2015 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.
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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)
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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-ofstate 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 offpremise 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.
If the requirements of KRS 244.290(5) relating to Sunday sales on the licensed
premises of a small farm winery are met, a small farm winery within that territory
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may sell alcoholic beverages on Sunday only in accordance with this section
between the hours of 1 p.m. until the prevailing time for that locality.
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 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: July 15, 2014
History: Amended 2014 Ky. Acts ch. 115, sec. 3, effective July 15, 2014. -- 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.
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