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243.0305 Souvenir package sales by licensed distillers.
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Any licensed Kentucky distiller that is located in wet territory and that has a gift
shop or other retail outlet on its premises may conduct the activities permitted
under this section as a part of its distiller's license.
A wholesaler registered to distribute the brands of any distiller may permit the
distiller to deliver a souvenir package directly from the distillery proper to the
portion of the distillery premises operated by the licensee for the sale of
souvenir packages. However, all direct shipments shall be invoiced from the
distiller to the wholesaler and from the wholesaler to the distiller, and all
products directly shipped shall be included in the wholesaler's inventory and
depletions for purposes of tax collections imposed pursuant to KRS 243.710 to
243.895 and 243.990.
A distiller may sell souvenir packages at retail to distillery visitors of legal
drinking age, in quantities not to exceed an aggregate of three (3) liters per
visitor per day, with the exception of a purchase by a partnership, limited
liability partnership, corporation, limited liability company, or other business
entity holding an event on the premises of the distillery, in which case the
limitation shall be one (1) liter per visitor attending the event. These sales shall
be permitted only through the gift shop or other retail outlet on the distiller's
premises.
Hours of sale for souvenir packages at retail shall be 9 a.m. until 9 p.m.
prevailing time Monday through Saturday. The licensed premises may remain
open if it has a separate department pursuant to KRS 244.290(1).
Except as provided in this section, souvenir package sales shall be governed
by all the statutes and administrative regulations governing the retail sale of
distilled spirits by the package.
No wholesaler may restrict the sale of souvenir packages to the distiller of
origin exclusively, but shall make souvenir packages available to any Kentucky
retail licensee licensed for the sale of distilled spirits by the package.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 121, sec. 46, effective June 25, 2013. -Amended 2003 Ky. Acts ch. 102, sec. 1, effective June 24, 2003. -- Amended
1998 Ky. Acts ch. 53, sec. 1, effective July 15, 1998. -- Created 1996 Ky. Acts
ch. 95, sec. 2, effective July 15, 1996.
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