2025 Kentucky Revised Statutes Chapter 438 - Offenses against public health and safety 438.337 Responsibilities of Department of Alcoholic Beverage Control in enforcement of KRS 438.305 to 438.350 -- Disposition of revenue and fines collected under KRS 138.140 and 438.305 to 438.350 -- Statistics -- Enforcement plan -- Publication of list of licensees. (Effective January 1, 2026).
Universal Citation:
KY Rev Stat § 438.337-2 (2025)
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438.337
Responsibilities of Department of Alcoholic Beverage Control in
enforcement of KRS 438.305 to 438.350 -- Disposition of revenue and fines
collected under KRS 138.140 and 438.305 to 438.350 -- Statistics -Enforcement plan -- Publication of list of licensees.
(Effective January 1,
2026)
(1)
(2)
(3)
(4)
(5)
(6)
The department shall carry out the enforcement provisions of KRS 438.305 to
438.350.
(a) 1.
The department shall be entitled to the revenue produced by onetwentieth of one cent ($0.0005) of the three-cent ($0.03) per pack
revenue collected by the Finance and Administration Cabinet from the
state excise tax on the sale of cigarettes as imposed by KRS 138.140.
2.
One hundred percent (100%) of the license and application fees imposed
by KRS 438.3063 unless the license is denied shall be deposited in a
trust and agency account created in the State Treasury. If no license is
issued, the application fee shall be retained by the department in
accordance with KRS 438.3063.
(b) One hundred percent (100%) of the fines collected under KRS 438.305 to
438.350 shall be retained by the department.
(c) The department shall keep fifty percent (50%) of any fines collected under
KRS 438.305 to 438.350 to offset the costs of enforcement. The remaining
fifty percent (50%) of funds shall go to a youth program administered by the
Department for Public Health directed at targeting and educating youth on the
dangers of tobacco products, alternative nicotine products, and vapor
products.
The department shall be responsible for maintaining statistics for compilation of
required reports to be submitted to the United States Department of Health and
Human Services.
The department shall devise a plan and timeframe for enforcement to determine by
random inspection if the percentage of retailers, wholesalers, or distributors making
illegal sales to persons under the age of twenty-one (21) does or does not exceed
federal guidelines preventing tobacco sales to persons under the age of twenty-one
(21).
(a) The department shall investigate the information provided in each application
for a tobacco, nicotine, or vapor product license.
(b) Notwithstanding KRS 438.330 and 438.331, if the tobacco, nicotine, or vapor
product license is approved, random inspections or compliance checks of the
licensee shall be conducted not less than once annually during normal
business hours or as deemed appropriate by the commissioner.
The department shall, on the first day of each month, create, update, and publish on
its website a list of retail establishments that possess a tobacco, nicotine, or vapor
product license.
Effective: January 1, 2026
History: Amended 2025 Ky. Acts ch. 78, sec. 19, effective January 1, 2026. -Amended 2020 Ky. Acts ch. 35, sec. 8, effective March 26, 2020. -- Amended 2010
Ky. Acts ch. 24, sec. 1933, effective July 15, 2010. -- Created 2000 Ky. Acts ch.
423, sec. 9, effective July 14, 2000.
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