2013 Kentucky Revised Statutes CHAPTER 243 - ALCOHOLIC BEVERAGES -- LICENSES AND TAXES 243.155 Small farm winery license -- Eligibility and application process -- Business authorized by license -- Off-premise retail sales outlet in wet territory -- Other permitted licenses -- Renewal of license.
Download as PDF
243.155 Small farm winery license -- Eligibility and application process -Business authorized by license -- Off-premise retail sales outlet in wet
territory -- Other permitted licenses -- Renewal of license.
(1)
(2)
(3)
(4)
Any in-state or out-of-state small farm winery may apply for a small farm winery
license. In addition to all other licensing requirements, an applicant for a small
farm winery license shall submit with its application a copy of the small farm
winery's federal basic permit and proof documenting its annual wine
production. An out-of-state winery shall submit additional documentation
evidencing its resident state. As part of the application process, an out-of-state
winery shall publish its notice of intent, as required by KRS 243.360, in the
Kentucky newspaper of highest circulation. The department shall promulgate
administrative regulations establishing the form the documentation of proof of
production shall take.
A small farm winery license shall authorize the licensee to perform the
following functions without having to obtain separate licenses, except that each
small farm winery off-premises retail site shall be separately licensed:
(a) Manufacture wines and bottle wines produced by that small farm winery;
(b) Bottle wines produced by another small farm winery;
(c) Serve on the premises or at small farm winery off-premise retail sites
complimentary samples of wine produced by it in amounts not to exceed
six (6) ounces per patron per day, if the small farm winery or its
off-premise retail site is located in wet territory;
(d) Sell by the drink or by the package on premises, at small farm winery
off-premise retail sites, and at fairs, festivals, and other similar types of
events, wine produced on the premises of the small farm winery or
produced by a licensed small farm winery, at retail to consumers if all
sales sites are located in wet territory;
(e) Sell and transport wine produced on the premises of the small farm
winery to wholesale license holders and small farm winery license
holders;
(f) Consume on the premises wine produced by the small farm winery or a
licensed small farm winery and purchased by the drink or by the package
at the licensed premises, if the small farm winery is located in wet
territory; and
(g) Ship to a customer wine produced by a small farm winery if:
1.
The wine is shipped by licensed common carrier; and
2.
The amount of wine shipped is limited to two (2) cases per customer
per order.
If a licensed small farm winery is located in a dry or moist territory, KRS
242.230 to 242.430 shall apply, unless a limited local option election is held in
accordance with KRS 242.124. If the proposition under KRS 242.124 is
approved, a licensed small farm winery within the precinct may sell wine in
accordance with subsection (2) of this section.
Other provisions of this chapter and KRS Chapter 244 notwithstanding, a small
farm winery license holder may also hold an NQ2 retail drink license and an
(5)
(6)
(7)
NQ4 retail malt beverage drink license if the issuance of these licenses is in
connection with the establishment and operation of a restaurant, hotel, inn, bed
and breakfast, conference center, or any similar business enterprise designed
to promote viticulture, enology, and tourism.
This section shall not exempt the holder of a small farm winery license from the
provisions of KRS Chapters 241, 242, 243, and 244, nor from the
administrative regulations of the board, nor from regulation by the board at all
premises licensed by the small farm winery, except as expressly stated in this
section.
Nothing contained in this section shall exempt a licensed out-of-state winery
from obeying the laws of its resident state.
Upon the approval of the department, a small farm winery license may be
renewed after the licensee submits to the department the winery's federal basic
permit and proof of its annual wine production.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 121, sec. 62, effective June 25, 2013. -Amended 2010 Ky. Acts ch. 24, sec. 569, effective July 15, 2010. -- Amended
2006 Ky. Acts ch. 179, sec. 1, effective January 1, 2007. -- Amended 2005 Ky.
Acts ch. 142, sec. 1, effective June 20, 2005. -- Amended 2000 Ky. Acts
ch. 167, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 357,
sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 148, sec. 1,
effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 451, sec. 1, effective July
15, 1994. -- Amended 1990 Ky. Acts ch. 54, sec. 5, effective July 13, 1990. -Amended 1988 Ky. Acts ch. 433, sec. 2, effective July 15, 1988. -- Amended
1982 Ky. Acts ch. 244, sec. 2, effective July 15, 1982. -- Created 1976 Ky. Acts
ch. 381, sec. 2.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.