2022 Kentucky Revised Statutes Chapter 243 - Alcoholic beverages -- licenses and taxes 243.200 Transporter's license, authority for issuance to certain motor carriers or to common carrier -- Holder's privileges, duties, and restrictions -- Delivery or shipment of alcoholic beverages with adult-signature-only service -- 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 -- Delivery or
shipment of alcoholic beverages with adult-signature-only service -- 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 to an individual consumer if both the consignor and consignee in each
case are authorized by the law of the states of their residence to sell, purchase,
deliver, ship, or receive the alcoholic beverages.
A transporter may deliver or ship to consumers over twenty-one (21) years of age in
packages clearly marked "Alcoholic Beverages, adult signature (21 years of age or
over) required," and shall 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. No properly licensed
common carrier or any of its employees acting on behalf of a consignor in the
course and scope of a delivery or shipment of alcoholic beverages to a consumer
shall be liable for a violation of this subsection or any provision of KRS 242.250,
242.260, or 242.270 prohibiting the delivery or shipment of alcoholic beverages
into areas of the state in which alcoholic beverages are not lawfully sold.
Except for a common carrier that has been assigned a USDOT number issued by the
Federal Motor Carrier Safety Administration, 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.
Except for an application by a common carrier that has been assigned a USDOT
number issued by the Federal Motor Carrier Safety Administration, 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.
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
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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: July 15, 2020
History: Amended 2020 Ky. Acts ch. 80, sec. 10, effective July 15, 2020; and ch. 102.
sec. 6, effective July 15, 2020. -- Amended 2018 Ky. Acts ch. 164, sec. 5, effective
April 13, 2018. -- 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 (7/15/2020). This statute was amended by 2020
Ky. Acts chs. 80 and 102, which do not appear to be in conflict and have been
codified together.
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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