2017 Kentucky Revised Statutes CHAPTER 243 - ALCOHOLIC BEVERAGES -- LICENSES AND TAXES .200 Transporter's license, authority for issuance to certain motor carriers or to common carrier -- Holder's privileges, duties, and restrictions -- Authority to examine vehicle and cargo -- When transporter's license not required -- Conveyances to be made in properly marked vehicle -- Required maintenance of books and records.
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243.200 Transporter's license, authority for issuance to certain motor carriers
or to common carrier -- Holder's privileges, duties, and restrictions -Authority to examine vehicle and cargo -- When transporter's license not
required -- Conveyances to be made in properly marked vehicle -Required maintenance of books and records.
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A transporter's license may be issued as a primary license to a motor carrier
authorized to transact business in the Commonwealth by the Transportation
Cabinet or the Federal Motor Carrier Safety Administration or to another person
engaged in business as a common carrier. A person holding a transporter's
license 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.
The holder of a transporter's license shall cause each truck or vehicle to
display the name of the licensee and the state license numbers in a manner
prescribed by an administrative regulation promulgated by the board.
An application for a transporter's license shall include a statement that the
applicant, if issued a license, shall allow any authorized investigators 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.
Applicants for the transporter's license under this section, and their employees,
shall be exempt from the residency requirements of KRS 243.100.
A licensee may move, within the same county, alcoholic beverages from one
(1) of the licensee's licensed premises to another without a transporter's
license. A licensee may move alcoholic beverages from one (1) of the
licensee's licensed premises located in one (1) county to a licensed premises
located in another county, without a transporter's license, with prior written
approval of the administrator for good cause shown. The licensee shall keep
and maintain, in one (1) of its licensed premises, adequate books and records
of the transactions involved in transporting alcoholic beverages from one (1)
licensed premises 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 board. Both the
wholesaler and the retailer engaging in activity under this subsection shall be
responsible for maintaining records documenting the transactions.
Effective:June 29, 2017
History: Repealed and reenacted 2017 Ky. Acts ch. 62, sec. 58, effective June 29,
2017; and amended 2017 Ky. Acts ch. 177, sec. 6, effective June 29, 2017. -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 (6/29/2017). This statute was repealed
and reenacted by 2017 Ky. Acts ch. 62, sec. 58 and amended by 2017 Ky. Acts
ch. 177, sec. 6. Pursuant to KRS 446.260, the repeal and reenactment in 2017
Ky. Acts ch. 62, sec. 58 prevails.
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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