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Form a Business

ALCOHOLIC BEVERAGES -- PROHIBITIONS, RESTRICTIONS, AND REGULATIONS

KRS tit. XX, ch. 244
in effect

KRS 244.010 Definitions

244.010. Definitions 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. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-98.

KRS 244.020 Repealed, 1986

244.020. Repealed, 1986 Catchline at repeal: Drinking or being under influence of alcoholic beverages in public place prohibited. History: Repealed 1986 Ky. Acts ch. 336, sec. 11, effective July 1, 1986. -- Amended 1982 Ky. Acts ch. 312, sec. 9. -- Amended 1980 Ky. Acts ch. 254, sec. 9. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-152.

KRS 244.030 Soliciting orders -- When prohibited

244.030. Soliciting orders -- When prohibited (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 that has been solicited or received at the residence or place of business of the consumer. (2) Subsection (1) of this section shall not prohibit the solicitation by a distiller, rectifier, brewer, or winery of an order from any wholesaler or distributor at the licensed premises of the wholesaler or distributor nor the solicitation by a wholesaler or distributor of an order from any retailer at the licensed premises. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 121, sec. 82, effective June 25, 2013. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-159.

KRS 244.040 Sales for cash only

244.040. Sales for cash only (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 following conditions are met: (a) The use of electronic transfers shall be voluntary and shall be agreed to by the affected brewer, distributor, and retailer; (b) The brewer shall not pay or credit back in any way to the distributor any share of the cost that is attributable to the electronic transfer; (c) The distributor shall not pay or credit back in any way to the retailer any share of the cost that is attributable to the electronic fund transfer; (d) The transfer of funds shall be initiated by the brewer or the distributor; (e) The distributor may debit the retailer's bank account for the exact amount due based on the amount of alcoholic beverages delivered; (f) Electronic fund transfers that are rejected or denied at the time of sale for any reason shall be treated in the same manner as checks drawn on insufficient funds; and (g) Each participating retail licensee and each distributor maintain accurate records of all electronic fund transfers in accordance with department statutes and administrative regulations. (2) A brewer or distributor shall not furnish or deliver any returnable bottled malt beverage without collecting a minimum container charge or deposit of sixty cents ($0.60) per case of twenty-four (24) twelve-ounce bottles or its equivalent in the same manner that the price of the malt beverage is collected. (3) This section shall not prohibit a licensee from crediting to a purchaser the actual prices charged for packages or containers returned by the original purchaser as a credit on any sale, or from refunding to any purchaser the amount paid by the purchaser for containers or as a deposit on containers when the title is retained by the vendor, if the containers or packages have been returned to the brewer or distributor. (4) No right of action shall exist to collect any claim for credit extended contrary to this section. (5) This section shall not apply to sales by wholesalers or distributors to licensees that are private clubs or voluntary associations. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 585, effective July 15, 2010. -- Amended 1998 Ky. Acts ch. 522, sec. 16, effective July 15, 1998. -- Amended 1978 Ky. Acts ch. 194, sec. 28, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-156.

KRS 244.050 "Treating" prohibited -- Exceptions

244.050. "Treating" prohibited -- Exceptions 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 243.0305, 243.0307, 243.155, and 243.157. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 89, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 80, sec. 21, effective July 15, 2016. -- Amended 2013 Ky. Acts ch. 121, sec. 83, effective June 25, 2013. -- Amended 2010 Ky. Acts ch. 24, sec. 586, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 179, sec. 12, effective January 1, 2007. -- Amended 2004 Ky. Acts ch. 20, sec. 11, effective July 13, 2004. -- Amended 2003 Ky. Acts ch. 15, sec. 1, effective June 24, 2003. -- Amended 2000 Ky. Acts ch. 182, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 121, sec. 26, effective July 15, 1998. -- Amended 1976 Ky. Acts ch. 381, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-183.

KRS 244.060 Licensee to purchase from and sell only to persons authorized to sell or purchase

244.060. Licensee to purchase from and sell only to persons authorized to sell or 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 any order for any alcoholic beverages to any person who is not a holder of a special agent's or solicitor's license if this license is required. (2) No licensee shall sell or agree to sell any alcoholic beverage or cannabis -infused beverage to any person within or without this state who is not legally authorized to buy and receive the beverages at the time of the agreement to sell, nor secure any order for the sale of any alcoholic beverages through any person who is not the holder of a special agent's or solicitor's license. Effective: March 25, 2025 History: Amended 2025 Ky. Acts ch. 82, sec. 26, effective March 25, 2025. -- Amended 2017 Ky. Acts ch. 62, sec. 90, effective June 29, 2017. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-157.

KRS 244.070 Repealed, 2017

244.070. Repealed, 2017 Catchline at repeal: Sale to person not providing for his family prohibited. 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-162.

KRS 244.080 Retail sales to certain persons prohibited -- Affirmative defense in prosecution for selling to a minor

244.080. Retail sales to certain persons prohibited -- Affirmative defense in 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, given away, possessed by, or delivered to: (1) A minor, except that in any prosecution for selling alcoholic beverages or cannabis - infused beverages to a minor it shall be an affirmative defense that the sale was induced by the use of false, fraudulent, or altered identification papers or other documents and that the appearance and character of the purchaser were such that the purchaser's age could not have been ascertained by any other means and that the purchaser's appearance and character indicated strongly that the purchaser was of legal age to purchase alcoholic beverages or cannabis -infused beverages. This evidence may be introduced either in miti gation of the charge or as a defense to the charge itself; or (2) A person who appears to a reasonable person to be actually or apparently under the influence of alcoholic beverages, cannabis -infused beverages, controlled substances, other intoxicating substances, or any of these substances in combination, to the degree that the person may endanger any person or property, or unreasonably annoy persons in the vicinity. Effective: March 25, 2025 History: Amended 2025 Ky. Acts ch. 82, sec. 27, effective March 25, 2025. -- Amended 2017 Ky. Acts ch. 62, sec. 91, effective June 29, 2017. -- Amended 2009 Ky. Acts ch. 66, sec. 1, effective June 25, 2009. -- Amended 1998 Ky. Acts ch. 522, sec. 17, effective July 15, 1998. -- Amended 1972 Ky. Acts ch. 286, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-181.

KRS 244.083 Licensee to display notice as to sale to minors

244.083. Licensee to display notice as to sale to minors 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 fine up to one hundred dollars ($100) if they: 1. Enter licensed premises to buy, or have served to them, alcoholic beverages. 2. Possess, purchase or attempt to purchase, or get another to purchase alcoholic beverages. 3. Misrepresent their age for the purpose of purchasing or obtaining alcoholic beverages. History: Created 1968 Ky. Acts ch. 62, sec. 5.

KRS 244.085 Minors not to possess or purchase liquor nor to misrepresent age -- Use of fraudulent identification -- Prohibition against minors remaining on premises where alcoholic beverages sold

244.085. Minors not to possess or purchase liquor nor to misrepresent age -- Use of fraudulent identification -- Prohibition against minors remaining on premises where alcoholic beverages sold (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 alcoholic beverages. (2) A person under twenty-one (21) years of age shall not possess for personal use or purchase or attempt to purchase or have another purchase for the person any alcoholic beverages. No person shall aid or assist any person under twenty-one (21) years of age in purchasing or being delivered or served any alcoholic beverages. (3) A person under twenty-one (21) years of age shall not misrepresent the person's age for the purpose of inducing any licensee, or the licensee's agent, servant, or employee, to sell or serve any alcoholic beverages to the underage person. (4) A person under twenty-one (21) years of age shall not use, or attempt to use any false, fraudulent, or altered identification card, paper, or any other document to purchase or attempt to purchase or otherwise obtain any alcoholic beverage. (5) Except as provided in KRS 244.090, a licensee, or the licensee's agents, servants, or employees shall not permit any person under twenty-one (21) years of age to remain on any premises where alcoholic beverages are sold by the drink or consumed on the premises, unless: (a) The usual and customary business of the licensee is a hotel, motel, restaurant, convention center, convention hotel complex, racetrack, simulcast facility, golf course, private club, park, fair, church, school, athletic complex, athletic arena, theater, small farm winery, distillery, brewery, winery, convenience store, grocery store, drug store, entertainment destination center, licensed APC premises, live music or other entertainment or public facility, or any other business type, as determined by the board through the promulgation of administrative regulations, whose operations allow it to adequately monitor and prevent alcohol sales to minors; or (b) All alcoholic beverage inventory is kept in a separate, locked department at all times when minors are on the premises. (6) Except as provided in subsection (5) of this section, a licensee or the licensee's agent, servant, or employee shall not allow any person under the age of twenty-one (21) to remain on any premises that sells alcoholic beverages by the package unless the underage person is accompanied by a parent or guardian or the usual and customary business of the establishment is a convenience store, grocery store, drugstore, or similar establishment. (7) Except as provided in subsection (5) of this section, a person under the age of twenty-one (21) shall not remain on any premises that sells alcoholic beverages by the package unless the person under the age of twenty-one (21) is accompanied by a parent or guardian or the usual and customary business of the establishment is a convenience store, grocery store, drugstore, or similar establishment. (8) A violation of subsection (1), (2), (3), (4), or (7) of this section shall be deemed a status offense if committed by a person under the age of eighteen (18) and shall be under the jurisdiction of the juvenile session of the District Court or the family division of the Circuit Court, as appropriate. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 102, sec. 19, effective July 15, 2020. -- Amended 2017 Ky. Acts ch. 62, sec. 92, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 80, sec. 22, effective July 15, 2016. -- Amended 2010 Ky. Acts ch. 24, sec. 587, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 66, sec. 2, effective June 25, 2009. -- Amended 2008 Ky. Acts ch. 87, sec. 22, effective July 15, 2008. -- Amended 2003 Ky. Acts ch. 58, sec. 1, effective June 24, 2003. -- Amended 1998 Ky. Acts ch. 522, sec. 18, effective July 15, 1998. -- Amended 1972 Ky. Acts ch. 286, sec. 2. -- Created 1968 Ky. Acts ch. 62, secs. 1 to 4. Legislative Research Commission Note (6/25/2009). The Reviser of Statutes has corrected a manifest clerical or typographical error in subsection (6)(d) of this statute under the authority of KRS 7.136(1)(h).

KRS 244.087 Repealed, 2017

244.087. Repealed, 2017 Catchline at repeal: Minor may stock, arrange displays, and sell malt beverages. History: Repealed 2017 Ky. Acts ch. 62, sec. 119, effective June 29, 2017. -- Amended 1998 Ky. Acts ch. 522, sec. 19, effective July 15, 1998. -- Created 1974 Ky. Acts ch. 389, sec. 1.

KRS 244.090 Persons whom licensees may not employ -- Exceptions

244.090. Persons whom licensees may not employ -- Exceptions (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 to the use of alcoholic beverages within the last two (2) years; (c) For the purposes of selling and serving alcoholic beverages, is under the age of twenty (20) years, unless the person employed is at least eighteen (18) years of age and under the supervision of a person twenty (20) years of age or older; or (d) Within two (2) years prior to the date of the person's employment, has had any license issued under KRS Chapters 241 to 244 or under any other act or ordinance relating to the regulation of the manufacture, sale, or transportation of alcoholic beverages revoked for cause. (2) The provisions of subsection (1)(a) and (b) of this section shall not apply if the employee's duties do not involve the sale, service, delivery, or traffic in alcoholic beverages at the licensed premises. (3) A person under the age of twenty (20) years of age whose employment is authorized under subsection (1) of this section shall not have duties that include bartending or any activities listed in KRS 529.010(3). (4) A person who is at least eighteen (18) years of age whose employment does not include the sale or service of alcoholic beverages may work in the warehouse of a wholesaler or distributor if there is an employee on the premises who is twenty-one (21) years of age or older. (5) Violation of this section shall subject both employer and employee to penalties provided in this chapter and shall be cause for revocation of license. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 38, sec. 1, effective July 14, 2022. -- Amended 2017 Ky. Acts ch. 62, sec. 93, effective June 29, 2017. -- Amended 2013 Ky. Acts ch. 121, sec. 84, effective June 25, 2013. -- Amended 2012 Ky. Acts ch. 125, sec. 7, effective July 12, 2012. -- Amended 2000 Ky. Acts ch. 435, sec. 15, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 522, sec. 20, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 467, sec. 1, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 208, sec. 1, effective July 15, 1988. -- Amended 1978 Ky. Acts ch. 194, sec. 19, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 389, sec. 2. -- Amended 1942 Ky. Acts ch. 168, secs. 6 and 15. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-155.

KRS 244.100 Repealed, 1974

244.100. Repealed, 1974 Catchline at repeal: Female may be employed only as waitress, cashier or usher. History: Repealed 1974 Ky. Acts ch. 80, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-189.

KRS 244.105 Gift card for alcoholic beverages to be redeemed only by persons 21 and older

244.105. Gift card for alcoholic beverages to be redeemed only by persons 21 and 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 presenting the card is twenty-one (21) years of age or older. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 28, sec. 2, effective July 12, 2006.

KRS 244.110 Retail premises to furnish clear view from sidewalk or entrance

244.110. Retail premises to furnish clear view from sidewalk or entrance 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, or, if the premises are not on the street level, from the entrance. No partition, box, stall, screen, curtain, or other device shall obstruct the view or the general observation of persons, but partitions, subdivisions, or panels that are not higher than forty-eight (48) inches from the floor shall not be construed as obstructing the view or the general observation of persons. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 94, effective June 29, 2017. -- Amended 1998 Ky. Acts ch. 121, sec. 27, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-176.

KRS 244.120 Retail premises not to be disorderly -- Acts constituting disorderly behavior

244.120. Retail premises not to be disorderly -- Acts constituting disorderly 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, or the licensee's servants, agents, or employees to cause public inconvenience, annoyance, or alarm, or create a risk through: (a) Engaging in fighting or in violent, tumultuous, or threatening behavior; (b) Making unreasonable noise; (c) Refusing to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency; (d) Creating a hazardous or physically offensive condition by any act that serves no legitimate purpose; (e) Creating a public nuisance; (f) Engaging in criminal activity that would constitute a capital offense, felony, or misdemeanor; or (g) Failing to maintain the minimum health, fire, safety, or sanitary standards established by the state or a local government, or by state administrative regulations, for the licensed premises. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 121, sec. 85, effective June 25, 2013. -- Amended 1978 Ky. Acts ch. 194, sec. 20, effective June 17, 1978. -- Repealed in part 1944 Ky. Acts ch. 154, sec. 25; and ch. 173, sec. 15. -- Amended 1942 Ky. Acts ch. 168, secs. 8 and 17. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2554b-180, 3490-14.

KRS 244.125 Prohibition against possession of loaded firearm in room where alcoholic beverages are being sold by the drink

244.125. Prohibition against possession of loaded firearm in room where alcoholic 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 premises licensed to sell distilled spirits and wine at retail by the drink for consumption on the licensed premises pursuant to KRS Chapter 243. (2) This section shall not apply to the owner manager, or employee of licensed premises, law enforcement officers, or special local peace officers commissioned pursuant to KRS 61.360. (3) This section shall not apply to a bona fide restaurant open to the general public having dining facilities for not less than fifty (50) persons and which receives less than fifty percent (50%) of its annual food and beverage receipts from the dining facilities by the sale of alcohol. (4) Nothing in this section shall be construed as permitting the carrying of a concealed deadly weapon in violation of KRS 527.020. (5) Any firearm possessed in violation of this section shall be subject to forfeiture and shall be disposed of pursuant to KRS 237.090. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 22, sec. 21, effective July 15, 2014. -- Amended 2012 Ky. Acts ch. 125, sec. 8, effective July 12, 2012. -- Amended 1996 Ky. Acts ch. 119, sec. 2, effective October 1, 1996. -- Created 1994 Ky. Acts ch. 396, sec. 6, effective July 15, 1994.

KRS 244.130 Advertising to comply with regulations of board -- Types of advertising not prohibited

244.130. Advertising to comply with regulations of board -- Types of 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 following forms of advertising: (a) Advertising in newspapers, magazines, or periodicals having a general circulation; (b) Promotional advertising on radio or television limited to no more than the name of the licensee and the products the licensee is permitted to manufacture or sell; (c) Promotional advertising containing the names of establishments or products displayed on uniforms or equipment of sporting teams; (d) Promotional advertising mailed or delivered to a consumer's residence; or (e) A distiller from providing visitors who are twenty-one (21) years of age or older, in conjunction with a distillery tour or an event conducted by a bona fide church or charitable organization, free: 1. Consumer-branded nonalcoholic novelty items whose actual retail cost does not exceed seventy-five dollars ($75) per item; and 2. Production by-products. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 95, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 80, sec. 23, effective July 15, 2016. -- Amended 2007 Ky. Acts ch. 59, sec. 1, effective June 26, 2007. -- Amended 1998 Ky. Acts ch. 121, sec. 28, effective July 15, 1998. -- Amended 1984 Ky. Acts ch. 58, sec. 2, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 194, sec. 21, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-164.

KRS 244.140 Repealed, 1984

244.140. Repealed, 1984 Catchline at repeal: Advertising brands by retailers prohibited. History: Repealed 1984 Ky. Acts ch. 58, sec. 1, effective July 13, 1984. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b- 178.

KRS 244.150 Licensee to keep records

244.150. Licensee to keep records 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 all transactions involved in the distribution or sale of cannabis - infused beverages, in the manner required by administrative regulations of the department and the Department of Revenue. Effective: March 25, 2025 History: Amended 2025 Ky. Acts ch. 82, sec. 28, effective March 25, 2025. -- Amended 2020 Ky. Acts ch. 80, sec. 13, effective July 15, 2020. -- Amended 2017 Ky. Acts ch. 62, sec. 96, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 588, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 85, sec. 661, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 121, sec. 29, effective July 15, 1998. -- Amended 1944 Ky. Acts ch. 154, sec. 26. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from K y. Stat. secs. 2554b-167, 4281c-21.

KRS 244.160 Presence of alcoholic beverage or cannabis-infused beverage raises presumption of intention to sell

244.160. Presence of alcoholic beverage or cannabis-infused beverage raises 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 premises for the purpose of sale. Effective: March 25, 2025 History: Amended 2025 Ky. Acts ch. 82, sec. 29, effective March 25, 2025. -- Recodified 1942 K y. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-166.

KRS 244.165 Unlawful sale and shipment by out-of-state seller directly to a Kentucky consumer -- Penalty

244.165. Unlawful sale and shipment by out-of-state seller directly to a Kentucky 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 Kentucky consumer who does not hold a valid wholesaler or distributor license issued by the Commonwealth. (2) A licensed transporter or common carrier making deliveries or shipments pursuant to this section shall deliver or ship directly to consumers over twenty-one (21) years of age in packages clearly marked "Alcoholic Beverages, adult signature (21 years of age or over) required," and shall request adult-signature-only service from the carrier. A licensed common carrier shall not knowingly ship unlicensed alcoholic beverage shipments into the Commonwealth. Deliveries or shipments of alcoholic beverages shall only be made into areas of the state in which alcoholic beverages may be lawfully sold. When the shipper requests adult-signature-only service, it shall be a violation for a common carrier not to inspect government-issued identification for proof of age. No properly licensed common carrier or any of its employees acting on behalf of a consignor shall be liable for a violation of any provision of KRS 242.250, 242.260, or 242.270 prohibiting the delivery or shipment of alcoholic beverages into areas of the state in which alcoholic beverages are not lawfully sold. (3) Any person who violates subsection (1) of this section shall, for the first offense, be mailed a certified letter by the department ordering that person to cease and desist any deliveries or shipments of alcoholic beverages to Kentucky residents, and the department shall mail a copy of the certified letter to the licensing authority where the person is located. Any subsequent violations may result in further legal action. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 80, sec. 21, effective July 15, 2020. -- Amended 2018 Ky. Acts ch. 164, sec. 7, effective April 13, 2018. -- Amended 2010 Ky. Acts ch. 24, sec. 589, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 179, sec. 2, effective January 1, 2007. -- Created 1996 Ky. Acts ch. 72, sec. 1, effective July 15, 1996.

KRS 244.167 Unlawful acts relating to wholesalers or distributors

244.167. Unlawful acts relating to wholesalers or distributors (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 of alcoholic beverage sold or sought to be sold; (b) For any wholesaler, distributor, or any other licensee in this Commonwealth to order, purchase, or receive any alcoholic beverage from any supplier unless the supplier is the primary source of supply for the brand ordered, purchased, or received; (c) For a retailer to order, purchase, or receive any alcoholic beverage from any source other than any of the following: 1. A wholesaler or distributor who has purchased the brand from the primary source of supply; or 2. A wholesaler or distributor who is the designated representative of the primary source of supply in this Commonwealth and who has purchased alcoholic beverages from the designated representative of the primary source of supply within or without this Commonwealth; and (d) For alcoholic beverages to be transported from a wholesaler's or distributor's warehouse within twenty-four (24) hours of the time they are unloaded. (2) The Alcoholic Beverage Control Board may suspend for a period not to exceed one (1) year the license of any wholesaler, distributor, or retailer who violates the provisions of this section. (3) Upon determination by the Alcoholic Beverage Control Board that a primary source of supply has violated the provisions of this section, no wholesaler, distributor, or retailer may accept any shipment of alcoholic beverages from the primary source of supply for a period of one (1) year. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 97, effective June 29, 2017. -- Amended 2013 Ky. Acts ch. 121, sec. 86, effective June 25, 2013. -- Amended 2010 Ky. Acts ch. 24, sec. 590, effective July 15, 2010. -- Created 1996 Ky. Acts ch. 72, sec. 2, effective July 15, 1996.

KRS 244.170 Apparatus for unlawful manufacture prohibited

244.170. Apparatus for unlawful manufacture prohibited No person shall buy, bargain, sell, loan, own, possess or knowingly transport any apparatus designed for the unlawful manufacture of alcoholic beverages. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-67.

KRS 244.180 Contraband defined

244.180. Contraband defined The following property, even though found and seized in dry territory, is contraband: (1) Any apparatus commonly used or intended to be used in the manufacture of alcoholic beverages and not registered in the office of a collector of internal revenue for the United States. The burden of proof that the apparatus is properly registered shall be on the defendant. (2) Any material, equipment, implements, devices, firearms, and other property used or intended for use directly and immediately in connection with the unlawful traffic in alcoholic beverages. (3) Any alcoholic beverages in the possession of anyone not entitled by law to possess them. (4) Any alcoholic beverages in a container of a size prohibited by law or prohibited to the particular party in whose possession they are found. (5) Any vehicle, watercraft, or aircraft in which any person is illegally possessing or transporting alcoholic beverages. "Illegally possessing" means and includes the holding of any alcoholic beverages unless lawfully acquired and intended for lawful uses. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 98, effective June 29, 2017. -- Amended 1984 Ky. Acts ch. 132, sec. 2, effective July 13, 1984. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-151.

KRS 244.190 Seizure of contraband -- Destruction upon conviction of defendant

244.190. Seizure of contraband -- Destruction upon conviction of defendant Any peace officers, state administrators, and investigators of the department may, upon probable cause, without warrant seize contraband regardless of whether it is in dry territory or not, and hold it subject to the order of the court before which the owner or one in possession of the contraband has been charged with violation of KRS Chapter 242 or KRS 243.020. Upon conviction of the defendant, the court shall enter an order for the destruction of all contraband property, except firearms or ammunition, included in KRS 244.180(1), (2), (3), and (4). Contraband firearms and ammunition shall be transferred to the Department of Kentucky State Police for disposition as provided in KRS 500.090. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 99, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 591, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 85, sec. 273, effective June 26, 2007. -- Amended 2002 Ky. Acts ch. 368, sec. 12, effective July 15, 2002. -- Amended 1984 Ky. Acts ch. 132, sec. 3, effective July 13, 1984. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-151.

KRS 244.195 Title to contraband seized in dry territory to be vested in appropriate court -- Destruction of contraband upon conviction of defendant

244.195. Title to contraband seized in dry territory to be vested in appropriate court -- Destruction of contraband upon conviction of defendant (1) Title to seized contraband included in KRS 244.180(1), (2), (3), and (4) shall be vested in the appropriate court within whose jurisdiction the seizure occurred, irrespective of whether the contraband was seized by peace officers of the city or county or state administrators or investigators of the department, notwithstanding the provisions of KRS 242.380. (2) The court shall order the sheriff for the county in which the contraband included in subsection (1) of this section was seized to destroy the contraband, except firearms or ammunition, upon conviction of the defendant. (3) Contraband firearms and ammunition shall be transferred to the Department of Kentucky State Police for disposition as provided in KRS 500.090. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 100, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 592, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 85, sec. 274, effective June 26, 2007. -- Amended 2002 Ky. Acts ch. 368, sec. 13, effective July 15, 2002. -- Amended 1984 Ky. Acts ch. 132, sec. 4, effective July 13, 1984. -- Amended 1962 Ky. Acts ch. 104, sec. 1. -- Created 1956 (4th Extra. Sess.) Ky. Acts ch. 7, secs. 1 and 2.

KRS 244.200 Rights of owner or lienor as to contraband -- Disposition of contraband

244.200. Rights of owner or lienor as to contraband -- Disposition of contraband (1) Contraband property included in subsection KRS 244.180(5) shall be subject to the right of any owner or lienor, whose lien is valid and of record, to intervene and establish the owner or lienor's rights in the property by proving that the property was being used in connection with traffic in alcoholic beverages without the knowledge, consent, or approval of the owner or lienor. (a) If the owner of the property proves the owner's lack of knowledge, consent, or approval, the court shall order the property restored to the owner; or (b) If the lienor proves the lienor's lack of knowledge, consent, or approval, the court shall order a sale of the property at public auction, unless an agreement is made between the lienor and the board, which shall not become final until it has been approved by the court. The board may deliver any property found to be contraband to a lienor whose claim has been established by order of a court of competent jurisdiction, upon payment to the board of the difference between the fair market value of the seized property and the recorded claim of the lienor. (2) Where an agreement has been made between the lienor and the board and approved by the court, a public auction shall not be required. If an agreement is not entered into between the board and the lienor or approved by the court, and a public auction is required, the public auction shall be conducted by the sheriff of the county in which the property is seized. The sheriff shall receive and be allowed the same fees as allowed for sales under execution. (3) The expenses of keeping and selling the property, and the amount of all valid recorded liens that are established by intervention as being bona fide, shall be paid out of the proceeds of the sales, whether they are private or public. The balance shall be paid into the State Treasury and be credited to the general fund. (4) If the defendant is acquitted, no property seized as contraband in connection with the arrest of the defendant shall be ordered returned or restored unless the person from whose possession the property was taken proves that the person was in lawful possession of the property, and if no other person appears and proves that the other person owns the property or has a valid recorded lien on the property and that the property was being used without that person's knowledge and consent, title shall vest in the board at the end of ninety (90) days. (5) If the owners or lienholders of any contraband seized by state administrators or investigators of the department or turned over to the department by other officials, cannot be located within ninety (90) days, and during that time fail to appear and claim the contraband, or if the owner or lienholder appears and agrees, title to the contraband shall immediately vest in the board, which may sell the contraband at a private sale. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 101, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 593, effective July 15, 2010. -- Amended 1984 Ky. Acts ch. 132, sec. 5, effective July 13, 1984. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-151.

KRS 244.202 Seizure of alcoholic beverages or cannabis-infused beverages -- Notice of violation -- Hearing

244.202. Seizure of alcoholic beverages or cannabis-infused beverages -- Notice of violation -- Hearing (1) (a) When the department seizes alcoholic beverages or cannabis -infused beverages, within fourteen (14) days of the seizure it shall provide the licensee with notice of the violation that formed the basis for the seizure under KRS Chapters 241 to 244. (b) If the department fails to properly provide this notice, the seized alcoholic beverages or cannabis-infused beverages shall be returned to the li censee. (c) If the department provides proper notice, the licensee may request a hearing before the board in accordance with KRS Chapter 13B to determine if the seizure was justified. (2) An aggrieved party may appeal the board's final order in the Circuit Court of the county where the seizure occurred. Effective: March 25, 2025 History: Amended 2025 Ky. Acts ch. 82, sec. 30, effective March 25, 2025. -- Created 2024 Ky. Acts ch. 46, sec. 14, effective April 4, 2024.

KRS 244.210 Nonbeverage alcohol not to be sold for beverage purposes

244.210. Nonbeverage alcohol not to be sold for beverage purposes No person shall knowingly sell any alcoholic product intended for nonbeverage purposes under KRS 243.320, under circumstances from which he or she might reasonably deduce the intention of the purchaser to use it for beverage purposes. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 121, sec. 87, effective June 25, 2013. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-193.

KRS 244.220 Regulations of special licenses to be prescribed by board

244.220. Regulations of special licenses to be prescribed by board The prohibitions, restrictions and regulations relating to special licenses shall be those which the board may by its regulations and in the exercise of its sound discretion prescribe. For purposes of this section, a special license shall be one that is not set forth in KRS Chapters 241 to 244. Effective:March 12, 2021 History: Amended 2021 Ky. Acts ch. 13, sec. 14, effective March 12, 2021. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-191.

KRS 244.230 Federal regulations adopted relating to labeling and standards of fill -- Labeling when manufactured outside country

244.230. Federal regulations adopted relating to labeling and standards of fill -- Labeling when manufactured outside country (1) The regulations of the Bureau of Internal Revenue in the United States Department of the Treasury, with respect to the labeling and standards of fill of distilled spirits and wine in their original sealed packages, are adopted and any distilled spirits and wine shall be deemed to be properly labeled under all the laws of this state, if the labels and standards of fill conform to those regulations. (2) Distilled spirits not produced or bottled in the United States shall be labeled in the same manner that distilled spirits produced or bottled in this state are required to be labeled. (3) Subsections (1) and (2) of this section shall not prevent the department from promulgating administrative regulations on this subject that are in addition to but not contrary to the regulations of the Bureau of Internal Revenue in the United States Department of the Treasury. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 102, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 594, effective July 15, 2010. -- Amended 2004 Ky. Acts ch. 123, sec. 2, effective July 13, 2004. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-170.

KRS 244.235 "Kentucky" wine -- Minimum requirements for use of Kentucky products

244.235. "Kentucky" wine -- Minimum requirements for use of Kentucky products No wine sold in Kentucky shall contain on its label or elsewhere on the wine's retail container or package the word "Kentucky" or any other word or phrase implying that the origin of the wine is Kentucky, except in the name and address of the winery as required by federal laws or regulations, unless seventy-five percent (75%) of all grapes, grape juice, other fruits, other fruit juices, and honey used in making the wine were produced in the Commonwealth of Kentucky. Effective: January 1, 2007 History: Created 2006 Ky. Acts ch. 179, sec. 14, effective January 1, 2007.

KRS 244.240 Distiller, rectifier, winery, or wholesaler not to be interested in retail premises -- Transactions prohibited -- Discounts in the usual course of business -- Retailer not to demand violation of this section -- Permitted activities

244.240. Distiller, rectifier, winery, or wholesaler not to be interested in retail premises -- Transactions prohibited -- Discounts in the usual course of business -- Retailer not to demand violation of this section -- Permitted activities (1) No distiller, rectifier, winery, or wholesaler and no employee, servant, or agent of a distiller, rectifier, winery, or wholesaler shall: (a) Except as provided in KRS 243.0305 and 243.155, be interested directly or indirectly in any way in any premises where distilled spirits or wine is sold at retail or in any business devoted wholly or partially to the sale of distilled spirits or wine at retail; (b) Make or cause to be made any loan to any person engaged in the manufacture or sale of distilled spirits or wine at wholesale or retail; (c) Make any gift or render any kind of service whatsoever, directly or indirectly, to any licensee that may tend to influence the licensee to purchase the product of the distiller, rectifier, winery, or wholesaler; or (d) Enter into a contract with any retail licensee under which the licensee agrees to confine the licensee's sales to distilled spirits or wine manufactured or sold by one (1) or more distillers, rectifiers, wineries, or wholesalers. This type of contract shall be void. (2) Nothing in this section shall prohibit the giving of discounts in the usual course of business if the same discounts are offered to all licensees holding the same license type buying similar quantities. (3) A retailer shall not require or demand that a distiller, rectifier, winery, or wholesaler violate this section. (4) This section shall not prohibit a distiller from: (a) Supplying a retailer with barrels for the purpose of holding barrel-aged and batched cocktails; and (b) Selling private selection packages as authorized in KRS 243.0305(4)(a)3. Effective:March 29, 2022 History: Amended 2022 Ky. Acts ch. 39, sec. 12, effective March 29, 2022. -- Amended 2018 Ky. Acts ch. 164, sec. 8, effective April 13, 2018. -- Amended 2017 Ky. Acts ch. 62, sec. 103, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 80, sec. 24, effective July 15, 2016. -- Amended 2013 Ky. Acts ch. 121, sec. 88, effective June 25, 2013. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-168.

KRS 244.245 Repealed, 1982

244.245. Repealed, 1982 Catchline at repeal: Contract requirements - Pricing - Filing requirements - Penalties. History: Repealed 1982 Ky. Acts ch. 390, sec. 13, effective June 1, 1982. -- Created 1978 Ky. Acts ch. 194, sec. 26, effective June 17, 1978.

KRS 244.250 Producer or wholesaler not to furnish sign to licensee except under administrative regulations

244.250. Producer or wholesaler not to furnish sign to licensee except under administrative regulations No distiller, rectifier, winery, or wholesaler shall furnish or cause to be furnished to any licensee any exterior or interior sign, printed, painted, electric or otherwise, except as authorized by the administrative regulations of the board. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 121, sec. 89, effective June 25, 2013. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-171.

KRS 244.260 Containers that wholesaler may purchase, keep, or sell in -- Distilled spirits or wine to be kept by licensees in approved containers

244.260. Containers that wholesaler may purchase, keep, or sell in -- Distilled spirits or wine to be kept by licensees in approved containers (1) No wholesaler shall purchase, import, keep upon the licensed premises, or sell any distilled spirits or wine in any container except in the original sealed package containing quantities of not less than fifty (50) milliliters each of distilled spirits or one hundred (100) milliliters of wine, and not exceeding the largest applicable federal standard of fill size for distilled spirits or two hundred twenty (220) liters of wine, as received from the distiller, rectifier, winery, or wholesaler. The containers shall be in sizes authorized by federal law and at all times shall have affixed to them all labels required by federal law or the administrative regulations of the board. (2) Except for purposes of preparing barrel-aged and batched cocktails as defined in KRS 241.010 and as permitted by KRS 243.055 and 243.082(4) and subsection (3) of this section, licensees holding retail distilled spirits and wine drink licenses shall not keep upon their licensed premises any distilled spirits or wine in any container except in the original package as received from the wholesaler and authorized by federal law. Containers of distilled spirits shall not exceed the largest applicable federal standard of fill size for distilled spirits or be less than fifty (50) milliliters of distilled spirits. Containers of wine shall not exceed two hundred twenty (220) liters or be less than one hundred (100) milliliters. All containers shall at all times have affixed to them any labels required by federal law or administrative regulations of the board. (3) Licensees holding retail distilled spirits and wine package licenses shall not keep upon their licensed premises any distilled spirits or wine in any container except in the original package as received from the wholesaler and authorized by federal law. Containers of distilled spirits shall not exceed the largest applicable federal standard of fill size for distilled spirits or be less than fifty (50) milliliters of distilled spirits. Containers of wine shall not exceed two hundred twenty (220) liters or be less than one hundred (100) milliliters. Except as permitted by subsection (2) of this section, all containers shall at all times remain sealed and shall have affixed to them any labels required by federal law or administrative regulations of the board. Effective:March 29, 2022 History: Amended 2022 Ky. Acts ch. 39, sec. 13, effective March 29, 2022. -- Amended 2017 Ky. Acts ch. 62, sec. 104, effective June 29, 2017. -- Amended 2013 Ky. Acts ch. 121, sec. 90, effective June 25, 2013. -- Amended 2000 Ky. Acts ch. 289, sec. 3, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 121, sec. 30, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 228, sec. 3, effective July 14, 1992. -- Amended 1978 Ky. Acts ch. 194, sec. 22, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-172.

KRS 244.270 Wholesaler to have name and license number on window or building

244.270. Wholesaler to have name and license number on window or building Each wholesaler shall have painted on the front window of the licensed premises, or, if there is no window, on a sign affixed to the front of the building containing the licensed premises, the name of the licensee together with the inscription: "Kentucky Wholesaler's Liquor License No. ...." in uniform letters not less than three (3) inches in height. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 121, sec. 31, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-173.

KRS 244.280 Peddling prohibited

244.280. Peddling prohibited No licensee nor any of the licensee's agents, servants, or employees shall peddle any alcoholic beverages from house to house, by any means, where the sale is solicited at the residence or place of business of the consumer. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 105, effective June 29, 2017. -- Amended 2000 Ky. Acts ch. 289, sec. 4, effective July 14, 2000. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-158.

KRS 244.290 Sales of distilled spirits or wine when polls are open permitted in wet or moist territory -- Power of local governments to regulate -- Sunday sales

244.290. Sales of distilled spirits or wine when polls are open permitted in wet or moist territory -- Power of local governments to regulate -- Sunday sales (1) (a) A licensee authorized to sell distilled spirits or wine at retail shall be permitted to sell and deliver distilled spirits and wine during the hours the polls are open on any primary, or regular, local option, or special election day unless it is located where the legislative body of a city, urban -county government, consolidated local government, charter county government, unified local government, or the fiscal court of a county adopts an ordinance after June 25, 2013, that prohibits the sale of distilled spirits and wine or limits the hours and times in which distilled spirits an d wine may be sold within its jurisdictional boundaries on any primary, or regular, local option, or special election day during the hours the polls are open. (b) This subsection shall only apply in a wet or moist territory. (c) Notwithstanding any other provision of the Kentucky Revised Statutes to the contrary, the fiscal court of a county shall not by ordinance or any other means: 1. Supersede, reverse, or modify any decision made pursuant to this subsection by the legislative body of a city within that county; or 2. Impose an action upon a city within that county when that city has taken no formal action pursuant to this subsection. (2) In any county containing a city of the first class, or a city with a population equal to or greater than twenty thousand (20,000) based upon the most recent federal decennial census in which the sale of distilled spirits and wine by the drink is permitted under KRS Chapter 242, an election on the question of permitting the sale of distilled spirits and wine by the drink on Sunday may be held as provided in KRS Chapter 242. (3) Except as permitted by KRS 243.050 and subsection (4) of this section, a licensee authorized to sell distilled spirits or wine at retail shall not sell or deliver distilled spirits and wine between midnight and 6 a.m. or at any time during the twenty -four (24) hours of a Sunday. (4) (a) A licensee authorized to sell distilled spirits and wine at retail may sell and deliver distilled spirits and wine on Sunday and during the hours and times as permitted by local ordinance of the legislative body of a city, urban -county government, consolidated local government, charter county government, unified local government, or the county with local jurisdiction. These ordinances shall not prohibit the sale, gift, or delivery of distilled spirits or wine between 6 a.m. and 12 midnight any day, except S unday. (b) A licensee authorized to sell distilled spirits and wine by the drink at retail may sell distilled spirits and wine by the drink on Sunday and during the times and hours as permitted by a local ordinance of the legislative body of an urban-county government, consolidated local government, charter county government, unified local government, city, or county with local jurisdiction. The ordinance shall not prohibit the sale or gift of distilled spirits and wine by the drink between 6 a.m. and midnight during any day, except Sunday. (5) In any territory containing a licensed small farm winery that is permitted to sell alcoholic beverages under KRS Chapter 242, the sale of alcoholic beverages at the small farm winery on Sunday may be permitted if: (a) The legislative body of the local government having jurisdiction approves by local ordinance the sale of alcoholic beverages on Sunday in strict accordance with the sales permitted by KRS 243.155 on the licensed premises of a small farm winery during the hours and times as permitted in the local ordinance; or (b) A limited sale precinct election on the issue of Sunday sales is approved after meeting the requirements of KRS 242.1241. (6) In any county containing a city of the first class or in any city located in that county in which the sale of distilled spirits and wine is permitted under KRS Chapter 242, the distilled spirits administrator may issue a license to holders of a quota retail drink license or a special private club license that permits the sale of distilled spirits and wine by the drink on Sunday from 1 p.m. until the prevailing time for that locality. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 143, sec. 5, effective June 27, 2025. -- Amended 2020 Ky. Acts ch. 102, sec. 11, effective July 15, 2020. -- Amended 2017 Ky. Acts ch. 62, sec. 106, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 80, sec. 17, effective July 15, 2016. -- Amended 2014 Ky. Acts ch. 22, sec. 22, effective July 15, 2014; ch. 92, sec. 300, effective Janu ary 1, 2015; and ch. 115, sec. 1, effective July 15, 2014; -- Amended 2013 Ky. Acts ch. 121, sec. 91, effective June 25, 2013. -- Amended 2012 Ky. Acts ch. 125, sec. 9, effective July 12, 2012. -- Amended 2007 Ky. Acts ch. 99, sec. 10, effective June 26, 2 007. -- Amended 2000 Ky. Acts ch. 435, sec. 19, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 522, sec. 21, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 252, sec. 2, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 219, sec. 4, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 176, sec. 2, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 340, sec. 1, effective July 15, 1982; and ch. 411, sec. 2, effective July 15, 1982. -- Amended 1972 Ky. Acts ch. 335, sec. 4. -- Amended 1944 Ky. Acts ch. 154, sec. 27. -- Amended 1942 Ky. Acts ch. 168, secs. 7 and 16. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b -179. 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 244.295 Repealed, 2017

244.295. Repealed, 2017 Catchline at repeal: Urban-county government may set liquor sale hours -- Local option on Sunday sales in urban-county -- Licensing -- Sunday sales extension. History: Repealed 2017 Ky. Acts ch. 62, sec. 119, effective June 29, 2017. -- Amended 2014 Ky. Acts ch. 22, sec. 23, effective July 15, 2014. -- Amended 2013 Ky. Acts ch. 121, sec. 92, effective June 25, 2013. -- Amended 2012 Ky. Acts ch. 125, sec. 10, effective July 12, 2012. -- Amended 2007 Ky. Acts ch. 99, sec. 11, effective June 26, 2007. -- Amended 1998 Ky. Acts ch. 522, sec. 22, effective July 15, 1998. -- Created 1982 Ky. Acts ch. 340, sec. 2, effective July 15, 1982.

KRS 244.300 Extension of credit by retailers prohibited -- Exceptions

244.300. Extension of credit by retailers prohibited -- Exceptions No retailer selling distilled spirits and wine by the package or by the drink shall sell, deliver, or give away, or cause, permit or procure to be sold, delivered, or given away any distilled spirits or wine on credit, except that a bona fide licensed private club, restaurant, or hotel may sell on reasonable credit to its members, customers, or registered guests. Sales by any retailer selling distilled spirits or wine by the package or by the drink may be made by use of national or bank credit cards wherein the credit card company has agreed to payment to the licensee for such charges. However, nothing in this section shall be construed to authorize a licensee to issue its own credit cards or extend a personal credit to patrons. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 121, sec. 93, effective June 25, 2013. -- Amended 1988 Ky. Acts ch. 89, sec. 1, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 313, sec. 1, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 194, sec. 23, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-182.

KRS 244.310 Repealed, 2017

244.310. Repealed, 2017 Catchline at repeal: Containers that drink retailer may keep upon premises. History: Repealed 2017 Ky. Acts ch. 62, sec. 119, effective June 29, 2017. -- Amended 1988 Ky. Acts ch. 24, sec. 1, effective July 15, 1988. -- Amended 1978 Ky. Acts ch. 194, sec. 24, effective June 17, 1978. -- Amended 1970 Ky. Acts ch. 136, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-187.

KRS 244.320 Repealed, 1974

244.320. Repealed, 1974 Catchline at repeal: Females to be served only at tables. History: Repealed 1974 Ky. Acts ch. 80, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-188.

KRS 244.330 Repealed, 2013

244.330. Repealed, 2013 Catchline at repeal: One bar allowed for each license -- Service bars. History: Repealed 2013 Ky. Acts ch. 121, sec. 105, effective June 25, 2013. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-188.

KRS 244.340 Repealed, 2017

244.340. Repealed, 2017 Catchline at repeal: Containers that package retailer may purchase, keep, or sell in. History: Repealed 2017 Ky. Acts ch. 62, sec. 119, effective June 29, 2017. -- Amended 1992 Ky. Acts ch. 228, sec. 2, effective July 14, 1992. -- Amended 1978 Ky. Acts ch. 194, sec. 25, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-184.

KRS 244.350 Repealed, 2017

244.350. Repealed, 2017 Catchline at repeal: Package retailer not to deliver nor advertise delivery. History: Repealed 2017 Ky. Acts ch. 62, sec. 119, effective June 29, 2017. -- Amended 2000 Ky. Acts ch. 435, sec. 16, effective July 14, 2000. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-186.

KRS 244.360 Repealed, 2017

244.360. Repealed, 2017 Catchline at repeal: Alcoholic beverage retailer to have name and license number on window. History: Repealed 2017 Ky. Acts ch. 62, sec. 119, effective June 29, 2017. -- Amended 1998 Ky. Acts ch. 522, sec. 23, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-185.

KRS 244.370 Whiskey to be aged -- Exception if not labeled as Kentucky whiskey

244.370. Whiskey to be aged -- Exception if not labeled as Kentucky whiskey No whiskey produced from grains which are cooked, fermented, and distilled in Kentucky, except whiskey the barrel containing which is branded "Corn Whiskey" under the internal revenue laws, shall be bottled in Kentucky or removed from this state unless such whiskey has been aged in oak barrels for a period of not less than one (1) full year; provided, however, that whiskey aged less than one (1) year may be removed from the state and bottled, or bottled in Kentucky, if the word "Kentucky" or any word or phrase implying Kentucky origin does not appear on the front label or elsewhere on the retail container or package except in the name and address of the distiller as required by federal regulation. For violations of this section, the department shall revoke the permit of the licensee from whose warehouse or premises such whiskey shall have been removed or in which such whiskey shall have been bottled. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 59, sec. 5, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 595, effective July 15, 2010. -- Amended 1970 Ky. Acts ch. 11, sec. 1. -- Amended 1942 Ky. Acts ch. 183, secs. 1 and 2. -- Amended 1942 Ky. Acts ch. 183, secs. 1 and 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-169.

KRS 244.380 Repealed, 1998

244.380. Repealed, 1998 Catchline at repeal: Provisions contracts of sale to contain (fair trade contracts). History: Repealed 1998 Ky. Acts ch. 121, sec. 39, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2554e-2, 2554e-12, 4748i-1, 4748i-3.

KRS 244.390 Repealed, 1998

244.390. Repealed, 1998 Catchline at repeal: Minimum resale prices. History: Repealed 1998 Ky. Acts ch. 121, sec. 39, effective July 15, 1998. -- Amended 1942 Ky. Acts ch. 175, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554e-2.

KRS 244.400 Repealed, 1998

244.400. Repealed, 1998 Catchline at repeal: Contracts of producers and processors -- Filing -- Contents. History: Repealed 1998 Ky. Acts ch. 121, sec. 39, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554e-3.

KRS 244.410 Repealed, 1998

244.410. Repealed, 1998 Catchline at repeal: Contracts of wholesalers -- Filing -- Contents. History: Repealed 1998 Ky. Acts ch. 121, sec. 39, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554e-4.

KRS 244.420 Repealed, 1998

244.420. Repealed, 1998 Catchline at repeal: Nonresident producers and importers to sell under fair trade contract. History: Repealed 1998 Ky. Acts ch. 121, sec. 39, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554e-5.

KRS 244.430 Repealed, 1998

244.430. Repealed, 1998 Catchline at repeal: Amendments to fair trade contracts may be filed. History: Repealed 1998 Ky. Acts ch. 121, sec. 39, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554e-6.

KRS 244.440 Registration of wholesalers authorized to handle particular brands and product names

244.440. Registration of wholesalers authorized to handle particular brands and product names (1) Every resident and nonresident distiller, rectifier, or winery and nonresident wholesaler who owns, is the primary source of supply, or has an exclusive interest in any particular brands, which are intended for sale or sold in this state, shall be licensed in this state and shall register on a form to be provided by the department, the names of the wholesalers in this state to whom distributing rights have been granted for one or more or all of the brands and product names of distilled spirits or wine offered for sale or sold in this state. (2) No distiller, rectifier, or winery shall offer to sell or sell, and no wholesaler shall offer to purchase or purchase, any brands and product names that have not been registered as provided by this section. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 107, effective June 29, 2017. -- Amended 2013 Ky. Acts ch. 121, sec. 94, effective June 25, 2013. -- Amended 2010 Ky. Acts ch. 24, sec. 596, effective July 15, 2010. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2554e-8, 2554e-9.

KRS 244.450 Wholesaler not to act until receipt of license and distribution rights and after filing brand registration form with department

244.450. Wholesaler not to act until receipt of license and distribution rights and after filing brand registration form with department (1) No licensed wholesaler shall import, buy, offer for sale, or sell any brands offered for sale or sold by any out-of-state distiller, rectifier, winery, supplier, or wholesaler without: (a) Having previously been granted distributing rights by a licensed out-of-state distiller, rectifier, winery, supplier, or wholesaler; and (b) Having previously filed with the department a brand registration form signed by the licensed out-of-state distiller, rectifier, winery, supplier, or wholesaler. (2) No wholesaler shall file or register a brand belonging to an out-of-state distiller, rectifier, winery, supplier, or wholesaler until the out-of-state distiller, rectifier, winery, supplier, or wholesaler becomes licensed and has granted distributing rights to the wholesaler. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 121, sec. 95, effective June 25, 2013. -- Amended 2010 Ky. Acts ch. 24, sec. 597, effective July 15, 2010. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554e-9.

KRS 244.460 Repealed, 1998

244.460. Repealed, 1998 Catchline at repeal: Close-out sales -- Requirements of. History: Repealed 1998 Ky. Acts ch. 121, sec. 39, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554e-7.

KRS 244.461 Use of rebate coupons -- Redemption -- Retailers' loyalty cards

244.461. Use of rebate coupons -- Redemption -- Retailers' loyalty cards (1) Manufacturers and importers of malt beverages, distilled spirits, and wine may advertise and promote, by specific brand and bottle size, malt beverages, distilled spirits, and wine for off-premises consumption by use of rebate coupons. (2) Except as provided in subsection (3) of this section, rebate coupons are redeemable by the consumer at the point of purchase, or by mail-in certificate by which the consumer receives a cash refund or nonalcoholic beverage merchandise from the manufacturer, importer, or clearinghouse acting for the manufacturer or importer, upon submission by the consumer of the required proof of purchase. (3) Rebate coupons on malt beverages that are redeemable by the consumer at the point of purchase are prohibited. Manufacturers and importers of malt beverages may provide rebate coupons that are redeemable by mail-in certificate by which the consumer receives a cash refund or nonalcoholic beverage merchandise from the manufacturer, importer, or clearinghouse acting for the manufacturer or importer, upon submission by the consumer of the required proof of purchase. Redemption of permitted rebate coupons on malt beverages shall be funded solely by manufacturers and importers of malt beverages. (4) Unless prohibited by KRS 244.050, loyalty cards issued by retailers that reward customers with product discounts for buying goods or services shall not be prohibited by this section. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 102, sec. 13, effective July 15, 2020. -- Amended 2017 Ky. Acts ch. 62, sec. 108, effective June 29, 2017. -- Created 2000 Ky. Acts ch. 289, sec. 1, effective July 14, 2000.

KRS 244.470 Repealed, 1998

244.470. Repealed, 1998 Catchline at repeal: Violators guilty of unfair competition. History: Repealed 1998 Ky. Acts ch. 121, sec. 39, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2554e-10, 4748i-2.

KRS 244.480 Sales of malt beverages when polls are open permitted in wet or moist territory -- Power of local governments to regulate -- Sunday sales

244.480. Sales of malt beverages when polls are open permitted in wet or moist territory -- Power of local governments to regulate -- Sunday sales (1) Except as permitted by subsection (4) of this section, no brewer or distributor shall deliver any malt beverages on Sunday or between the hours of midnight and 6 a.m. on any other day. (2) Except as permitted by subsection (4) of this section, a licensee authorized to sell malt beverages at retail shall not sell, give away, or deliver any malt beverag es between midnight and 6 a.m. or at any time during the twenty -four (24) hours of a Sunday. (3) (a) A licensee authorized to sell malt beverages at retail may sell malt beverages during the hours the polls are open on a primary, or regular, local option, or special election day unless the licensee is located where the legislative body of an urban-county government, consolidated local government, charter county government, unified local government, city, or county, in which traffic in malt beverages is permitted by KRS Chapter 242 has adopted an ordinance after June 25, 2013, that prohibits the sale of alcoholic beverages or limits the hours and times in which alcoholic beverages may be sold within its jurisdictional boundaries on any primary, or regular, lo cal option, or special election day. (b) This subsection shall only apply in a wet or moist territory. (c) Notwithstanding any other provisions of the Kentucky Revised Statutes to the contrary, the fiscal court of a county shall not by ordinance or any oth er means: 1. Supersede, reverse, or modify any decision made pursuant to this subsection by the legislative body of a city within that county; or 2. Impose an action upon a city within that county when that city has taken no formal action pursuant to this subsection. (4) (a) A licensee may sell or deliver malt beverages on Sunday and during the times and hours as permitted by a local ordinance of the legislative body of an urban-county government, consolidated local government, charter county government, unified local government, city, or county with local jurisdiction. The ordinance shall not prohibit the sale, gift, or delivery of any malt beverages between 6 a.m. and midnight during any day, except Sunday. (b) A licensee authorized to sell malt beverages by the drink at reta il may sell malt beverages by the drink on Sunday and during the times and hours as permitted by a local ordinance of the legislative body of an urban -county government, consolidated local government, charter county government, unified local government, ci ty, or county with local jurisdiction. The ordinance shall not prohibit the sale or gift of any malt beverages by the drink between 6 a.m. and midnight during any day, except Sunday. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 143, sec. 6, effective June 27, 2025. -- Amended 2017 Ky. Acts ch. 62, sec. 109, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 80, sec. 18, effective July 15, 2016. -- Amended 2014 Ky. Acts ch. 22, sec. 24, effective July 15, 2014; and ch. 92, sec. 301, effective January 1, 2015. -- Amended 2013 Ky. Acts ch. 121, sec. 96, effective June 25, 2013. -- Amended 2007 Ky. Acts ch. 99, sec. 12, effective June 26, 2007. -- Amended 1998 Ky. Acts ch. 522, sec. 24, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 252, sec. 3, effective July 15, 1994. -- Amended 1982 Ky. Acts ch. 411, sec. 3, effective July 15, 1982. -- Amended 1944 Ky. Acts ch. 154, sec. 28. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-207.

KRS 244.490 Sales to persons illegally selling malt beverages prohibited

244.490. Sales to persons illegally selling malt beverages prohibited No person shall sell any malt beverage to any person engaged in selling malt beverages in violation of the provisions of KRS Chapters 242, 243 and 244. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-211.

KRS 244.500 Malt beverage premium prohibition -- Exceptions

244.500. Malt beverage premium prohibition -- Exceptions (1) Except as permitted by subsection (2) of this section, a licensee shall not offer or give anything tangible of value as a premium, gift, or prize for: (a) The return of caps, stoppers, corks, stamps, wrappers, coupons, or labels taken from any bottle, case, barrel, or package containing malt beverages; or (b) Any purpose in connection with the sale of malt beverages. (2) The following activities shall be permitted: (a) The return of moneys specifically deposited for the return of the original containers to the owners; (b) A premium, gift, or prize by brewers, wholesalers, or distributors to wholesalers, distributors, or their employees in connection with sales incentive programs; (c) Brewer-sponsored national sweepstakes in which major prizes, not including brand-related novelty items, are given to consumers based on certificates found in malt beverage packages or on point of sale materials. Malt beverage distributors, retail licensees, and their employees shall not be eligible to redeem the certificates or participate in the national sweepstakes; (d) The sale of malt beverages packaged in or securely bundled with brand-related novelty items if the price charged for the packaged or bundled malt beverages specifically includes the cost of the brand-related novelty item; and (e) Loyalty cards issued by retailers that reward customers with points or discounts for buying goods or services. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 102, sec. 14, effective July 15, 2020. -- Amended 2017 Ky. Acts ch. 62, sec. 110, effective June 29, 2017. -- Amended 2007 Ky. Acts ch. 99, sec. 7, effective June 26, 2007. -- Amended 1990 Ky. Acts ch. 359, sec. 1, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 104, sec. 1, effective July 15, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-206.

KRS 244.510 Adoption of labeling and advertising regulations of Bureau of Internal Revenue

244.510. Adoption of labeling and advertising regulations of Bureau of Internal Revenue (1) The department may in its discretion adopt any regulations of the Bureau of Internal Revenue in the United States Department of the Treasury relating to labeling and advertising of malt beverages. (2) The adoption of regulations of the Bureau of Internal Revenue in the United States Department of the Treasury shall not become effective as to any brewer or distributor having labels on hand that would be outlawed by adoption of the regulation until a period of ninety (90) days from the date of adoption. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 598, effective July 15, 2010. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-215.

KRS 244.520 Repealed, 1998

244.520. Repealed, 1998 Catchline at repeal: Advertisement or label not to refer to alcoholic content. History: Repealed 1998 Ky. Acts ch. 121, sec. 39, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-210.

KRS 244.530 Repealed, 1984

244.530. Repealed, 1984 Catchline at repeal: Signs on premises. History: Repealed 1984 Ky. Acts ch. 58, sec. 1, effective July 13, 1984. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b- 209.

KRS 244.540 Advertising malt beverages near school or church prohibited

244.540. Advertising malt beverages near school or church prohibited (1) No licensee shall advertise any malt beverage by trade name, trade-mark or in any other manner within one hundred (100) feet of the property line of any school or church. The distance shall be by straight line. (2) Subsection (1) shall not apply to advertisements placed on the establishment of brewers or distributors in operation prior to March 7, 1938, nor to signs in position on March 7, 1938, nor to signs located in urban-county governments, cities of the first class, or cities containing a population equal to or greater than twenty thousand (20,000) based upon the most recent federal decennial census. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 302, effective January 1, 2015. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-208.

KRS 244.550 Adulteration of malt beverages prohibited

244.550. Adulteration of malt beverages prohibited No person shall fortify, adulterate, contaminate or in any manner change the character or purity of the malt beverages from that as originally marketed by the brewer or sell, deliver or transport malt beverages except in the original containers. History: Amended 1974 Ky. Acts ch. 308, sec. 45. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-216.

KRS 244.560 Brewer or distributor to make accurate invoice -- Refund, rebate or discount prohibited

244.560. Brewer or distributor to make accurate invoice -- Refund, rebate or discount prohibited (1) No brewer or distributor, his agents or employees, shall make any sale or delivery of any malt beverage without a written invoice made concurrently with the sale or delivery, showing prices and conditions upon which the sale or delivery is made; make any invoice which falsely indicates prices and terms of any sale; insert in any invoice any statements which make the invoice a false record, wholly or in part, of the transaction involved or represented on the face of the invoice; or withhold from any invoice any statement which properly should be included in it so that in the absence of such a statement the invoice does not truly reflect the transaction involved. (2) No brewer or distributor shall make, directly or indirectly, through any agent or employee, and no retailer shall receive any payment of any allowance, rebate, refund, concession or discount, whether in the form of money or otherwise, that does not conform with the prices and conditions of sale shown on the invoice. History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-218.

KRS 244.570 Brewer or distributor not to be financially interested in retail premises

244.570. Brewer or distributor not to be financially interested in retail premises (1) No brewer or distributor shall be interested in any manner, either directly or indirectly, in the ownership or leasehold of any property or in any mortgage against the property for which a retail license is issued, nor shall a brewer or distributor either directly or indirectly lend any moneys, credit or the equivalent thereto to any retailer in equipping, fitting out or maintaining and conducting either in whole or in part a malt beverage retail establishment or business. (2) Subsection (1) shall not apply to the interest of a brewer or distributor in any mortgage or other lien taken by him to secure the payment in whole or part of any indebtedness due him by any other licensee and incurred prior to March 7, 1938. It shall not prohibit a distributor from owning stock in a brewery. History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-217.

KRS 244.580 Exclusive outlets prohibited

244.580. Exclusive outlets prohibited No brewer, distributor or transporter of malt beverages shall require by agreement or otherwise, directly or indirectly or through an affiliate or subsidiary, that any retailer engaged in the sale of malt beverages, purchase malt beverages from him to the exclusion in whole or in part of malt beverages sold or offered for sale by other persons. History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-212.

KRS 244.585 Distributor of malt beverages not to sell outside his designated territory -- Contract between distributor and supplier

244.585. Distributor of malt beverages not to sell outside his designated territory -- Contract between distributor and supplier (1) It shall be unlawful for any distributor to sell any brand or product name of malt beverage in the Commonwealth of Kentucky, except in the territory described in a written agreement between the supplier or brewer and distributor, authorizing sale by the distributor of that brand and product name within a designated area, and within that designated area the distributor shall not refuse to sell or offer reasonable service to licensed retailers during the normal business hours of the distributor. Where a supplier or brewer sells several brands and named products, the agreement need not apply to all brands and named products sold by the supplier or brewer and may apply to only one (1) brand and product name. No supplier or brewer shall provide by the written agreement for the distribution of a brand or named product of malt beverages to more than one (1) distributor for all or any part of the designated territory. Upon request, all territorial agreements shall be filed with the department. (2) Each distributor shall comply with current, written quality control standards as determined by the owner of the trademark of the brand of malt beverage, provided those controls are: (a) Normal industry practice; (b) Reasonably related to the maintenance of quality control; (c) Consistent with the provisions of this chapter and all administrative regulations promulgated under this chapter; and (d) Communicated to the distributor through written notice of them from the owner. (3) A distributor may sell to only those licensed retailers, religious, charitable, or fraternal organizations located within its designated geographical territory as provided in this section and to the distributor's employees and to other distributors of the same brand. No brand or product name of malt beverage may be sold in the Commonwealth of Kentucky without prior written approval of the brewer and supplier filed with the department. (4) A territorial designation in any agreement between a distributor and brewer or supplier pursuant to this section shall be modified only in accordance with all the rights and duties of the distributor and brewer or supplier contained in any written agreement between them or by any other action of the brewer, supplier, or distributor that is consistent with the terms of their agreement, and this modification shall be filed pursuant to the provisions of this section. The board shall require each party to verify that the level of service within the designated territory will not be adversely affected by the modification. When a distributor is prevented from selling or servicing retailers within its territory due to natural disasters, labor disputes, or other causes beyond the distributor's control, the distributor may allow another distributor of the same brand or named product of malt beverages to sell and service that brand within its territory upon approval of the brewer or supplier. (5) No provisions of any agreement shall expressly or impliedly establish or maintain the resale price of any brand or product name of malt beverage by the distributor. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 111, effective June 29, 2017. -- Amended 2014 Ky. Acts ch. 22, sec. 25, effective July 15, 2014. -- Amended 2010 Ky. Acts ch. 24, sec. 599, effective July 15, 2010. -- Amended 1982 Ky. Acts ch. 117, sec. 1, effective July 15, 1982.

KRS 244.590 Brewer or distributor prohibited from offering certain inducements to retailers -- Brewer or distributor may furnish advertising matter or cleaning service to retailer -- Retailer not to demand violation of this section -- Sampling events not a violation of this section

244.590. Brewer or distributor prohibited from offering certain inducements to retailers -- Brewer or distributor may furnish advertising matter or cleaning service to retailer -- Retailer not to demand violation of this section -- Sampling events not a violation of this section (1) No brewer or distributor shall induce through any of the following means any retailer selling malt beverages by the package or drink to purchase any malt beverages from that brewer or distributor to the exclusion in whole or in part of malt beverages sold or offered for sale by other persons: (a) By acquiring or holding, after the expiration of any existing license, any interest in any license with respect to the premises of the retailer; (b) By acquiring any interest in real or personal property owned, occupied, or used by the retailer in the conduct of the retailer's business; (c) By furnishing, giving, renting, lending, or selling to the retailer, any equipment, fixtures, signs, supplies, money, services, or other things of value, except as the malt beverages administrator, having regard for the public health, the quantity and value of the articles involved, the prevention of monopoly, and the practice of deception, may permit through the promulgation of an administrative regulation; (d) By paying or crediting the retailer for any advertising, display, or distribution service subject to the exceptions that the board may permit through the promulgation of an administrative regulation; (e) By guaranteeing any loan or the repayment of any financial obligation of the retailer; or (f) By requiring the retailer to take and dispose of a certain quota of any malt beverages. (2) Notwithstanding any provisions in KRS Chapters 241 to 244 and this section, a brewer or distributor may: (a) Give, rent, loan, or sell to any retailer selling malt beverages by the package or drink signs, posters, placards, designs, devices, decorations, or graphic displays bearing advertising matter and for use in windows or elsewhere in the interior of a retail malt beverage establishment; and (b) Provide or furnish draught-line cleaning or coil-cleaning service to a nonquota retail malt beverage package licensee either directly or indirectly with the consent of the distributor. (3) A retailer shall not require or demand that a brewer or distributor violate this section. (4) Sampling events conducted under KRS 243.0307(2)(d) shall not be a violation of this section. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 102, sec. 15, effective July 15, 2020. -- Amended 2017 Ky. Acts ch. 62, sec. 112, effective January 1, 2018. -- Amended 2016 Ky. Acts ch. 80, sec. 25, effective July 15, 2016. -- Amended 2013 Ky. Acts ch. 121, sec. 97, effective June 25, 2013. -- Amended 2004 Ky. Acts ch. 120, sec. 4, effective July 13, 2004. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-213. 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 244.600 Commercial bribery and other inducements unlawful

244.600. Commercial bribery and other inducements unlawful No brewer shall induce through any of the following means, any retailer selling malt beverages by the package or drink to purchase any malt beverage products from him or her to the exclusion in whole or in part of malt beverages sold or offered for sale by other persons, if the brewer engages in the practice of using such means, or any of them, to such an extent as substantially to restrain or prevent transactions in malt beverages: (1) By commercial bribery; (2) By offering or giving any bonus, premium, or compensation to any officer, employee, or representative of the retailer; or (3) By making or allowing any rebates or refunds to any officer, employee, or representative of the retailer. (4) Sampling events conducted under KRS 243.0307(2)(d) shall not be a violation of this section. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 102, sec. 16, effective July 15, 2020. -- Amended 2013 Ky. Acts ch. 121, sec. 98, effective June 25, 2013. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-214.

KRS 244.602 Legislative Findings for KRS 244.602 to 244.606

244.602. Legislative Findings for KRS 244.602 to 244.606 The General Assembly finds that KRS 244.602 to 244.606 are necessary in order to: (1) Provide an orderly three (3) tier system for the distribution and sale of quality malt beverages in the Commonwealth of Kentucky; (2) Promote the public health, safety, and welfare of the people of the Commonwealth of Kentucky; and (3) Provide a distribution system of malt beverages that will facilitate the collection and accountability of state and local taxes. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 120, sec. 1, effective July 13, 2004.

KRS 244.604 Definitions for KRS 244.602 to 244.606

244.604. Definitions for KRS 244.602 to 244.606 As used in KRS 244.602 to 244.606, unless the context requires otherwise: (1) "Distributor" means any person who distributes or sells at wholesale malt beverages for the purpose of being sold at retail. (2) "Existing distributor" means a distributor who distributes a particular brand or brands of malt beverage at the time a successor brewer or importer acquires rights to manufacture or import the particular brand or brands of malt beverage. (3) "Good cause" means failure by a distributor to comply with the provisions of an agreement as delineated therein, which provisions are not unconscionable. Good cause shall not include: (a) The failure or refusal of the distributor to engage in any trade practice or activity which would violate federal or state law; (b) The failure or refusal of the distributor to take any action which would be contrary to these provisions; (c) The sale or purchase of a brewer or importer, except as provided under KRS 244.606(2); and (d) The implementation by a brewer or importer of a national or regional policy of consolidation unless the policy: 1. Is reasonable, nondiscriminatory, and essential; 2. Results in a contemporaneous reduction in the number of a brewer's or importer's distributors not only for a brand in this state, but also for that brand in contiguous states or in a majority of the state in which the brewer or importer sells that brand; and 3. Was previously disclosed in writing and in reasonable detail by the brewer or importer implementing the policy to all affected distributors at least one hundred eighty (180) days prior to the implementation of the policy. The term "affected distributor" means distributors who may reasonably be expected to experience a loss or diminishment of a right to distribute a brand, in whole or in part as a consequence of a proposed consolidation policy. (4) "Good faith" means honesty in fact and the observance of reasonable commercial standard of fair dealing in the trade, as defined under KRS Chapter 355. (5) "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, exceeding five-tenths of one percent (0.5%) alcohol by volume. (6) "Successor" means a brewer or importer that acquires the right to manufacture or import a particular brand or brands of malt beverage. (7) "Successor's designee" means one (1) or more distributors designated by a successor to replace the existing distributor, for all or part of the existing distributor's territory, in the distribution of a particular brand or brands of malt beverage. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 142, sec. 3, effective June 20, 2005. -- Created 2004 Ky. Acts ch. 120, sec. 2, effective July 13, 2004.

KRS 244.605 Prohibition against requiring, requesting, or accepting payment of money for right to distribute brewer's or importer's malt beverages -- Exception for marketing costs

244.605. Prohibition against requiring, requesting, or accepting payment of money for right to distribute brewer's or importer's malt beverages -- Exception for marketing costs (1) No brewer or importer of malt beverages shall: (a) Require or request a distributor to pay or convey to the brewer or importer; nor (b) Accept any sum of money; in exchange for the right to distribute the product or products of the brewer or importer in a designated territory. (2) Nothing in this section shall prohibit a brewer or importer of malt beverages from requesting a distributor to pay or contribute any sum of money for or toward the cost of marketing the product or products of the brewer or importer so long as the money contributed by the distributor is spent by the brewer or importer in a manner and at such times as agreed to in writing by the brewer or importer and the distributor. Effective: July 15, 2014 History: Created 2014 Ky. Acts ch. 115, sec. 5, effective July 15, 2014.

KRS 244.606 Contents of agreement among brewer, importer, and distributor -- Conditions for transfer of brands from brewer or importer -- Conditions for termination -- Duties -- Damages

244.606. Contents of agreement among brewer, importer, and distributor -- Conditions for transfer of brands from brewer or importer -- Conditions for termination -- Duties -- Damages (1) Every brewer and importer of malt beverages shall contract and agree in writing with each of its distributors to provide and specify the rights and duties of the brewer, the importer, and the distributor with and in regard to the sale of the products of the brewer or the importer within the Commonwealth of Kentucky. The terms and provisions of the contracts shall comply with and conform to KRS 244.602 to 244.606 and to all other applicable statutes. (2) If a particular brand or brands of malt beverage are transferred by purchase or otherwise from a brewer or importer, the successor brewer or importer, and the successor brewer's or importer's designee, shall comply with the following: (a) The successor brewer or importer shall notify the existing distributor of the successor's intent not to appoint the existing distributor for all or a part of the existing distributor's territory for the product. The successor shall mail the notice of termination by certified mail, return receipt requested, to the existing distributor. The successor shall include in the notice the names, addresses, and telephone numbers of the successor's designees; (b) A successor's designee shall negotiate with the existing distributor to determine the fair market value of the existing distributor's right to distribute the product in the existing distributor's territory immediately before the successor acquired rights to the particular brand or brands of malt beverage. For the purposes of this paragraph, fair market value shall be the value that would be determined in an arm's length transaction entered into without duress or threat of termination of the existing distributor's right and shall include all elements of value, including goodwill and going-concern value; (c) The existing distributor shall continue to distribute the product until payment of the compensation agreed to under paragraph (b) of this subsection or awarded under paragraph (d) of this subsection is received; (d) The successor's designee and the existing distributor shall negotiate in good faith. If the parties fail to reach an agreement not later than thirty (30) days after the existing distributor receives the notice under paragraph (a) of this subsection, the successor's designee or the existing distributor may send a written notice to the other party and the American Arbitration Association, or its successor in interest, declaring the party's intention to proceed with final and binding arbitration administered by the American Arbitration Association under the American Arbitration Association's Commercial Arbitration Rules. Thereafter, an arbitration shall be held for the purpose of determining the fair market value of the existing distributor's right to distribute the product in the existing distributor's territory immediately before the successor acquired rights to the particular brand or brands of malt beverage. For the purpose of this paragraph, fair market value shall be the value that would be determined in an arm's length transaction entered into without duress or threat of termination of the existing distributor's right and shall include all elements of value, including goodwill and going-concern value; (e) Notice of intent to arbitrate shall be sent, as provided in paragraph (d) of this subsection, not later than thirty-five (35) days after the existing distributor receives notice under paragraph (a) of this subsection. The arbitration proceeding shall conclude not later than forty-five (45) days after the date the notice of intent to arbitrate is mailed to a party; (f) Any arbitration held pursuant to this subsection shall be conducted in the city within Kentucky that: 1. Is closest to the existing distributor; and 2. Has a population of more than twenty thousand (20,000); (g) Any arbitration held pursuant to this subsection shall be conducted before one (1) impartial arbitrator to be selected by the American Arbitration Association. The arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association; (h) An arbitrator's award in any arbitration held pursuant to this subsection shall be monetary only and shall not enjoin or compel conduct. Any arbitration held pursuant to this subsection shall be instead of all other remedies and procedures; (i) The cost of the arbitrator and any other direct costs of any arbitration held pursuant to this subsection shall be equally divided by the parties engaged in the arbitration. All other costs shall be paid by the party incurring them; (j) The arbitrator in any arbitration held pursuant to this subsection shall render a decision not later than thirty (30) days after the conclusion of the arbitration, unless this time period is extended by mutual agreement of the parties or by the arbitrator. The decision of the arbitration is final and binding on the parties. Under no circumstances may the parties appeal the decision of the arbitrator; (k) A party who fails to participate in the arbitration hearings in any arbitration held pursuant to this subsection waives all rights the party would have had in the arbitration and is considered to have consented to the determination of the arbitrator; (l) If the existing distributor does not receive payment from the successor's designee of the compensation under paragraph (b) or (d) of this subsection not later than thirty (30) days after the date of the settlement or arbitration award: 1. The existing distributor shall remain the distributor of the product in the existing distributor's territory to at least the same extent that the existing distributor distributed the product immediately before the successor's designee acquired rights to the product; and 2. The existing distributor is not entitled to the settlement or arbitration award; (m) Nothing in this section shall be construed to limit or prohibit good-faith settlements voluntarily entered into by the parties; and (n) Nothing in this section shall be construed to give the existing distributor or a successor's designee any right to compensation if the existing distributor or successor's designee is terminated by a brewer or importer pursuant to subsection (4) of this section. (3) The terms or provisions of any contract or agreement among any brewers, importers, or distributors, including contracts or agreements entered into after July 13, 2004, and any renewals or extensions of contracts existing prior to July 13, 2004, shall not permit a brewer or importer of malt beverages to, nor may any brewer or importer: (a) Terminate, refuse to renew, or refuse to enter into an agreement, in part or in whole, with a distributor, except for good cause and in good faith; (b) Terminate, refuse to renew, or refuse to enter into an agreement, in part or in whole, with a distributor without first giving the distributor written notice of any alleged deficiency on the part of the distributor and giving the distributor a reasonable opportunity of sixty (60) to one hundred twenty (120) days to cure the alleged deficiency; (c) Unreasonably withhold timely consent to a proposed sale or transfer, in part or whole, of the stock or assets of the distributor, and in no event shall the brewer take more than thirty (30) days to approve or disapprove the proposed sale or transfer after the brewer has received written notice of the proposal from the distributor and received all requested information from the distributor to enable the brewer to pass upon the proposed sale or transfer; (d) Assign an agreement, in part or in whole, with a distributor, except with consent from the distributor which shall not be unreasonably withheld. No consent is required where the distributor has proposed to transfer an ownership interest in its business and the brewer exercises its right to purchase this ownership interest in accordance with a written agreement between the brewer and distributor, subject to the brewer or its designee purchasing the ownership interest at the price and on the conditions applicable to the proposed change. (e) Enter into a contract with more than one (1) distributor to sell any of its products or brand within the same territory or area at the same time. This paragraph shall not apply to contracts entered into prior to January 1, 2004, or future renewals of such contracts, to the extent the existing contract and the future renewal allow different distributors to sell certain but not all of the brewer's or importer's brands or brand extensions within the same territory or area at the same time; (f) Unilaterally amend its agreement, or any document referred to or incorporated by reference in its agreement, with any distributor, except modifications contemplated by the brewer-distributor agreement which modifications occur after written notice to the distributor or amendments that occur by a brewer after having consulted with an advisory panel of distributors; (g) Terminate an agreement with a distributor because the distributor refuses or fails to accept an unreasonable amendment to the agreement proposed by the brewer or importer; (h) Require a distributor to arbitrate disputes which may arise between it and the brewer or the importer; (i) Preclude a distributor from litigating in state or federal courts located in Kentucky or from litigating under the laws of the Commonwealth; (j) Unreasonably discriminate or retaliate against its distributor in the application of the terms of a written agreement; (k) Unreasonably fail to consent to the distributor's designation of an individual as the distributor's manager or successor-manager in accordance with nondiscriminatory and reasonable qualifications and standards; or (l) Withdraw approval of an individual as the distributor's manager or successor- manager without just cause. (4) Notwithstanding the provisions in subsection (3) of this section, a brewer or importer of malt beverages may terminate an agreement with a distributor if any of the following occur: (a) The assignment or attempted assignment by the distributor for the benefit of creditors, the institution of proceedings in bankruptcy by or against the distributor, the dissolution or liquidation of the distributor, the insolvency of the distributor or the distributor's failure to pay for malt beverages in accordance with the agreed terms; (b) Failure of any owner of the distributor to sell his or her ownership interest within one hundred twenty (120) days after the later of the owner having been convicted of a felony which, in the sole judgment of the brewer, may adversely affect the goodwill or interests of the distributor or the brewer, or the brewer learns of the conviction; (c) Fraudulent conduct of the distributor in any of its dealings with the brewer or the brewer's products; (d) Revocation or suspension for more than thirty-one (31) days of the distributor's federal basic permit or any state or local license required of the distributor for the normal operation of its business; (e) Sale of malt beverages by a distributor outside its sales territory prescribed by the brewer in accordance with KRS 244.585; or (f) Without brewer consent, the distributor engaging in changes in ownership or possession of ownership interests, the establishment of trusts or other ownership interest, entering into buy-sell agreements, or granting an option to purchase an ownership interest. (5) During the term of a contract or agreement between the brewer or importer and a distributor, including contracts or agreements in existence prior to July 13, 2004, the distributor shall, in accordance with the provisions of such contract or agreement, maintain physical facilities and personnel so that the product and brand of the brewer or importer are properly represented in the territory of the distributor, the reputation and trade name of the brewer or importer are reasonably protected, and the public is serviced. The brewer, importer, and distributor shall act in good faith at all times during the term of the contract or agreement. (6) Any brewer, importer, or distributor who violates any provision of this section shall pay the injured brewer, importer, or distributor all reasonable damages sustained by it as a result of the brewer's, importer's, or distributor's violations, together with the costs and attorney's fees incurred by the brewer, importer, or distributor in protecting its right. If a brewer or importer violates subsection (3)(a), (b), or (g) of this section, the injured distributor's reasonable damages shall be the fair market value of the distributor's business. In determining the fair market value of the distributor's business, proper and full consideration shall be given to all elements of value, including goodwill and going-concern value. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 142, sec. 4, effective June 20, 2005. -- Created 2004 Ky. Acts ch. 120, sec. 3, effective July 13, 2004.

KRS 244.608 Distribution agreements after June 29, 2021 -- Nonapplicability of KRS 244.602 to 244.606 -- Requirements for distribution agreements between microbrewer and distributor

244.608. Distribution agreements after June 29, 2021 -- Nonapplicability of KRS 244.602 to 244.606 -- Requirements for distribution agreements between microbrewer and distributor (1) As of June 29, 2021, KRS 244.602 to 244.606 shall not apply to any new distribution agreement, or the renewal of an existing distribution agreement, between a distributor of malt beverages and a microbrewery. Any existing distribution agreement between a distributor of malt beverages and a microbrewery shall be deemed to renew upon the earlier of January 1, 2022, or the renewal date set forth in that agreement. (2) Every distribution agreement providing for and specifying the rights and duties of a microbrewer and distributor with and in regard to the sale of the products of the microbrewer within the Commonwealth of Kentucky shall be in writing. The terms and provisions of the agreement shall comply with and conform to this section. (3) A distribution agreement between a microbrewer and a distributor shall not: (a) Require the microbrewer or distributor to agree to renew the distribution agreement at the expiration of a term; (b) Except as set forth in subsection (4) or (9) of this section, permit a microbrewer or distributor to terminate a distribution agreement without first giving written notice of any alleged deficiency and giving the other party a reasonable opportunity to cure the alleged deficiency. For purposes of this paragraph, a reasonable opportunity to cure shall be sixty (60) days from the date a notice of an alleged deficiency is received; (c) Permit the assignment of the distribution agreement, in part or in whole, without first obtaining the consent of the other party, which shall not be unreasonably withheld provided the assignee possesses the financial, technical, and operational skills necessary to perform under the distribution agreement; (d) Permit the microbrewer or distributor to unilaterally amend a distribution agreement, or any document referred to or incorporated by reference in the distribution agreement; (e) Require a microbrewer or distributor to mediate or arbitrate disputes which may arise between them, though nothing shall prohibit the parties from resolving the dispute by retaining an independent mediator or arbitrator while equally sharing the cost; or (f) Prohibit a microbrewer or distributor from litigating in state or federal courts located in Kentucky or from litigating under the laws of the Commonwealth. (4) A microbrewer may terminate a distribution agreement according to the terms of the agreement or in any of the following instances: (a) The assignment or attempted assignment by the distributor for the benefit of creditors, the institution of proceedings in bankruptcy by or against the distributor, the dissolution or liquidation of the distributor, the insolvency of the distributor, or the distributor's failure to pay for malt beverages in accordance with law; (b) The felony conviction of a distributor, or any of its owners who participate in the distributor’s management which, in the sole judgment of the microbrewer, may adversely affect the goodwill or interests of the microbrewer; (c) Fraudulent or discriminatory conduct of the distributor in any of its dealings with a microbrewery or a microbrewer's products; (d) Revocation or suspension for more than thirty-one (31) days of the distributor's federal basic permit or any state or local license required of the distributor for the normal operation of its business; (e) Sale of malt beverages by a distributor outside its sales territory prescribed by the distribution agreement in accordance with KRS 244.585; (f) Without microbrewer consent, the distributor effectuates a change in ownership or possession of ownership interests, establishes a trust or other ownership interest, enters into buy-sell agreements, or grants an option to purchase an ownership interest; provided, however, this right of termination shall not apply to the transfer, creation, sale, gift, or grant of an ownership interest, or option thereon, of a total aggregate of less than ten percent (10%) of the total existing ownership or possession of ownership interest of the distributor or intrafamily transfer; or (g) In the case of a microbrewer whose products represent five percent (5%) or less of a distributor’s gross annual sales, the giving of a forty-five (45) day notice of termination and the payment to the distributor of reasonable compensation, which shall be equivalent to the fair market value of the distributor's total investment in the microbrewer's products being terminated. For purposes of this subsection, fair market value shall be calculated based on a multiple of the distributor's gross profits from the sale of the microbrewer's products in the twelve (12) months immediately prior to the date of the microbrewer's written notice of intent to terminate. The fair market valuation shall be based on an arm's length transaction entered into without duress or threat of termination, and shall include all elements of value, including goodwill and going-concern value. If the parties are unable to agree on the fair market valuation, the dispute shall be resolved as provided in KRS 244.609. A microbrewer terminating an agreement under this paragraph may do so not more than once in a thirty-six (36) month period and shall not be deemed to be in violation of subsection (5)(b) of this section. (5) A microbrewer or a distributor of malt beverages shall not: (a) Unreasonably discriminate or retaliate against the other party in the application or performance of the terms of a distribution agreement; (b) Require or request payment, convey money or other consideration, or accept any sum of money or other consideration in exchange for the right to distribute the product or products of the microbrewer in a designated territory, provided that the following items shall not be prohibited: 1. A microbrewer's request to a distributor to pay or contribute any sum of money for or toward the cost of marketing the product or products of the microbrewer so long as the money contributed by the distributor is spent by the microbrewer in a manner and at such times as agreed to in writing by the microbrewer and the distributor; and 2. Any payment pursuant to subsection (4)(g) of this section; (c) Unreasonably withhold timely consent to a proposed sale or transfer, in part or whole, of the stock or assets of the microbrewer or distributor, and in no event shall the microbrewer or distributor take more than thirty (30) days to approve or disapprove the proposed sale or transfer after the microbrewer or distributor has received written notice of the proposal and received all requested information to enable the microbrewer or distributor to pass upon the purchaser’s or transferee’s financial, technical, and operational skills necessary to perform under the distribution agreement; or (d) Fail to give at least thirty (30) days’ advance notice of a change in ownership or possession of an ownership interest, whether by sale, transfer, gift, or grant of an option. (6) A distributor of malt beverages shall not: (a) Refuse to enter into a distribution agreement with a microbrewery, in whole or in part, except for good cause and in good faith; or (b) Continue to distribute the microbrewer’s products thirty (30) days after receiving a notice of termination of a distribution agreement. However, any sums owed to the distributor by the microbrewer or another distributor assuming the obligation to distribute the microbrewer’s product within the territory encompassed by the terminated distribution agreement shall still be owed. (7) A microbrewer shall not enter into a contract with more than one (1) distributor to sell any of its products or brands within the same territory or area at the same time. This subsection shall not apply to contracts entered into prior to January 1, 2004, or future renewals of those contracts to the extent the existing contract and the future renewal allow different distributors to sell some but not all of the brewer's or importer's brands or brand extensions within the same territory or area at the same time. (8) A distributor that enters into or renews a distribution agreement with a microbrewer following June 29, 2021, shall maintain physical facilities and personnel so that: (a) The product and brand of the microbrewer are reasonably represented in the territory of the distributor for which the distribution agreement applies; (b) The reputation and trade name of the microbrewer are reasonably promoted and protected; and (c) The public is fully serviced. (9) A distributor may terminate a distribution agreement according to the terms of the agreement or in any of the following instances: (a) The assignment or attempted assignment by the microbrewer for the benefit of creditors, the institution of proceedings in bankruptcy by or against the microbrewer, the dissolution or liquidation of the microbrewer, or the insolvency of the microbrewer; (b) The felony conviction of a microbrewer, or any of its owners who participate in the microbrewer’s management which, in the sole judgment of the distributor, may adversely affect the goodwill or interests of the distributor; (c) Fraudulent or discriminatory conduct of the microbrewer in any of its dealings with a distributor or a distributor's brands; (d) Revocation or suspension for more than thirty-one (31) days of the microbrewer's federal basic permit or any state or local license required of the microbrewer for the normal operation of its business; (e) Without distributor consent, the microbrewer effectuates a change in ownership or possession of ownership interests, establishes a trust or other ownership interest, enters into buy-sell agreements, or grants an option to purchase an ownership interest; provided, however, this right of termination shall not apply to the transfer, creation, sale, gift, or grant of an ownership interest, or option thereon, of a total aggregate of less than ten percent (10%) of the total existing ownership or possession of ownership interest of the microbrewer or intrafamily transfer; or (f) In the case of a microbrewer whose products represent five percent (5%) or less of a distributor's gross annual sales, the giving of a forty-five (45) day notice of termination and payment to the microbrewer of reasonable compensation, which shall be determined to be a sum equal to five (5) times the monthly average of purchases from the microbrewer over the twelve (12) months prior to the termination. (10) In the event of a termination of a contract between a microbrewer and a distributor, the microbrewer shall repurchase all of its product still in the distributor's inventory upon return from the distributor, provided that the "best by", "expiration", or other similar printed date is greater than thirty (30) days after the date of the return of the product. (11) Any microbrewer or distributor that violates any provision of this section shall pay the injured party all reasonable damages sustained as a result of the microbrewer's or distributor's violations, together with the costs and attorneys’ fees incurred by the microbrewer or distributor in protecting its right. Effective: June 29, 2021 History: Created 2021 Ky. Acts ch. 34, sec. 2, effective June 29, 2021.

KRS 244.609 Resolution of disputes between microbrewer and distributor -- Arbitration

244.609. Resolution of disputes between microbrewer and distributor -- Arbitration In the event the microbrewer and distributor cannot agree on the fair market value as set forth in KRS 244.608(4)(g), then the parties shall arbitrate in accordance with the following: (1) If the parties fail to reach an agreement not later than thirty (30) days after the distributor receives the microbrewer's written notice to terminate, the distributor or microbrewer may send a written notice to the other party and the American Arbitration Association, or its successor in interest, declaring the party's intention to proceed with final and binding arbitration administered by the American Arbitration Association under the American Arbitration Association's Commercial Arbitration Rules. Thereafter, an arbitration shall be held for the purpose of determining the fair market value of the distributor's total investment in the microbrewer's products being terminated. For the purpose of this subsection, fair market value shall be the value that would be determined in an arm's length transaction entered into without duress or threat of termination of the existing distributor's right and shall include all elements of value, including goodwill and going-concern value. (2) Notice of intent to arbitrate shall be sent, as provided in subsection (1) of this section, not later than thirty-five (35) days after the distributor receives written notice to terminate. The arbitration proceeding shall conclude not later than forty- five (45) days after the date the notice of intent to arbitrate is mailed to a party. (3) Any arbitration held pursuant to this section shall be conducted in the city within Kentucky that: 1. Is closest to the distributor; and 2. Has a population of more than twenty thousand (20,000). (4) Any arbitration held pursuant to this section shall be conducted before one (1) impartial arbitrator to be selected by the American Arbitration Association. The arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association. (5) An arbitrator's award in any arbitration held pursuant to this section shall be monetary only and shall not enjoin or compel conduct. Any arbitration held pursuant to this section shall be instead of all other remedies and procedures. (6) The cost of the arbitrator and any other direct costs of any arbitration held pursuant to this section shall be equally divided by the parties engaged in the arbitration. All other costs shall be paid by the party incurring them. (7) The arbitrator in any arbitration held pursuant to this section shall render a decision not later than thirty (30) days after the conclusion of the arbitration, unless this time period is extended by mutual agreement of the parties or by the arbitrator. The decision of the arbitration is final and binding on the parties. Under no circumstances may the parties appeal the decision of the arbitrator. (8) A party who fails to participate in the arbitration hearings in any arbitration held pursuant to this section waives all rights the party would have had in the arbitration and is considered to have consented to the determination of the arbitrator. (9) Nothing in this section shall be construed to limit or prohibit good-faith settlements voluntarily entered into by the parties. Effective: June 29, 2021 History: Created 2021 Ky. Acts ch. 34, sec. 3, effective June 29, 2021.

KRS 244.650 Sale of confections or candies containing alcohol -- Sales to minors prohibited -- Labeling required

244.650. Sale of confections or candies containing alcohol -- Sales to minors prohibited -- Labeling required (1) Notwithstanding any other provision of the statutes, confections or candies having a liquid filling or liquid center and containing more than one-half percent (0.5%) but not more than five percent (5%) of alcohol by volume or weight may be sold at premises whether or not licensed under the provisions of KRS 243.030 and 243.040. (2) No confection or candy described in this section shall be sold, given or delivered to any person under twenty-one (21) years of age. Any violation of this section shall be considered an unlawful transaction with a minor in the third degree pursuant to KRS 530.070. (3) No confection or candy described in this section shall be sold or offered for sale in this state unless the product has a prominently displayed label containing the statement: "SALE OF THIS PRODUCT TO PERSONS UNDER 21 YEARS OF AGE IS UNLAWFUL." Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 433, sec. 1, effective July 15, 1988.

KRS 244.652 Prohibition of possession, sale, or use of powdered or crystalline alcoholic beverage products

244.652. Prohibition of possession, sale, or use of powdered or crystalline alcoholic beverage products No person shall possess, sell, offer for sale, or use any powdered or crystalline alcoholic beverage product. Effective: July 15, 2016 History: Created 2016 Ky. Acts ch. 80, sec. 28, effective July 15, 2016.

KRS 244.990 Penalties

244.990. Penalties (1) Any person who, alone or acting through another, directly or indirectly, violates any of the provisions of this chapter for which no other penalty is provided shall, for the first offense, be guilty of a Class B misdemeanor; and for the second and each subsequent violation, the person shall be guilty of a Class A misdemeanor. The penalties provided for in this subsection shall be in addition to the revocation of the offender's license. If the offender is a corporation, joint stock company, association, fiduciary, limited liability company, or other business entity recognized by law, the principal officer or officers responsible for the violation may be imprisoned. (2) Any person who violates KRS 244.170 shall, upon the first conviction, be guilty of a Class A misdemeanor. Upon a second conviction the person shall be guilty of a Class D felony. Upon the third and each subsequent conviction, the person shall be guilty of a Class C felony. (3) Any person who violates any of the provisions of KRS 244.480 to 244.600 shall be guilty of a violation. (4) Except as provided in KRS 244.085, any person, firm, corporation, limited liability company, or other business entity recognized by law violating any provision of KRS 244.083 and 244.085 shall be guilty of a violation and each violation shall constitute a separate offense. (5) Except as provided in subsection (7) of this section, any person who violates the provisions of KRS 244.085(4) shall, for the first offense, be guilty of a violation, and for each subsequent offense shall be guilty of a Class A misdemeanor. (6) Any person who violates KRS 244.125 shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense. (7) For any person under the age of eighteen (18) years, a violation of KRS 244.085(1), (2), (3), (4), or (7) shall be deemed a status offense and shall be under the jurisdiction of the juvenile session of the District Court or the family division of the Circuit Court, as appropriate. Effective: June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 113, effective June 29, 2017. -- Amended 2008 Ky. Acts ch. 87, sec. 23, effective July 15, 2008. -- Amended 1998 Ky. Acts ch. 121, sec. 35, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 396, sec. 7, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 463, sec. 32, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 336, sec. 10, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 312, sec. 10, effective July 1, 1986. -- Amended 1980 Ky. Acts ch. 254, sec. 10. -- Amended 1972 Ky. Acts ch. 286, sec. 3. -- Amended 1968 Ky. Acts ch. 62, sec. 6. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-67, 2554b-152, 2554b-196, 2554b-219.

KRS 244.992 Medical amnesty for persons reporting an alcohol overdose

244.992. Medical amnesty for persons reporting an alcohol overdose (1) A person shall be immune from prosecution for the criminal offenses identified in subsection (2) of this section if: (a) A law enforcement officer has contact with the person because the person: 1. Requests emergency medical assistance for himself or herself or another person; 2. Acts in concert with another person who requests emergency medical assistance; or 3. Appears to be in need of emergency medical assistance and is the individual for whom the request is made; (b) The request is made for an individual who reasonably appears to be in need of medical assistance due to alcohol consumption; and (c) The person described in paragraph (a) of this subsection, if physically capable: 1. Provides his or her own full name if requested by emergency medical assistance personnel or law enforcement officers; 2. Provides any other relevant information requested by the law enforcement officer that is known to such person; 3. Remains with, or is, the individual who reasonably appears to be in need of medical assistance due to alcohol consumption until professional emergency medical assistance is provided; and 4. Cooperates with emergency medical assistance personnel and law enforcement officers. (2) A person who meets the qualifications set forth in subsection (1) of this section shall be immune from criminal prosecution for the following offenses: (a) Alcohol intoxication under KRS 222.202(1); (b) Drinking alcoholic beverages in a public place under KRS 222.202(2); (c) Offenses related to possession of alcoholic beverages by a minor under twenty-one (21) years of age under KRS 244.085; and (d) Providing alcohol to minors under twenty-one (21) years of age or assisting minors under twenty-one (21) years of age to purchase alcohol under KRS 244.085 or 530.070. Effective: June 25, 2013 History: Created 2013 Ky. Acts ch. 121, sec. 81, effective June 25, 2013.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38405Fetched: 10/20/2026

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