2019 Kentucky Revised Statutes Chapter 244 - Alcoholic beverages -- prohibitions, restrictions, and regulations 244.165 Unlawful sale and shipment by out-of-state seller directly to a Kentucky consumer -- Permissible shipments of wine and distilled spirits into Kentucky by out-of-state wineries, small farm wineries, and distilleries -- Penalty.
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244.165 Unlawful sale and shipment by out-of-state seller directly to a Kentucky
consumer -- Permissible shipments of wine and distilled spirits into Kentucky
by out-of-state wineries, small farm wineries, and distilleries -- Penalty.
(1)
(2)
(3)
(4)
Except as provided in subsections (2), (3), and (4) of this section, it shall be
unlawful for any person in the business of selling alcoholic beverages in another
state or country to deliver or ship or cause to be delivered or shipped any alcoholic
beverage directly to any Kentucky resident who does not hold a valid wholesaler or
distributor license issued by the Commonwealth of Kentucky.
A winery or small farm winery located in another state may deliver or ship wine to a
customer in Kentucky if:
(a) The wine, subscription, or club program membership is purchased by the
customer in person at the winery or small farm winery;
(b) The Kentucky purchaser is of legal age;
(c) The out-of-state winery or small farm winery is licensed in Kentucky;
(d) Either:
1.
No more than four (4) cases of wine are purchased per day per visit; or
2.
The wine is purchased pursuant to subscription, or winery-sponsored or
small farm winery-sponsored club programs, in quantities not to exceed
an aggregate of one (1) case of wine per month per calendar year; and
(e) The wine is delivered or shipped through a licensed transporter or licensed
common carrier authorized to deliver or ship wine in the jurisdiction in which
the delivery or shipment will occur.
A distillery located in another state may deliver or ship distilled spirits directly to a
customer in Kentucky if:
(a) The distilled spirits, subscription, or club program membership is purchased
by the customer in person at the distillery;
(b) The Kentucky purchaser is of legal age;
(c) The distillery is licensed in Kentucky;
(d) Either:
1.
No more than four and one-half (4 1/2) liters of distilled spirits are
purchased per day per visit for sales prior to January 1, 2021, and in
quantities not to exceed an aggregate of nine (9) liters per purchaser per
day for sales on and after January 1, 2021; or
2.
The distilled spirits are purchased pursuant to subscription or distillerysponsored club programs, in quantities not to exceed an aggregate of
nine (9) liters of distilled spirits per calendar year; and
(e) The distilled spirits are delivered or shipped through a licensed transporter or
licensed common carrier authorized to deliver or ship distilled spirits in the
jurisdiction in which the delivery or shipment will occur.
A licensed transporter or common carrier making deliveries or shipments pursuant
to this section shall deliver or ship directly to consumers over twenty-one (21) years
(5)
(6)
of age in packages clearly marked "Alcoholic Beverages, adult signature (21 years
of age or over) required," and must request adult-signature-only service from the
carrier. Deliveries or shipments of alcoholic beverages shall only be made into areas
of the state in which alcoholic beverages may be lawfully sold. When the shipper
requests adult-signature-only service, it shall be a violation for a common carrier
not to inspect government-issued identification for proof of age or to knowingly
deliver or ship alcoholic beverages into areas of the state in which alcoholic
beverages are not legally sold.
Nothing contained in this section shall exempt a licensed out-of-state alcoholic
beverage producer from obeying the laws of its resident state.
Any person who violates subsection (1) of this section shall, for the first offense, be
mailed a certified letter by the department ordering that person to cease and desist
any deliveries or shipments of alcoholic beverages to Kentucky residents, and for
the second and each subsequent offense, be guilty of a Class D felony.
Effective: April 13, 2018
History: Amended 2018 Ky. Acts ch. 164, sec. 7, effective April 13, 2018. -- Amended
2010 Ky. Acts ch. 24, sec. 589, effective July 15, 2010. -- Amended 2006 Ky. Acts
ch. 179, sec. 2, effective January 1, 2007. -- Created 1996 Ky. Acts ch. 72, sec. 1,
effective July 15, 1996.
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