec. 646, effective June 20, 2005. -- Amended 1946 Ky. Acts ch. 231, sec. 1. -- Amended 1944 Ky. Acts ch. 154, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2554b-99, 2554b-100. Legislative Research Commission Note (6/27/2025). This statute was amended by 2025 Ky. Acts chs. 78 and 82, which do not appear to be in conflict and have been codified together.

KRS 241.030 Alcoholic Beverage Control Board

241.030. Alcoholic Beverage Control Board The Alcoholic Beverage Control Board shall consist of the commissioner of alcoholic beverage control and two (2) persons appointed by the secretary of the Public Protection Cabinet with the approval of the Governor, who shall be persons with administrative experience in the field of alcoholic beverage control. One (1) of these persons shall serve as administrator of the Division of Distilled Spirits, and the other shall serve as administrator of the Division of Malt Beverages. The commissioner shall be chairman of the board. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 4, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 552, effective July 15, 2010. -- Amended 1966 Ky. Acts ch. 255, sec. 211. -- Amended 1944 Ky. Acts ch. 154, sec. 6. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-103.

KRS 241.040 Oath of board members

241.040. Oath of board members Each member of the board, before entering upon his duties, shall take the oath prescribed by Section 228 of the Constitution. History: Amended 1946 Ky. Acts ch. 27, sec. 27. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-107.

KRS 241.050 Repealed, 1944

241.050. Repealed, 1944 Catchline at repeal: Salaries of board members. History: Repealed 1944 Ky. Acts ch. 154, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-108.

KRS 241.060 Functions, powers, and duties of board

241.060. Functions, powers, and duties of board The board shall have the following functions, powers, and duties: (1) To promulgate reasonable administrative regulations governing procedures relative to the applications for and revocations of licenses, the supervision and control of the use, manufacture, sale, transportation, storage, advertising, and trafficking of alcoholic beverages, the retail licensing and distribution of cannabis-infused beverages, and all other matters over which the board has jurisdiction. The only administrative regulation that shall be promulgated in relation to the direct shipper license is to establish the license application, as set forth in KRS 243.027(4). To the extent any administrative regulation previously promulgated is contrary to the provisions of KRS 13A.120(2), the board shall repeal or amend the administrative regulation as necessary by January 1, 2022. Administrative regulations need not be uniform in their application but may vary in accordance with reasonable classifications; (2) To limit the number of licenses of each kind or class to be issued in this state or any political subdivision, and restrict the locations of licensed premises. To this end, the board may make reasonable division and subdivision of the state or any political subdivision into districts. Administrative regulations relating to the approval, denial, and revocation of licenses may be different within the several divisions or subdivisions; (3) To hold hearings in accordance with the provisions of KRS Chapter 13B. The department may pay witnesses the per diem and mileage provided in KRS 421.015; (4) To conduct hearings and appeals under KRS 241.150, 241.200, 241.260, 243.470, 243.520, 438.308, 438.309, 438.312, 438.316, and 438.340 and render final orders upon the subjects of the hearings and appeals; (5) (a) To order the destruction of evidence, other than contraband alcoholic beverages suitable for public auction under paragraph (b) of this subsection, in the department's possession after all administrative and judicial proceedings are conducted. (b) To dispose of contraband alcoholic beverages through public auction if: 1. A final order relating to those contraband alcoholic beverages has been entered after all administrative and judicial proceedings are conducted, if applicable; 2. The entire proceeds of the public auction are donated to the alcohol wellness and responsibility education fund established in KRS 211.285; and 3. The board deems the inventory safe to release to the public, including but not limited to the alcoholic beverages being in their original, unopened packaging; (6) To suspend, revoke, or cancel for cause, after a hearing in accordance with KRS Chapter 13B, any license; and (7) To prohibit the issuance of a license for the premises until the expiration of two (2) years from the time the offense was committed if a violation of KRS Chapters 241 to 244 has taken place on the premises which the owner knew of or should have known of, or was committed or permitted in or on the premises owned by the licensee. Effective: March 25, 2025 History: Amended 2025 Ky. Acts ch. 82, sec. 3, effective March 25, 2025. -- Amended 2024 Ky. Acts ch. 46, sec. 2, effective April 4, 2024; and ch. 111, sec. 11, effective January 1, 2025. -- Amended 2021 Ky. Acts ch. 13, sec. 3, effective March 12, 2021. -- Amended 2017 Ky. Acts ch. 62, sec. 5, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 553, effective July 15, 2010. -- Amended 1998 Ky. Acts ch. 121, sec. 33, effective July 15, 1998; and ch. 522, sec. 2, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 159, effective July 15, 1996. -- Amended 1980 Ky. Acts ch. 188, sec. 225, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 194, sec. 7, effective June 17, 1978. -- Amended 1966 Ky. Acts ch. 255, sec. 212. -- Amended 1954 Ky. Acts ch. 110, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-103, 2554e-10.

KRS 241.065 Limitation on number of quota retail package licenses in counties containing cities of first class

241.065. Limitation on number of quota retail package licenses in counties containing cities of first class (1) The number of quota retail package licenses issued by the Alcoholic Beverage Control Board to licensees in counties containing cities of the first class, and including such cities, shall not exceed a number equal to one (1) for every one thousand five hundred (1,500) persons resident in such county. (2) In order that a fixed and approved standard of population as prescribed in subsection (1) of this section may be adopted, the annual estimates of population as determined by the Kentucky State Data Center at the University of Louisville shall be used in every year except a census year, and during a census year the United States government census figures of population shall be controlling. Effective: April 14, 2018 History: Amended 2018 Ky. Acts ch. 154, sec. 1, effective April 14, 2018. -- Amended 2013 Ky. Acts ch. 121, sec. 2, effective June 25, 2013. -- Created 1954 Ky. Acts ch. 61, secs. 1, 2 and 3, effective June 17, 1954.

KRS 241.066 Limitation on number of quota retail package licenses in wet county not containing a city of the first class -- Exceptions -- Construction of section -- Reduction of quota licenses -- Superseding and replacing wet city quota in dry county that becomes wet

241.066. Limitation on number of quota retail package licenses in wet county not containing a city of the first class -- Exceptions -- Construction of section -- Reduction of quota licenses -- Superseding and replacing wet city quota in dry county that becomes wet (1) The number of quota retail package licenses issued by the department in any wet county shall not exceed one (1) license for every two thousand three hundred (2,300) persons resident in the county, except that: (a) A wet county containing a city of the first class shall be subject to the limitations in KRS 241.065; (b) No fewer than two (2) quota retail package licenses shall be available for issuance by the department in any wet county; (c) Any specific county quota amounts that were issued by the department prior to January 1, 2018, in excess of the population calculations established in this section shall remain in effect, and the department shall maintain the list of specific quotas in an administrative regulation; and (d) The number of quota retail package licenses issued by the department in any wet county or urban-county government, excluding a county containing a city of a first class subject to KRS 241.065, containing more than one hundred thousand (100,000) residents shall not exceed one (1) license for every two thousand (2,000) persons resident in the county. (2) Nothing in this section shall be construed to prohibit license renewal or license transfers approved by the department of an existing quota retail license issued in a wet county. (3) In counties that have not received an increased quota license amount from the department, any quota licenses over the established amount shall be reduced as the licenses are revoked, surrendered, or not renewed by the license holder. (4) If a dry county that contains a wet city becomes wet, the quota established by this section shall supersede and replace any separate city quota. Effective: April 4, 2024 History: Amended 2024 Ky. Acts ch. 46, sec. 3, effective April 4, 2024. -- Created 2018 Ky. Acts ch. 154, sec. 2, effective April 14, 2018.

KRS 241.067 Limitation on number of quota retail package licenses in city that becomes wet separate from its county in local option election -- Exceptions -- Construction of section -- Reduction of quota licenses -- Superseding and replacing wet city quota in dry county that becomes wet

241.067. Limitation on number of quota retail package licenses in city that becomes wet separate from its county in local option election -- Exceptions -- Construction of section -- Reduction of quota licenses -- Superseding and replacing wet city quota in dry county that becomes wet (1) The number of quota retail package licenses issued by the department in any city that becomes wet separate from its county by virtue of a local option election pursuant to KRS 242.125 shall not exceed one (1) license for every two thousand three hundred (2,300) persons resident in the city, except that: (a) No fewer than two (2) quota retail package licenses shall be available for issuance by the department in any wet city; and (b) Any specific city quota amounts that were issued by the department prior to January 1, 2018, in excess of the population calculations established in this section shall remain in effect, and the department shall maintain the list of specific quotas in an administrative regulation. (2) Nothing in this section shall be construed to prohibit license renewal or license transfers approved by the department of an existing quota retail license issued in a wet city. (3) In cities that have not received an increased quota license amount from the department, any quota licenses over the established amount shall be reduced as the licenses are revoked, surrendered, or not renewed by the license holder. (4) If a dry county in which a wet city is located becomes wet, the quota established for that entire county by KRS 241.066 shall supersede and replace any separate city quota under this section. Effective: April 14, 2018 History: Created 2018 Ky. Acts ch. 154, sec. 3, effective April 14, 2018.

KRS 241.068 Population data to be used in administering KRS 241.066 and 241.067

241.068. Population data to be used in administering KRS 241.066 and 241.067 For the purposes of administering KRS 241.066 and 241.067: (1) The population data shall be based on a wet county's or city's annual population estimates prepared by the Kentucky State Data Center at the University of Louisville in every year except a federal decennial census year. The federal decennial census figures of population shall be used in a census year; and (2) (a) On or before January 1 of each year, the department shall obtain the population figures of all wet counties and cities as of that date for determination of the number of quota licenses available. (b) If a quota retail license vacancy is created by an increase in population or any other reason, the department shall publish notice of the vacancy and information on how to apply for the license within sixty (60) days in the newspaper used for the legal notices of that county or city. (c) The department shall accept applications for a quota retail license vacancy not later than thirty (30) days following the date on which the public notice is published. Effective: April 14, 2018 History: Created 2018 Ky. Acts ch. 154, sec. 4, effective April 14, 2018.

KRS 241.069 Petition for increase in number of quota licenses -- Factors to be considered by board -- Effect of decision by board to grant or deny quota increase

241.069. Petition for increase in number of quota licenses -- Factors to be considered by board -- Effect of decision by board to grant or deny quota increase (1) Any city, including any city located in a wet or dry county, county, or urban -county government may petition the board: (a) For an increase in the number of quota retail package licenses available in its jurisdiction; or (b) For an increase in the number of quota retail package licenses available in the county, if the number of quota retail package licenses is governed by KRS 241.066. A request for an increase shall not exceed the ratio of one (1) per every one thousand five hundred (1,500) residents. (2) The board shall consider the following factors when deciding whether to grant the increase: (a) Population served by the city, county, or urban -county government; (b) Estimated total retail sales of the city, county, or urban -county government for the most recent past fiscal year; (c) Estimated retail sales per capita for the most recent past fiscal year; (d) Estimated total alcohol sales in the city, county, or urban -county government for the most recent past fiscal year; (e) Tourist destinations in the area, if applicable; and (f) Other economic and commercial data offered to show the capacity to support additional licenses. (3) The board shall grant the request if the information supplied supports the requested increase, and shall begin the process of filing an amendment to its adm inistrative regulation to register the increase. Additional licenses shall not be issued until the administrative regulation process is complete and the amendment is adopted. (4) If the board determines the information supplied does not support a quota inc rease, it shall notify the city, county, or urban -county government of its decision by registered mail at the address given in the request. The city, county, or urban -county government shall have thirty (30) days from the date of the mailing to file a writ ten request for a hearing before the board regarding its request for an increase. Effective: April 4, 2024 History: Amended 2024 Ky. Acts ch. 46, sec. 4, effective April 4, 2024. -- Created 2018 Ky. Acts ch. 154, sec. 5, effective April 14, 2018.

KRS 241.070 Repealed, 1944

241.070. Repealed, 1944 Catchline at repeal: State administrators. History: Repealed 1944 Ky. Acts ch. 154, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-101.

KRS 241.075 Repealed, 2017

241.075. Repealed, 2017 Catchline at repeal: Location of quota retail package licenses and quota retail drink licenses in cities of the first class or consolidated local governments. History: Repealed 2017 Ky. Acts ch. 62, sec. 119, effective June 29, 2017. -- Amended 2013 Ky. Acts ch. 121, sec. 3, effective June 25, 2013. -- Amended 2002 Ky. Acts ch. 346, sec. 214, effective July 15, 2002. -- Created 1954 Ky. Acts ch. 62, secs. 1, 2, 3, and 4, effective June 17, 1954.

KRS 241.080 Powers of distilled spirits administrator and malt beverages administrator as to issuance of licenses

241.080. Powers of distilled spirits administrator and malt beverages administrator as to issuance of licenses The distilled spirits administrator may approve and issue or deny any state license authorizing traffic in distilled spirits and wine or in cannabis-infused beverages. The malt beverages administrator may approve and issue or deny any state license authorizing traffic in malt beverages. Both the distilled spirits administrator and the malt beverages administrator may approve and issue or deny state licenses authorizing the traffic in alcoholic beverages. Effective: March 25, 2025 History: Amended 2025 Ky. Acts ch. 82, sec. 4, effective March 25, 2025. -- Amended 2017 Ky. Acts ch. 62, sec. 6, effective June 29, 2017. -- Repealed in part 1944 Ky. Acts ch. 154, sec. 8. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-102. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

KRS 241.090 Police powers of administrators and investigators

241.090. Police powers of administrators and investigators (1) State administrators and all investigators shall have the full police powers of peace officers, except as provided in subsection (2) of this section, and their jurisdiction shall be coextensive with the state. They may inspect any premises where alcoholic beverages are manufactured, sold, stored, or otherwise trafficked in or any premises where cannabis-infused beverages are sold, stored, or otherwise trafficked in, without first obtaining a search warrant. They may confiscate any contraband property. The jurisdiction and police powers of state administrators and all investigators during an emergency declared under KRS Chapter 39A shall be subject to the limitations of KRS 39A.090. (2) A state administrator shall not have the power to make arrests unless he or she is certified in accordance with KRS 15.380 to 15.404. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 82, sec. 5, effective March 25, 2025; and ch. 143, sec. 1, effective June 27, 2025. -- Amended 2021 Ky. Acts ch. 6, sec. 7, effective February 2, 2021. -- Amended 2017 Ky. Acts ch. 62, sec. 7, effective June 29, 2017. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-105. Legislative Research Commission Note (6/27/2025). This statute was amended by 2025 Ky. Acts chs. 82 and 143, which do not appear to be in conflict and have been codified together. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

KRS 241.100 Commissioner, distilled spirits and malt beverage administrators, and employees to comply with Executive Branch Code of Ethics -- Penalties

241.100. Commissioner, distilled spirits and malt beverage administrators, and employees to comply with Executive Branch Code of Ethics -- Penalties The commissioner, distilled spirits administrator, malt beverage administrator, and all department employees shall comply with the Executive Branch Code of Ethics codified in KRS Chapter 11A. A board member or department employee who violates this section may be disqualified from office or employment. Effective:June 29, 2017 History: Repealed and reenacted 2017 Ky. Acts ch. 62, sec. 8, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 554, effective July 15, 2010. -- Amended 1976 Ky. Acts ch. 206, sec. 34. -- Amended 1944 Ky. Acts ch. 154, sec. 9. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-106.

KRS 241.110 County judge/executive as county administrator -- Appointment of person other than county judge/executive -- Investigators and clerks -- Powers and jurisdiction -- Constitutional oath

241.110. County judge/executive as county administrator -- Appointment of person other than county judge/executive -- Investigators and clerks -- Powers and jurisdiction -- Constitutional oath (1) (a) The fiscal court of any county in which traff ic in alcoholic beverages is not forbidden under KRS Chapter 242 may by resolution declare that regulation of the traffic in that county is necessary. (b) The county judge/executive shall immediately constitute a county alcoholic beverage control administrator for the county. However, the county judge/executive may decline to accept this office, or after accepting the office, the county judge/executive may resign from the office, and in either event, notwithstanding the provisions of KRS 241.120, 241.140, a nd 241.150, the county judge/executive may promptly appoint a person: 1. At least thirty (30) years of age; 2. Who at the time of the appointment has been a citizen of the state and a resident of that county for at least two (2) years next preceding the da te of appointment; and 3. Who is able to qualify to serve at the pleasure of the county judge/executive as county alcoholic beverage control administrator for that county. Before entering upon the duties of county alcoholic beverage control administrator appointed by the county judge/executive, the appointee shall take the oath prescribed by Section 228 of the Constitution. Upon the qualification and appointment of this person as county alcoholic beverage control administrator for the county, the person sh all immediately notify the department. (2) The compensation of the county alcoholic beverage control administrator, appointed by the county judge/executive, shall be fixed by the fiscal court in accordance with KRS 64.530. The county judge/executive may al so appoint any investigators and clerks deemed necessary for the proper conduct of the county alcoholic beverage control administrator's office, their salaries likewise shall be fixed by the fiscal court pursuant to KRS 64.530, and they will serve at the p leasure of the county judge/executive. (3) No person shall be a county alcoholic beverage control administrator, an investigator, or an employee of the county under the supervision of the county alcoholic beverage control administrator, who would be disqualified to be a member of the board under KRS 241.100. (4) (a) The county alcoholic beverage control administrator, appointed by the county judge/executive, and the administrator's investigators, shall have full police powers of peace officers, and their jurisdiction shall be over the unincorporated areas of the county and within the corporate limits of any city in the county not having its own administrator. They may inspect any premises where alcoholic beverages are manufactured, sold, stored, or otherwise trafficked in, without first obtaining a s earch warrant. (b) The county alcoholic beverage control administrator, and any investigator appointed by the administrator, shall not have the power to make arrests unless he or she is certified in accordance with KRS 15.380 to 15.404. (5) Before entering upon official duties, each county administrator shall take the oath prescribed in Section 228 of the Constitution. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 143, sec. 2, effective June 27, 2025. -- Amended 2023 Ky. Acts ch. 170, sec. 12, effective June 29, 2023. -- Amended 2017 Ky. Acts ch. 62, sec. 9, effective June 29, 2017. -- Amended 1954 Ky. Acts ch. 139, sec. 1, effective June 17, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-110.

KRS 241.120 Disqualification of county judge/executive -- How vacancy filled -- Appointee

241.120. Disqualification of county judge/executive -- How vacancy filled -- Appointee (1) The county judge/executive shall be disqualified to act as county administrator by any fact that would disqualify a person under KRS 241.100 from acting as a member of the board. (2) If he is disqualified to act as county administrator, or if a vacancy in that office occurs for any other reason, the judge of the Circuit Court of that county shall appoint to that position a person at least thirty (30) years of age who, at the time of appointment, has been a citizen of the state and a resident of that county for at least two (2) years next preceding the date of appointment, and who is able to qualify. (3) The appointee shall serve during the unexpired portion of the term or until the county judge/executive is able and willing to qualify. History: Amended 1944 Ky. Acts ch. 154, sec. 10. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-110.

KRS 241.130 Repealed, 2017

241.130. Repealed, 2017 Catchline at repeal: Salary, oath and bond of county administrator. History: Repealed 2017 Ky. Acts ch. 62, sec. 119, effective June 29, 2017. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-110.

KRS 241.140 Functions of county administrator -- Jurisdiction

241.140. Functions of county administrator -- Jurisdiction Each county administrator shall have the same duties and functions regarding local license applications and renewals as the department with respect to state licenses. Each county administrator shall have the same duties and functions regarding local license penalization as the board with respect to state license penalization. If any city appoints its own administrator under KRS 241.160, the county administrator in that county shall have jurisdiction over only that portion of the county which lies outside the corporate limits of that city, unless the city does not have an adequate police force. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 18, sec. 2, effective June 29, 2017; and ch. 62, sec. 10, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 555, effective July 15, 2010. -- Amended 1998 Ky. Acts ch. 522, sec. 27, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-110. Legislative Research Commission Note (6/29/2017). This statute was amended by 2017 Ky. Acts chs. 18 and 62, which do not appear to be in conflict and have been codified together.

KRS 241.150 Appeals from decision or order of county administrator to board

241.150. Appeals from decision or order of county administrator to board Appeals from a decision or order of a county administrator may be taken to the board by filing a notice of appeal with the board within thirty (30) days after the decision or order of the county administrator is mailed or delivered by personal service. The notice of appeal shall specify the county administrator by name and shall identify the decision or order, or part of the decision or order, being appealed. The notice shall contain a certificate that a copy of the notice has been served on the county administrator and shall be accompanied by a copy of the decision or order being appealed. Matters at issue shall be heard by the board as upon an original proceeding. Appeals from decisions or orders of the county administrator shall be governed by KRS Chapter 13B. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 11, effective June 29, 2017. -- Amended 1998 Ky. Acts ch. 121, sec. 2, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-110.

KRS 241.160 Wet or moist cities with population of 3,000 or more and consolidated local governments required to have city administrators -- City administrators permitted in smaller cities

241.160. Wet or moist cities with population of 3,000 or more and consolidated local governments required to have city administrators -- City administrators permitted in smaller cities (1) The legislative body of any wet or moist city with a population equal to or greater than three thousand (3,000) or a consolidated local government shall by ordinance create the office of city alcoholic beverage control administrator, or shall assign the duties of this office to a presently established city office. (2) Except as provided in subsection (3) of this section, the legislative body of any wet or moist city with a population of less than three thousand (3,000) may, by ordinance, create the office of city alcoholic beverage control administrator or shall assign the duties of the office to a presently established office. (3) If located in a county containing a consolidated local government, cities with a population of less than three thousand (3,000) shall not create the office of city alcoholic beverage control administrator. Any city under this subsection that had created the office of city alcoholic beverage control and appointed a person to that office prior to August 1, 2014, shall not be prohibited by this subsection. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 12, effective June 29, 2017. -- Amended 2014 Ky. Acts ch. 92, sec. 288, effective January 1, 2015. -- Amended 2002 Ky. Acts ch. 346, sec. 215, effective July 15, 2002. -- Created 1948 Ky. Acts ch. 108, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-111.

KRS 241.170 Appointment of city administrator and employees in cities of first class or consolidated local government -- Police powers -- Right to inspect premises -- Appointment in other cities -- Qualifications of city administrators and employees -- Constitutional oath

241.170. Appointment of city administrator and employees in cities of first class or consolidated local government -- Police powers -- Right to inspect premises -- Appointment in other cities -- Qualifications of city administrators and employees -- Constitutional oath (1) (a) The city administrator in each city of the first class or the administrator in a consolidated local government, and any investigators and clerks deemed necessary for the proper conduct of this office, shall be appointed by the mayor. (b) The city administrator in each city of the first class or the administrator in a county containing a consolidated local government, and the administrator's investigators, shall have full police powers of peace officers, except as provided in subsection (5) of this section, and their jurisdiction shall be coextensive with boundaries of the city of the first class or the boundaries of the county in a county containing a consolidated local government. (c) They may inspect any premises where alc oholic beverages are manufactured, sold, stored, or otherwise trafficked in, without first obtaining a search warrant. (2) (a) The city administrator in each city, other than a consolidated local government, and any investigators and clerks deemed necessar y for the proper conduct of this office shall be appointed by the city manager if there is one. If there is no city manager, the city administrator and any investigators or clerks shall be appointed by the mayor. (b) Except as provided under subsection (5) of this section, the jurisdiction of a city administrator appointed pursuant to this subsection shall be coextensive with the boundaries of the city, and the city administrator and the administrator's investigators shall have the same powers authorized un der subsection (1) of this section. (3) No person shall be an administrator, an investigator, or an employee of the city or a consolidated local government under the supervision of the administrator, who would be disqualified to be a member of the board un der KRS 241.100. (4) Before entering upon official duties, each city administrator shall take the oath prescribed in Section 228 of the Constitution. An appointed city alcoholic beverage control administrator shall immediately notify the department of qual ification and appointment. (5) (a) Except as provided in paragraph (b) of this subsection, an administrator or investigator appointed under this section shall not have the power to make arrests unless he or she is certified in accordance with KRS 15.380 to 15.404. (b) This subsection shall not apply to any individual serving as an administrator in a consolidated local government on June 27, 2025. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 143, sec. 3, effective June 27, 2025. -- Amended 2024 Ky. Acts ch. 49, sec. 2, effective July 15, 2024. -- Amended 2017 Ky. Acts ch. 18, sec. 3, effective June 29, 2017; and ch. 62, sec. 13, effective June 29, 2017. -- Amended 2014 Ky. Acts ch. 92, sec. 289, effective January 1, 2015. -- Amended 2010 Ky. Acts ch. 24, sec. 556, effective July 15, 2010. -- Amended 2002 Ky. Acts ch. 346, sec. 216, effective July 15, 2002. -- Amended 1948 Ky. Acts ch. 108, sec. 2. -- Amended 1946 Ky. Acts ch. 247, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b -111.

KRS 241.180 Repealed, 2017

241.180. Repealed, 2017 Catchline at repeal: Oath and bond of city administrator and employees. History: Repealed 2017 Ky. Acts ch. 62, sec. 119, effective June 29, 2017. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-111.

KRS 241.190 Functions of city administrator

241.190. Functions of city administrator Each city administrator shall have the same duties and functions regarding local license applications and renewals as the department with respect to state licenses. Each city administrator shall have the same duties and functions regarding local license penalization as the board with respect to state license penalization. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 14, effective June 29, 2017. -- Amended 1998 Ky. Acts ch. 522, sec. 3, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-111.

KRS 241.200 Appeals from decisions or orders of city administrator

241.200. Appeals from decisions or orders of city administrator Appeals from a decision or order of each city administrator may be taken to the board by filing a notice of appeal with the board within thirty (30) days after the decision or order of the city administrator is mailed or delivered by personal service. The notice of appeal shall specify the city administrator by name and shall identify the decision or order, or part of the decision or order, being appealed. The notice shall contain a certificate that a copy of the notice has been served on the city administrator and shall be accompanied by a copy of the decision or order being appealed. Matters at issue shall be heard by the board as upon an original proceeding. Appeals from decisions or orders of the city administrator shall be governed by KRS Chapter 13B. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 15, effective June 29, 2017. -- Amended 2000 Ky. Acts ch. 435, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 522, sec. 4, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-111.

KRS 241.220 Urban-county administrator

241.220. Urban-county administrator The legislative body of any urban-county government in which traffic in alcoholic beverages is not forbidden by KRS Chapter 242 shall by ordinance create the office of urban-county alcoholic beverage control administrator. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 194, sec. 1, effective June 17, 1978.

KRS 241.230 Appointment and duties of administrator, investigators, and clerks -- Police powers -- Constitutional oath

241.230. Appointment and duties of administrator, investigators, and clerks -- Police powers -- Constitutional oath (1) (a) The urban-county administrator in each urban-county government and any investigators and clerks deemed necessary for the proper conduct of the office, shall be appointed by the mayor. (b) The urban-county administrator, and the urban-county administrator's investigators, shall have full police powers of peace officers, except as provided in subsection (4) of this section, and their jurisdiction shall be coextensive with the urban-county governments. They may inspect any premises where alcoholic beverages are manufactured, sold, stored, or otherwise trafficked in, without first obtaining a search warrant. (2) No person shall be an urban-county administrator, an investigator, or an employee of the urban-county government under the supervision of the urban-county administrator, who would be disqualified to be a member of the board under KRS 241.100. (3) Before entering upon official duties, each urban-county administrator shall take the oath prescribed in Section 228 of the Constitution. An appointed urban-county alcoholic beverage control administrator shall immediately notify the department of qualification and appointment. (4) An urban-county administrator or investigator appointed under this section shall not have the power to make arrests unless he or she is certified in accordance with KRS 15.380 to 15.404. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 143, sec. 4, effective June 27, 2025. -- Amended 2017 Ky. Acts ch. 62, sec. 16, effective June 29, 2017. -- Created 1978 Ky. Acts ch. 194, sec. 2, effective June 17, 1978.

KRS 241.240 Repealed, 2017

241.240. Repealed, 2017 Catchline at repeal: Bond. History: Repealed 2017 Ky. Acts ch. 62, sec. 119, effective June 29, 2017. -- Created 1978 Ky. Acts ch. 194, sec. 3, effective June 17, 1978.

KRS 241.250 Functions and duties of urban-county administrator

241.250. Functions and duties of urban-county administrator Each urban-county administrator shall have the same duties and functions regarding local license applications and renewals as the department with respect to state licenses. Each urban-county administrator shall have the same duties and functions regarding local license penalization as the board with respect to state license penalization. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 17, effective June 29, 2017. -- Amended 1998 Ky. Acts ch. 522, sec. 5, effective July 15, 1998. -- Created 1978 Ky. Acts ch. 194, sec. 4, effective June 17, 1978.

KRS 241.260 Appeals from urban-county administrator's decision or order

241.260. Appeals from urban-county administrator's decision or order Appeals from a decision or order of each urban-county administrator may be taken to the board by filing a notice of appeal with the board within thirty (30) days after the decision or order of the urban-county administrator is mailed or delivered by personal service. The notice of appeal shall specify the urban-county administrator by name and shall identify the decision or order, or part of the decision or order, being appealed. The notice shall contain a certificate that a copy of the notice has been served on the urban-county administrator and shall be accompanied by a copy of the decision or order being appealed. Matters at issue shall be heard by the board as upon an original proceeding. Appeals from decisions or orders of the urban-county administrator shall be governed by KRS Chapter 13B. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 18, effective June 29, 2017. -- Amended 2000 Ky. Acts ch. 435, sec. 3, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 522, sec. 6, effective July 15, 1998. -- Created 1978 Ky. Acts ch. 194, sec. 5, effective June 17, 1978.

KRS 241.990 Penalties

241.990. Penalties Any person who after an opportunity to be heard is found by the commissioner to have violated any of the provisions of KRS 241.100, or acted as county administrator in violation of subsection (1) of KRS 241.120, or acted as city administrator or a city employee in violation of subsection (3) of KRS 241.170, or acted as an urban-county administrator in violation of KRS 241.230, shall automatically vacate his office or position, and upon conviction by a court, he shall be guilty of a Class D felony. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 557, effective July 15, 2010. -- Amended 1992 Ky. Acts ch. 463, sec. 29, effective June 14, 1992. -- Amended 1978 Ky. Acts ch. 194, sec. 6, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-106, 2554b-110, 2554b-111.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38391Fetched: 10/20/2026