2014 Kentucky Revised Statutes CHAPTER 243 - ALCOHOLIC BEVERAGES -- LICENSES AND TAXES 243.200 Distilled spirits and wine transporter's license -- Privileges, duties, and restrictions for eligible entities -- Reports to be filed with Department of Revenue -- Malt beverages transporter's license -- Privileges, duties, and restrictions for eligible persons and entities.
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243.200 Distilled spirits and wine transporter's license -- Privileges, duties,
and restrictions for eligible entities -- Reports to be filed with Department
of Revenue -- Malt beverages transporter's license -- Privileges, duties,
and restrictions for eligible persons and entities.
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(2)
(3)
(a)
A transporter's license may be issued as a primary license to a person
engaged in business as a common carrier. A transporter's licensee may
transport alcoholic beverages to or from the licensed premises of any
licensee under this chapter if both the consignor and consignee in each
case are authorized by the law of the states of their residence to sell,
purchase, ship, or receive the alcoholic beverages.
(b) A transporter's license shall be issued only to persons authorized by
proper certificate from the Department of Vehicle Regulation to engage in
the business of a common carrier. Holders of a transporter's license
issued under this section may transport alcoholic beverages in Kentucky
only in conformity with the provisions of their common carrier certificate
issued by the Transportation Cabinet. Such licensees are specifically
prohibited from transporting alcoholic beverages anywhere within the
state, except upon the route authorized by their respective common
carrier certificates.
(a) No person, firm, or corporation operating motor vehicles for hire over the
highways of this state, under authority of a Certificate of Convenience and
Necessity issued by the Transportation Cabinet, covering the same
territory or highways designated in the certificate as irregular common
carrier issued by the Interstate Commerce Commission shall be
authorized or permitted to transport any alcoholic beverages in this state
until the carrier has procured an appropriate transporter's license from the
department, and filed with the department a statement of the proposed
route of the territory over which the carrier proposes to transport alcoholic
beverages.
(b) The statement of route shall be accompanied by an exhibit consisting of a
Kentucky road map with the proposed route clearly indicated by suitable
marking.
(c) The proposed route shall be restricted to designated federal highways,
except as to access side roads to distilleries and terminals. The side
roads shall be the nearest and most traveled route from the distillery to
the designated federal highway, and shall be no more than seven (7)
miles from the federal highway.
(d) When the carrier has obtained a transporter's license for distilled spirits
and wine from the department for transportation over designated routes,
pursuant to a regular common carrier certificate, no additional license
shall be required upon filing of the designated routes and exhibit required
under this section.
(e) The license shall be issued to a person legally transporting alcoholic
beverages to allow transportation of the beverages over numbered
Kentucky state highways, or officially prescribed detours from those
highways.
A transporter's license may be issued to a steam, diesel, or gasoline boatline,
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desiring to haul alcoholic beverages in barrels or in unbroken case lots, if it
maintains published river-rail rates, but licensees shall not be restricted to
routes covered by such river-rail rates.
A transporter's license may be issued as a primary or supplementary license to
any nonresident distiller, winery, or wholesaler who is authorized by the state of
his or her residence and the federal government to receive and transport
distilled spirits and wine. The nonresident licensee may transport for himself or
herself only, distilled spirits and wine from the licensed premises of a Kentucky
manufacturer, distiller, winery, or rectifier to the transporter's licensed premises
only, and beverages on which the Kentucky tax has been paid may be
transported from the licensed premises of a nonresident distiller, winery, or
rectifier to wholesaler licensees within the Commonwealth of Kentucky, if he or
she transports the alcoholic beverages in a truck or other vehicle owned and
operated by a nonresident licensee. Each truck or vehicle shall have affixed to
its side a sign in uniform letters of at least three (3) inches high containing the
name of the company and the state and federal permit numbers for the
vehicles.
An application for a transporter's license shall include a statement that the
applicant, if granted a license, will allow any authorized field representative of
the department to stop and examine the cargo of any truck or vehicle in which
alcoholic beverages are being transported within the boundaries of the
Commonwealth of Kentucky.
All persons or entities holding a transporter's license shall be required to file
reports with the Department of Revenue on or before the fifteenth of each
month, covering the preceding month's transactions. Only one (1) report may
be submitted to cover each unit shipment of alcoholic beverages transported
into and from the state. Each Department of Revenue report shall show the
state license number, the name and address of consignor and consignee,
shipping date, delivery date, and number of cases according to size contained
in each shipment, and shall be signed by an official of the company handling
the shipment.
A transporter's license may be issued as a primary license to a person or entity
wishing to transport distilled spirits and wine through this state over the public
highways. A transporter's license authorizes the holder to transport distilled
spirits and wine during the period of the license. The driver of a vehicle so
transporting shall be in the possession of a copy of the license and bills of
lading, consignment, or other evidence of ownership of the cargo which tally
with the cargo. Failure of the driver to be in possession of these documents
shall be prima facie evidence of illegal trafficking. The transporting of distilled
spirits and wine without a transporter's license shall subject the offending party
to the penalties established in KRS 243.990.
A transporter's license may be issued as a primary license to a person wishing
to transfer distilled spirits or wine from a licensed transporter to one (1) truck
from another. The licensee may receive from and tender to transporters duly
licensed under this section those distilled spirits and wine consigned to
licensees under KRS 243.020, in the Commonwealth of Kentucky.
(a) A transporter's license may be issued as a primary license to a person or
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entity wishing to export malt beverages from the licensed premises of a
Kentucky brewer or from the warehouse of a licensed Kentucky
distributor, or from another state, through Kentucky. A transporter's
license may be issued to an applicant who holds a beer wholesaler or
distributor's license issued by the state into which malt beverages are to
be transported, or who is licensed by the state to transport those malt
beverages.
(b) Applicants for the transporter's license under this subsection, and their
employees, may be exempt from the residence requirements of KRS
243.100 and 244.090.
(c) A transporter's license shall authorize the holder to transport malt
beverages from the licensed premises of a Kentucky brewer or from the
warehouse of the licensed Kentucky distributor, or from another state,
through Kentucky, if the licensee transports the malt beverages in a truck
or other vehicle carrying a transporter's license and owned and operated
by its employees.
A transporter's license may be issued as a primary or supplemental license to
a person, except a retailer, wishing to transport malt beverages for hire. A
transporter's license shall authorize the licensee to transport malt beverages
for hire to or from the licensed premises of any licensee, except retailers, if
both the consignor and consignee in each case are authorized by the law of
the states of their residence to sell, purchase, ship, or receive the malt
beverages. A transporter licensee may transport malt beverages for hire to or
from the licensed premises of any licensee under KRS 243.040 in counties
containing a population of less than forty thousand (40,000) if both the
consignor and consignee in each case are authorized by the laws of the states
of their residence to sell, purchase, ship, or receive the malt beverages.
No person except a railroad company or railway express company shall
transport or cause to be transported any distilled spirits or wine, unless
expressly authorized to do so by law.
Distilled spirits and wine may be transported by the holder of any license
authorized to transport distilled spirits and wine to and from express or freight
depots and the licensee's premises.
A licensed alcoholic beverage store operator may move, within the same
county, alcoholic beverages from one of the operator's licensed stores to
another without a transporter's license. However, the licensed store operator
shall keep and maintain, in one (1) of his or her stores in that county, adequate
books and records of the transactions involved in transporting alcoholic
beverages from one (1) licensed store to another in accordance with standards
established in administrative regulations promulgated by the board. The
records shall be available to the department and the Department of Revenue
upon request.
Distilled spirits and wine may be transported by any licensed retailer selling
distilled spirits or wine, by the package or by the drink, from the premises of a
licensed wholesaler to the licensed premises of the retail licensee. Any retailer
transporting alcoholic beverages under this subsection shall do so in a vehicle
marked in conformity with administrative regulations of the department. Both
the wholesaler and the retailer engaging in activity under this subsection shall
be responsible for maintaining records documenting the transactions.
Effective:July 15, 2014
History: Amended 2014 Ky. Acts ch. 22, sec. 14, effective July 15, 2014. -Amended 2013 Ky. Acts ch. 121, sec. 66, effective June 25, 2013. -- Amended
2010 Ky. Acts ch. 24, sec. 570, effective July 15, 2010. -- Amended 2005 Ky.
Acts ch. 85, sec. 648, effective June 20, 2005. -- Amended 2003 Ky. Acts ch.
37, sec. 1, effective June 24, 2003. -- Amended 1998 Ky. Acts ch. 295, sec. 1,
effective July 15, 1998. -- Amended 1966 Ky. Acts ch. 255, sec. 214. -Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. secs. 2554b-124, 2554b-154, 2554b-190.
Legislative Research Commission Note (7/15/2014). As amended by 2014 Ky.
Acts ch. 22, sec. 14, subsection (9)(b) of this statute contains an erroneous
reference to "residence requirements" of KRS 244.090. Although certain
licensees were previously prohibited from employing any person who "has not
had an actual bona fide residence in this Commonwealth for at least one (1)
year" or "is not a citizen of the United States," the General Assembly removed
the state residency requirement from that statute in 1978 Ky. Acts ch. 194, sec.
19, and the national citizenship requirement in 1998 Ky. Acts ch. 522, sec. 20.
The reference to KRS 243.100 is correct.
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