2016 Kentucky Revised Statutes CHAPTER 243 - ALCOHOLIC BEVERAGES -- LICENSES AND TAXES .0305 Souvenir package sales by licensed distillers -- Sampling and sale of alcoholic beverages on premises of distillery.
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243.0305 Souvenir package sales by licensed distillers -- Sampling and sale of
alcoholic beverages on premises of distillery.
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Any licensed Kentucky distiller that is located in wet territory or in any precinct that
has authorized the limited sale of alcoholic beverages at distilleries under KRS
242.1243 and that has a gift shop or other retail outlet on its premises may conduct
the activities permitted under this section as a part of its distiller's license.
A wholesaler registered to distribute the brands of any distiller may permit the
distiller to deliver a souvenir package directly from the distillery proper to any
portion of the distillery premises. However, all direct shipments shall be invoiced
from the distiller to the wholesaler and from the wholesaler to the distiller, and all
products directly shipped shall be included in the wholesaler's inventory and
depletions for purposes of tax collections imposed pursuant to KRS 243.710 to
243.895 and 243.990.
A distiller may sell souvenir packages at retail to distillery visitors of legal drinking
age, in quantities not to exceed an aggregate of four and one-half (4-1/2) liters per
visitor per day.
Hours of sale for souvenir packages at retail shall be in conformity with KRS
244.290(3).
Except as provided in this section, souvenir package sales shall be governed by all
the statutes and administrative regulations governing the retail sale of distilled
spirits by the package.
No wholesaler may restrict the sale of souvenir packages to the distiller of origin
exclusively, but shall make souvenir packages available to any Kentucky retail
licensee licensed for the sale of distilled spirits by the package.
Notwithstanding any provision of KRS 244.050 to the contrary, a distillery holding
a sampling license may allow visitors to sample distilled spirits under the following
conditions:
(a) Sampling shall be permitted only on the licensed premises during regular
business hours;
(b) A distillery shall not charge for the samples; and
(c) A distillery shall not provide more than one and three-fourths (1-3/4) ounces
of samples per visitor per day.
In accordance with this section, a distillery located in wet territory or in any territory
that has authorized the limited sale of alcoholic beverages under an election held
pursuant to KRS 242.1243 may:
(a) Hold an NQ3 retail drink license for the sale of alcoholic beverages on the
distillery premises. Notwithstanding KRS 243.110, a licensed distiller may
also hold any of the retail licenses available to it under this section;
(b) Sell alcoholic beverages produced or bottled on the premises of its Kentucky
licensed distillery for on-premises purposes without having to transfer
physical possession of those alcoholic beverages to a licensed wholesaler if:
1.
All direct shipments are invoiced from the distiller to its wholesaler and
from the wholesaler to the distiller; and
2.
All products directly shipped are included in the wholesaler's inventory
and depletions for purposes of tax collections imposed pursuant to KRS
243.710 to 243.890 and 243.990; and
(c) Employ persons to engage in the sale or service of alcohol under an NQ3
license, if each employee completes the department's Server Training in
Alcohol Regulations program within thirty (30) days of the beginning of his or
her employment.
(9) Except as expressly stated in this section, this section does not exempt the holder of
a distiller's license from:
(a) The provisions of KRS Chapters 241 to 244;
(b) The administrative regulations of the board; and
(c) Regulation by the board at all the distiller's licensed premises.
(10) Nothing in this section shall be construed to vitiate the policy of this
Commonwealth supporting an orderly three (3) tier system for the production and
sale of alcoholic beverages.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 80, sec. 5, effective July 15, 2016. -- Amended
2013 Ky. Acts ch. 121, sec. 46, effective June 25, 2013. -- Amended 2003 Ky. Acts
ch. 102, sec. 1, effective June 24, 2003. -- Amended 1998 Ky. Acts ch. 53, sec. 1,
effective July 15, 1998. -- Created 1996 Ky. Acts ch. 95, sec. 2, effective July 15,
1996.
Legislative Research Commission Note (7/15/2016). A reference to "KRS 243.895" in
this statute has been changed in codification to read "KRS 243.890." In 2016 Ky.
Acts ch. 80, sec. 5, subsection (8)(b)2. refers to "tax collections imposed pursuant to
KRS 243.710 to 243.895." It is obvious from the context that the citation of this
range should not include the final section, KRS 243.895, which is a statute on an
unrelated topic. Under the authority of KRS 7.136(1), the Reviser of Statutes has
inserted the correct reference.
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