2014 Kentucky Revised Statutes
CHAPTER 244 - ALCOHOLIC BEVERAGES -- PROHIBITIONS, RESTRICTIONS, AND REGULATIONS
244.167 Unlawful acts relating to wholesalers or distributors -- Definition of "primary source of supply."

Download as PDF 244.167 Unlawful acts relating to wholesalers or distributors -- Definition of "primary source of supply." (1) (2) (3) (4) It is unlawful: (a) For any distiller, rectifier, winery, brewer, or importer to solicit, accept, or fill any order for any distilled spirits, wine, or malt 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 distilled, vinous, or malt 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 the alcoholic beverage 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. The Department of Alcoholic Beverage Control 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. Upon determination by the Department of Alcoholic Beverage Control 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. For the purposes of this section, "primary source of supply" or "supplier" means the distiller, producer, brewer, owner of the commodity at the time it becomes a marketable product, bottler, or authorized agent of the brand owner. In the case of imported products, the primary source of supply means either the foreign producer, owner, bottler, or agent of the prime importer from, or the exclusive agent in, the United States of the foreign distiller, producer, bottler, or owner. Effective:June 25, 2013 History: 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.