.337 Responsibilities of Office of Alcoholic Beverage Control in enforcement of KRS 438.305 to 438.340 -- Disposition of revenue and fines collected under KRS 138.140 and KRS 438.305 to 438.340.
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438.337 Responsibilities of Office of Alcoholic Beverage Control in enforcement of
KRS 438.305 to 438.340 -- Disposition of revenue and fines collected under
KRS 138.140 and KRS 438.305 to 438.340.
(1)
Except for violations of the provisions of KRS 438.311, 438.313, and 438.315 by a
juvenile, which shall be under the jurisdiction of the juvenile session of the District
Court, the Office of Alcoholic Beverage Control shall carry out the enforcement
provisions of KRS 438.305 to 438.340.
(2)
The Office of Alcoholic Beverage Control shall be entitled to the revenue produced
by one-twentieth of one cent ($0.0005) of the three-cent ($0.03) per pack revenue
collected by the Finance and Administration Cabinet from the state excise tax on
the sale of cigarettes as imposed by KRS 138.140 to be deposited in a trust and
agency account created in the State Treasury, and to keep fifty percent (50%) of any
fines collected under KRS 438.305 to 438.340 to offset the costs of enforcement of
KRS 438.305 to 438.340.
(3)
The Office of Alcoholic Beverage Control shall be responsible for maintaining
statistics for compilation of required reports to be submitted to the United States
Department of Health and Human Services.
(4)
The Office of Alcoholic Beverage Control shall devise a plan and time frame for
enforcement to determine by random inspection if the percentage of retailers or
distributors making illegal sales to minors does or does not exceed federal
guidelines preventing tobacco sales to minors.
Effective: July 14, 2000
History: Created 2000 Ky. Acts ch. 423, sec. 9, effective July 14, 2000.
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.
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