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243.081 Retail sale of alcoholic beverages on a delivery, to-go, or take-out
basis -- Prohibitions -- Requirements -- Exemptions regarding delivery
vehicle signage -- Application of other laws.
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If authorized under its licensing statute, a license holder with the privilege of
selling alcoholic beverages by the drink at retail shall be permitted to sell
alcoholic beverages by the drink in a sealed container, and by the package in
sealed original containers, on a delivery, to-go, or take-out basis, as follows:
(a) The sale of alcoholic beverages pursuant to this section shall be in
conjunction with the purchase of a prepared meal and only in quantities
that a reasonable person would purchase with a meal;
(b) Deliveries, if applicable, shall be made in a vehicle operated and owned
by the licensee, the licensee's employee, or an independent contractor or
agent; and
(c) Any person delivering alcoholic beverages shall be at least twenty-one
(21) years of age.
All licensees and their employees and independent contractors are prohibited
from:
(a) Selling alcohol in bulk quantities;
(b) Completing sales in dry territories; or
(c) Delivering:
1.
Into dry territory;
2.
To a minor under twenty-one (21) years of age; or
3.
To an intoxicated person.
(a) For purposes of this section, alcoholic drinks to go shall be:
1.
Placed in a bag or other container that is secured in a manner that
makes it visibly apparent if the container has been subsequently
opened or tampered with; and
2.
Transported in a locked glove compartment or the trunk or other
area that is not a passenger area under KRS 189.530(5).
(b) The department may, but is not required to, promulgate an administrative
regulation that sets forth the:
1.
Conditions under which sales may take place;
2.
Days and times that sales may take place; and
3.
The requirements for transportation of alcoholic drinks to go under
this section.
For purposes of this section, vehicles used for deliveries shall be exempt from
displaying the name and license number of the retail licensee selling the
alcoholic beverages being delivered.
Except as provided in this section, sales of alcoholic beverages shall be
subject to all of the statutes and administrative regulations relating to the retail
sale of alcoholic beverages.
Effective:March 15, 2021
History: Created 2021 Ky. Acts ch. 20, sec. 1, effective March 15, 2021.
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