804 KAR | Title 804 KAR — Public Protection Cabinet - Department of Alcoholic Beverage Control

Chapter 1 Advertising Distilled Spirits and Wine

804 KAR 1:030 Prohibited alcoholic beverage advertisements {#sec-804-kar-1-030 omnilex-key=us-ky-regs-official--title-804--804 KAR 1:030}

Section 1. Prohibited Advertising. An advertisement for any alcoholic beverage shall not:

(1) Be false or misleading;

(2) Disparage, slander, or libel a competitor's product;

(3) Be obscene or indecent;

(4) Represent the alcoholic beverage is produced, brewed, distilled, blended, made, bottled, or sold under or in accordance with any municipal, state, or federal authorization, law, or regulation; and if a municipal, state, or federal permit number is stated, such permit number shall not be accompanied by any additional statement relating thereto;

(5) Contain representations about an alcoholic beverage brand or product which is inconsistent with any label statement;

(6) Represent that the use of any alcoholic beverage has curative properties, therapeutic effects, good health benefits, weight reducing effects, muscle growth effects, or any other like representation if the representation is untrue in any particular or tends to create a misleading impression;

(7) Advertise two (2) or more different alcoholic beverage brands or products in one (1) advertisement if the advertisement tends to create the impression that a representation made as to one (1) brand or product applies to the other;.

(8) Relate to or be capable of being construed as relating to the armed forces;

(9) Depict any flag, seal, coat of arms, crest, or other insignia, which is likely to mislead a consumer to believe that the product has been endorsed, made, used by, produced for, or under the supervision or approval of the government, organization, family, or individual with whom such flag, seal, coat of arms, crest, or insignia is associated;

(10) Use the terms "free" or "complimentary" alcoholic beverages, or any other terms, which imply or suggest giveaways of alcoholic beverages unless the statement references permissible manufacturer or wholesaler coupons or limited samples that the licensee is authorized to serve under a license held;

(11) Use the phrase "all-you-can-drink", "unlimited drinks", or any other phrase or terms that imply or suggest that a consumer will receive an unlimited number of alcoholic beverage drinks upon payment of a fee;

(12) Take any action, directly or indirectly, to target minors in the advertising, promotion, or marketing of alcoholic beverage products, or take any action the primary purpose of which is to initiate, maintain, or increase the incidence of minor consumption of alcoholic beverages;

(13) Offer or describe a product, service, or activity, that is prohibited by Kentucky law; or

(14) Be prohibited by Federal law.

History

RELATES TO: KRS 244.130
STATUTORY AUTHORITY: KRS 241.060(1), 244.130(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 244.060(1) authorizes the board to promulgate administrative regulations regarding matters over which the board has jurisdiction. KRS 244.130 authorizes the board to prohibit alcoholic beverage advertising practices by administrative regulations. This administrative regulation prohibits certain advertising relating to alcoholic beverages.
History: 804 KAR 001:030. ABC 1:31; 1 Ky.R. 51; eff. 10-2-1974; 8 Ky.R. 198; eff. 12-2-1981; 45 Ky.R. 2672; eff. 4-5-2019; Crt eff. 2-20-2026.

804 KAR 1:070 Product development and marketing samples {#sec-804-kar-1-070 omnilex-key=us-ky-regs-official--title-804--804 KAR 1:070}

Section 1.

(1) Product Samples to Retailers. Manufacturers, distributors, and wholesalers may provide free alcoholic beverage product samples to retailers under the following conditions:

(a) Samples shall be provided by an employee or agent of the manufacturer, distributor, or wholesaler. An employee or agent of a distiller, rectifier, winery, or wholesaler shall hold a Kentucky special agent's or solicitor's license;

(b) Samples shall be limited to alcoholic beverage products sold or produced by the manufacturer, distributor, or wholesaler;

(c) Drink samples may be provided to a retailer's agents and employees at the retailer's premises by the employee or agent in person; and

(d) Package samples, not exceeding the following quantity limits, may be shipped to the retailer's licensed premises through a common carrier holding a Kentucky transporter's license:

384 ounces of malt beverages per year;
Nine (9) liters of wine per year; and
Nine (9) liters of distilled spirits per year.

(2) Any alcoholic beverage container used for drink or package samples shall be so marked by affixing across the label a sticker, not readily removable, stating, "Sample - Not for Sale, (manufacturer's, distributor's, or wholesaler's name)."

(3) Package samples received by a retailer shall not be resold by the retailer and shall be destroyed when the retailer completes its sampling of the product.

Section 2. Educational Sampling Events for Retailers. A manufacturer, distributor, or wholesaler may conduct an educational meeting and provide free samples of alcoholic beverages for the purpose of introducing new products or packaging under the following conditions:

(1) Educational meetings shall be held on licensed premises;

(2) Guests invited to attend educational meetings shall be limited to retail licensees, their employees, and agents;

(3) Only free hors d'oeuvres and drinks shall be served to invited guests;

(4) Free samples of alcoholic beverages served to invited guests shall be limited to products sold by the manufacturer, distributor, or wholesaler;

(5) Invited guests shall not take or keep any gift, favor, or alcoholic beverage packages from the premises where the educational meeting is conducted;

(6) A manufacturer, distributor, or wholesaler may conduct tours of its licensed premises as part of an educational meeting held there; and

(7) A manufacturer, distributor, or wholesaler conducting the event, and the licensee of the premise where the event is held, shall be jointly and severally liable for violations of the alcoholic beverage laws occurring during the event.

History

RELATES TO: KRS 243.130, 243.150, 243.170, 243.180, 243.340, 244.240, 244.590
STATUTORY AUTHORITY: KRS 241.060
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the board to promulgate administrative regulations regarding matters over which the board has jurisdiction. KRS 244.240 and 244.590 prohibit manufacturers, distributors and wholesalers from making any gift or rendering any kind of service to any retail licensee which may tend to influence the retailer to purchase the manufacturers', distributors', or wholesalers' product to the exclusion of a product sold or offered for sale by other persons. This administrative regulation establishes requirements for alcoholic product development and marketing samples.
History: 804 KAR 001:070. ABC 7:10; 1 Ky.R. 840; eff. 5-14-1975; TAm. eff. 4-30-2013; 45 Ky.R. 1820, 2351; eff. 3-8-2019; Crt eff. 2-20-2026.

804 KAR 1:102 General advertising practices {#sec-804-kar-1-102 omnilex-key=us-ky-regs-official--title-804--804 KAR 1:102}

Section 1. Definition. "Social media" means all forms of electronic communication through which users create online communities to share information, ideas, personal messages, and other content.

Section 2.

(1) A licensee may use outdoor advertising.

(2) If outdoor advertising is used by a manufacturer, producer, brewer, winery, distributor, or wholesaler, it shall not:

(a) Include a retail licensee's name or business designation (DBA); or

(b) Refer to a retail licensee in any other way.

Section 3. A licensee may advertise in material directed to the home or business of a consumer if the advertising material is in conformity with KRS 244.130 and this administrative regulation.

Section 4.

(1) Except as provided by subsections (2) and (3) of this section, advertising novelties may be used.

(2) A licensee shall not require the purchase or consumption of an alcoholic beverage as a condition for the sale, gift, or reduction in price of an advertising novelty.

(3) Except as provided by KRS 244.590(2)(a), a malt beverage distributor shall not sell, give away, or furnish advertising novelties, in any manner to a retail licensee.

Section 5. A licensee may advertise by means of radio and television.

Section 6. A licensee may advertise by means of the Internet and social media.

Section 7.

(1) A licensee may sponsor or cosponsor athletic leagues, tournaments, contests, and charitable events if the consumption or purchase of alcoholic beverages is not a requirement for participation.

(2) A licensee sponsoring or cosponsoring an event described in subsection (1) of this section upon a retail licensed premises shall not require the retail licensee to purchase, sell, or distribute the products of the sponsoring licensee as a condition for participation in or in connection with the event.

Section 8. A licensee shall not use the terms "free", "complimentary", or any other terms, that imply or suggest giveaways in the advertising of alcoholic beverages.

Section 9. A licensee shall not advertise a product, service, or activity if the licensee is prohibited by statute or administrative regulation from selling, providing, or conducting it.

Section 10. This administrative regulation shall not be interpreted to relate to direct shipping in accordance with KRS 241.060(1).

History

RELATES TO: KRS 244.130, 244.500, 244.590
STATUTORY AUTHORITY: KRS 241.060(1), 244.130
NECESSITY, FUNCTION, AND CONFORMITY: KRS 244.130 authorizes the Alcoholic Beverage Control Board to regulate the advertising of alcoholic beverages. This administrative regulation establishes standards for advertising in a manner consistent with modern marketing practices.
History: 48 Ky.R. 2884; 49 Ky.R. 344; eff. 11-1-2022.

804 KAR 1:110 Consumer sampling events {#sec-804-kar-1-110 omnilex-key=us-ky-regs-official--title-804--804 KAR 1:110}

Section 1. Charity and Non-Profit Events.

(1) Manufacturers, distributors, and wholesalers may participate in charity or non-profit events at which alcoholic beverages are served, under the following conditions:

(a) The event is held on licensed premises;

(b) The charity or non-profit organization obtains the alcoholic beverages to be served at the event by:

Purchase under a special temporary drink license or special temporary alcoholic beverage auction license;
Purchase from a retail licensee where the event is held; or
Donations under a special temporary alcoholic beverage auction license; and

(c) The participation of manufacturers, distributors, and wholesalers is limited to addressing the attendees, distributing literature, and pouring and serving alcoholic beverage products of the manufacturer, distributor, and wholesaler.

(2) Manufacturers, distributors, and wholesalers participating in charity and non-profit events shall be jointly and severally liable with licensed charities, non-profits, or retailers for violations of the alcoholic beverage control laws occurring during the event.

Section 2. Sampling License Events.

(1) Manufacturers or wholesalers of distilled spirits or wine may participate in retailer sampling licensed events under the following conditions:

(a) The events occur at retail licensed premises where sampling licenses authorized by KRS 243.0307 are held;

(b) Manufacturers and wholesalers may provide their distilled spirits or wine products for sampling license events without cost to retailers holding sampling licenses in an amount not to exceed the wholesale cost of $500 per retail licensee per annum;

(c) Retail licensees holding sampling licenses shall purchase all distilled spirits or wine for events from licensed wholesalers if not provided under the conditions established in subsection (1)(b) of this section; and

(d) The participation of manufacturers and wholesalers in sampling license events is limited to addressing the customers, distributing literature, and pouring and serving samples of their distilled spirits or wine products.

(2) Participating manufacturers or wholesalers and retail licensees holding sampling licenses shall be jointly and severally liable for violations of alcoholic beverage control law occurring during sampling license events.

History

RELATES TO: KRS 243.0307, 243.036, 243.260, 244.240, 244.590
STATUTORY AUTHORITY: KRS 241.060
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the board to promulgate administrative regulations regarding matters over which the board has jurisdiction. KRS 244.240 and 244.590 prohibit manufacturers, distributors, and wholesalers from making any gift or rendering any kind of service to any retail licensee that may tend to influence the retailer to purchase the manufacturers', distributors', or wholesalers' product to the exclusion of a competitor's product. This administrative regulation permits manufacturers, distributors, and wholesalers to participate in certain events where samples are provided to consumers without violating KRS 244.240 and KRS 244.590.
History: 804 KAR 001:110. 10 Ky.R. 97; eff. 8-7-1984; TAm eff. 8-9-2007; TAm eff. 4-30-2013; 40 Ky.R. 1448; 2130; eff. 4-4-2013; 45 Ky.R. 1822, 2351; eff. 3-8-2019; Crt eff. 2-20-2026.

Chapter 2 Advertising Malt Beverages

804 KAR 2:005 Outside signs {#sec-804-kar-2-005 omnilex-key=us-ky-regs-official--title-804--804 KAR 2:005}

Section 1.

(1) Illuminated and like signs, posters, placards, decorations, or graphic displays, which bear a trademark, trade name, trade slogan or facsimile of a product, container, or display, associated with a particular brand, are permitted upon the outside of the licensed premises.

(2) Such outside signs as described in subsection (1) of this section may be given, rented, loaned, or sold to a retailer by an industry member engaged in the business as a brewer or distributor of malt beverages if they have no value to the retailer except as advertising. Provided, that the industry member shall not directly or indirectly pay or credit the retailer for displaying such materials or for the expense incidental to their operation.

History

RELATES TO: KRS 244.130, 244.590,
STATUTORY AUTHORITY: KRS 241.060
NECESSITY, FUNCTION, AND CONFORMITY: KRS 244.130 permits the ABC Board to establish administrative regulations for advertising of alcoholic beverages. KRS 244.590 permits the ABC Board to regulate gifts or services provided by brewers and distributors to retail licensees. The 1984 Session of the General Assembly repealed KRS 244.140 and 244.530, thereby permitting brand name advertising of alcoholic beverages visible outside licensed premises. This administrative regulation governs outside signs provided by malt beverage brewers and distributors to retail licensees.
History: 804 KAR 002:005. ABC 11:21; 1 Ky.R. 632; eff. 4-9-1975; 10 Ky.R. 67; eff. 8-7-1984; Crt eff. 3-26-2019; Crt eff. 2-20-2026.

Chapter 3 Fair Trade; Pricing and Sales

804 KAR 3:100 License may be suspended or revoked for accepting Supplemental Nutrition Assistance Program (SNAP) benefits for alcohol purchases {#sec-804-kar-3-100 omnilex-key=us-ky-regs-official--title-804--804 KAR 3:100}

Section 1. Prohibition Against Alcoholic Beverage Sales Using SNAP Benefits. A licensee of the department shall not accept United States Department of Agriculture Supplemental Nutrition Assistance Program (SNAP) benefits in exchange for an alcoholic beverage.

History

RELATES TO: KRS 243.490(1), 7 U.S.C. 2012(k), 7 U.S.C. 2013(a), 7 C.F.R. 278.6
STATUTORY AUTHORITY: KRS 241.060(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the board to promulgate administrative regulations governing procedures relative to revocations of licenses. KRS 243.490(1) authorizes the board to revoke a license for a violation of any Act of Congress or any rule or regulation of any federal board, agency, or commission relating to alcoholic beverages. 7 U.S.C. 2012(k) and 7 U.S.C. 2013(a) prohibit the sale of alcoholic beverages in exchange for SNAP benefits This administrative regulation provides that any licensee accepting SNAP benefits in exchange for alcoholic beverages is subject to having its alcoholic beverage license suspended or revoked.
History: ABC 17:10; 1 Ky.R. 841; eff. 5-14-1975; TAm eff. 8-9-2007; TAm eff. 7-15-2014; 43 Ky.R. 1687; 1954; eff. 6-2-2017; Cert eff. 5-13-2024.

Chapter 4 Licensing

804 KAR 4:015 Interlocking substantial interest between licensees prohibited {#sec-804-kar-4-015 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:015}

Section 1. Definitions.

(1) "Manufacturer" means a person or entity who is a distiller, rectifier, winery, brewer, or who otherwise produces alcoholic beverages, whether located within or without this state.

(2) "Retailer" means a person or entity who sells alcoholic beverages at retail, whether located within or without this state, excepting manufacturers with limited retail privileges or the right to hold certain retail licenses.

(3) "Substantial interest" means:

(a) Membership in, or a direct or indirect ownership interest in, a business, sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or other legal entity, whether individually, or by a spouse, or in combination with a spouse, which amounts to ten (10) percent or greater of the total ownership or membership interests;

(b) A common officer, director, manager, or employee with managerial responsibilities, in a business, sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or other legal entity;

(c) A common owner, partner, or member, including a spouse, the aggregate share of which is ten (10) percent or greater of the total ownership of, or membership in, a business, sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or other legal entity; or

(d) Any other direct or indirect interest which provides an ability to control or influence decisions by a business, sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or other legal entity.

(4) "Wholesaler" means a person or entity who is a wholesaler, distributor, or who sells alcoholic beverages at wholesale, located within this state.

Section 2. A manufacturer shall not have or acquire a substantial interest in the establishment, maintenance, or operation of the business of a wholesaler or a retailer. A manufacturer shall not have or acquire, by ownership, leasehold, mortgage, or otherwise, directly or indirectly, a substantial interest in the premises of a retailer.

Section 3. A wholesaler shall not have or acquire a substantial interest in the establishment, maintenance, or operation of the business of a manufacturer or retailer. A wholesaler shall not have or acquire, by ownership, leasehold, mortgage, or otherwise, directly or indirectly, a substantial interest in the premises of a retailer.

Section 4. A retailer shall not have or acquire a substantial interest in the establishment, maintenance, or operation of the business of a manufacturer or wholesaler.

Section 5. The malt beverage administrator and distilled spirits administrator, as appropriate, shall examine every applicant for a new or renewal license to determine whether issuance or renewal of the license is prohibited under applicable law or this administrative regulation. If the issuance or renewal of the license is prohibited, the appropriate administrator shall not issue or renew the license.

Section 6. This administrative regulation shall not apply to:

(1) Prohibit an affiliated business arrangement which meets the requirements provided in 804 KAR 4:280, Section 2;

(2) A license issued prior to June 24, 2015, for any prohibited substantial interests resulting from the ownership interests of a spouse; or

(3) A license issued prior to December 1, 1976.

History

RELATES TO: KRS 243.030, 243.040, 243.110, 244.240, 244.570, 244.590
STATUTORY AUTHORITY: KRS 241.060
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060 authorizes the board to promulgate administrative regulations regarding matters over which the board has jurisdiction. The control of alcoholic beverages in the Commonwealth of Kentucky, as codified in Chapters 241 - 244 of the Kentucky Revised Statutes, has been established by the Kentucky legislature as a "three tiered" system. The three (3) tiers of this system are designated as manufacturer/producer, wholesaler/distributor, and retailer. Each of these three (3) levels operates separately, distinctly, and apart from each other for the purpose of control. In order for this control to be effectively administered by this board, it is necessary to prevent any type of interlocking substantial interest by and among the three (3) separate tier levels. This administrative regulation provides additional detail regarding incompatible licenses and prohibited interlocking substantial interests among the tiers.
History: 3 Ky.R. 426; eff. 12-1-1976; Am. 17 Ky.R. 1860; 2192; eff. 12-14-1990; 27 Ky.R. 1334; 1803; eff. 1-15-2001; 42 Ky.R. 525; 1571; 1736; eff. 1-4-2016; Cert. eff. 9-13-2022.

804 KAR 4:100 Records to be retained {#sec-804-kar-4-100 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:100}

Section 1.

(1) Pursuant to KRS 244.150(1), a licensee is required to keep on file on the licensed premises for a period of two (2) years, true and correct copies of:

(a) All reports relating to trafficking in alcoholic beverages required by the federal government, the Kentucky Department of Revenue or the Kentucky Department of Alcoholic Beverage Control.

(b) Invoices, receipts and other pertinent information relating to the licensee's traffic in alcoholic beverages.

(c) Invoices, receipts and other pertinent information relating to the licensee's purchases and sales of food, if the licensee holds a license type which requires maintenance of minimum percent of its gross receipts from the sales in food.

(2) All reports, invoices and other information shall be available at all reasonable times for inspection by authorized representatives of the Department of Revenue or the Kentucky Department of Alcoholic Beverage Control, and failure to make those available shall be deemed cause for revocation of the license.

Section 2. Every invoice for the sale of malt beverages from a malt beverage distributor to a retail beer licensee shall be signed by the retail beer licensee or its agent.

Section 3. A licensee functioning under the provisions of KRS 242.123 or 242.185 shall keep and maintain records in accordance with the provisions of this administrative regulation.

History

RELATES TO: KRS 242.123, 244.150, 242.185
STATUTORY AUTHORITY: KRS 241.060, 244.150
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the Alcoholic Beverage Control Board to promulgate administrative regulations governing procedures relative to the sale, manufacture, and trafficking of alcoholic beverages. KRS 244.150 requires licensees under KRS 243.020 to 243.670 to keep and maintain adequate records of all transactions and requires the agency to prescribe the type and retention schedule for those records by administrative regulation. KRS 242.123 and 242.285 authorize licenses that also require the monitoring of records. This administrative regulation establishes the requirements for records.
History: 804 KAR 004:100. ABC 3:100; 1 Ky.R. 356; eff. 2-5-1975; 8 Ky.R. 356; eff. 1-6-1982; 31 Ky.R. 619; 936; eff. 11-26-2004; TAm eff. 4-27-2016; Crt eff. 3-26-2019; Crt eff. 2-20-2026.

804 KAR 4:110 Dormant license renewal {#sec-804-kar-4-110 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:110}

Section 1.

(1) Any wholesale, distributor, or retail license under which no business is transacted during a period of ninety (90) days shall be revoked by the Alcoholic Beverage Control Board or surrendered.

(2) The provisions of subsection (1) of this section shall not apply to any licensee who is unable to continue in business at the licensed premises due to an act of God, casualty, the acquisition of the premises by any federal, state, city or other governmental agency under power of eminent domain, acquisition by any private corporation through its power of eminent domain granted to it, whether such acquisition is voluntary or involuntary, loss of lease through failure of landlord to renew existing lease, court action or other verifiable business reason. The licensee shall apply to place the license in dormancy by furnishing to the Department of Alcoholic Beverage Control a verified statement setting forth the fact that the licensee is unable to continue in business at his licensed premises, for any of the reasons set forth herein prior to the discontinuance of business. The license shall continue to remain in effect during the license period or until it is transferred to another premises or person. No license shall be considered valid unless business is conducted thereunder within twelve (12) months from date of first notice to the board. The board may extend this dormancy period for up to an additional twelve (12) months for good cause shown.

(3) Licenses placed in dormancy shall be renewed and renewal fees paid in the same manner as active licenses.

(4)

(a) If negotiations for a buy-out of a license privilege issued under KRS 243.030 or 243.040(3) may extend thirty (30) days beyond the date of expiration of the seller's license or licenses, then the distilled spirits administrator or the malt beverage administrator shall be notified in writing of the transaction or negotiations not less than ten (10) days prior to the expiration date of the license or licenses involved. The appropriate administrator may then extend the time for filing a renewal or application for the license or licenses for a reasonable length of time not to exceed sixty (60) days.

(b) If a buy-out of an existing license privilege under KRS 243.030 or 243.040(3) extends over the renewal period and the license or licenses have not been renewed by the seller, the purchaser shall pay the annual license fee for the whole fiscal year or from the expiration date of the license privilege sought to be purchased, whichever is greater.

(c) If a license privilege under KRS 243.030 or 243.040(3) qualifies under Section 2 of this administrative regulation, the purchaser of the privilege may place the license in dormancy in the manner provided by this administrative regulation.

Section 2. All licenses carried in a dormant status in the records of the Department of Alcoholic Beverage Control on the date this administrative regulation becomes effective shall be subject to the provisions of this administrative regulation. The time periods contained in this administrative regulation shall be calculated from the effective date of this administrative regulation for these licensees. The records of the board granting a license dormant status shall be prima facie evidence that the license is valid.

History

RELATES TO: KRS 243.020, 243.030, 243.040, 243.090, 243.430
STATUTORY AUTHORITY: KRS 241.060
NECESSITY, FUNCTION, AND CONFORMITY: Since Kentucky operates under a quota system for the number of distilled spirits licenses available, and since many quotas are filled and no new licenses are available, it would be unfair to those desiring a license to be precluded from obtaining a license because some licenses were issued but not being used by the licensee. Therefore, it is necessary that a licensee actually conduct the business authorized by the license or else the license will become dormant. Realizing that a licensee, like any other business, may have his business interrupted by situations not under his control, various exceptions to the dormancy rule have been included in the administrative regulation.
History: 804 KAR 004:110. ABC 3:110; 1 Ky.R. 356; eff. 2-5-1975; 17 Ky.R. 1569; eff. 11-29-1990; TAm eff. 7-15-2014; Crt eff. 3-26-2019; Crt eff. 2-20-2026.

804 KAR 4:212 In-state distilled spirits supplier license {#sec-804-kar-4-212 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:212}

Section 1. Definition. "In-state distilled spirits supplier" means a resident brand owner and supplier of distilled spirts products who does not operate a distillery, but through other legal means creates distilled spirits products to sell under its own brand name.

Section 2. License.

(1) An in-state distilled spirits supplier license shall authorize the licensee to:

(a) Sell distilled spirits under brands that the licensee owns, for which the licensee is the primary source of supply, or in which the licensee has an exclusive interest, at wholesale to wholesalers in the Commonwealth; and

(b) Advertise distilled spirits brands that the licensee is authorized to sell in accordance with KRS 244.130.

(2) An in-state distilled spirits supplier license shall not authorize the licensee to purchase, transport, store, or possess distilled spirts for the purposes of sale.

Section 3. Qualifications.

(1) To qualify for an in-state distilled spirits supplier license, the applicant shall:

(a) Reside in Kentucky;

(b) Be the owner, the primary source of supply, or have an exclusive interest in a particular brand of distilled spirits;

(d) Register with the Kentucky Department of Revenue; and

(e) Comply with all federal and state laws and regulations.

(2) An applicant that wishes to sell 50,000 or more gallons of distilled spirits shall:

(a) Complete the New License Application pursuant to 804 KAR 4:400 for an in-state distilled spirits supplier license through the department's Online portal at https://abcportal.ky.gov/BELLEExternal; and

(b) Pay an annual fee equal to the amount of the fee for the out-of-state distilled spirits and wine supplier's license under KRS 243.030(30).

(3) An applicant that wishes to sell less than 50,000 gallons of distilled spirits shall:

(a) Complete the New License Application pursuant to 804 KAR 4:400 for a limited in-state distilled spirits supplier license through the department's Online portal at: https://abcportal.ky.gov/BELLEExternal; and

(b) Pay an annual fee equal to the amount of the fee for the limited out-of-state distilled spirits and wine supplier's license under KRS 243.030(31).

Section 4. Prohibited Substantial Interests. An in-state distilled spirits supplier license applicant and in-state distilled spirits supplier licensee shall comply with 804 KAR 4:015 and shall be considered a manufacturer as defined in 804 KAR 4:015.

Section 5. Brand Registration. In accordance with 804 KAR 4:410 and KRS 244.440, an in-state distilled spirits supplier licensee shall register with the department all brands the licensee intends to sell in Kentucky.

Section 6. Taxes. An in-state distilled spirits supplier licensee shall pay all applicable taxes for the sales of its products.

Section 7. Direct Shipper Licenses. This administrative regulation shall not be interpreted to relate to direct shipper licenses.

History

RELATES TO: KRS 243.030(35)
STATUTORY AUTHORITY: KRS 241.060, 243.030(35)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060 authorizes the board to promulgate reasonable administrative regulations governing procedures relative to the applications for and revocations of licenses, and the supervision and control of the use, manufacture, sale, transportation, storage, advertising, and trafficking of alcoholic beverages. KRS 243.030(35) authorizes the board to promulgate administrative regulations to provide for special licenses that the board finds necessary for the proper regulation and control of the traffic in distilled spirits and wine. This administrative regulation provides for the creation of an in-state distilled spirits supplier license to regulate the traffic in distilled spirits by resident owners and suppliers of distilled spirits brands.
History: 804 KAR 004:212. 48 Ky.R.1435, 2082; eff. 4-5-2022; 51 Ky.R. 1547, 1852; eff. 8-5-2025.

804 KAR 4:221 Alternating proprietorship agreements {#sec-804-kar-4-221 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:221}

Section 1. Definition. "Alternating proprietorship agreement" means a written agreement under which two (2) or more licensees share possession or ownership of a licensed premises and alternate exclusive use of the premises over the term of the agreement.

Section 2. A licensed premises shall meet the requirements of KRS 243.220 if it is owned or possessed for a term not less than the license period by two (2) or more eligible licensees under an authorized alternating proprietorship agreement.

Section 3. A licensee shall not enter into an alternating proprietorship agreement with any person who holds a Kentucky alcoholic beverage license that the licensee is prohibited from holding under Kentucky law.

Section 4. Licensees who share a licensed premises in accordance with an alternating proprietorship agreement shall individually meet all requirements of their licenses.

Section 5. This administrative regulation shall not be interpreted to relate to direct shipper licenses.

Section 6. Federal Law. This administrative regulation shall not exempt a person from complying with any applicable federal laws.

History

RELATES TO: KRS 243.220
STATUTORY AUTHORITY: KRS 241.060
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the board to promulgate reasonable administrative regulations governing procedures relative to the applications for and revocations of licenses, and the supervision and control of the use, manufacture, sale, transportation, storage, advertising, and trafficking of alcoholic beverages. This administrative regulation provides for the sharing of a licensed premises between two (2) or more licensees in accordance with an alternating proprietorship agreement.
History: 48 Ky.R. 1437, 2108, 2222; eff. 5-3-2022.

804 KAR 4:230 Extended hours supplemental licenses {#sec-804-kar-4-230 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:230}

Section 1. Extended Hours Supplemental License Sales Times. A licensee holding an Extended Hours Supplemental License (ESL) may engage in the retail sale of alcoholic beverages at the times and days set forth in subsections

(1) and (2) of this section. (1) Nonquota type 1 licensees and qualified historical site licensees may sell alcoholic beverages each day of the week between 6:00 a.m. and midnight.

(2) A commercial airlines system or charter flight system holding a nonquota type 1 license, or a retail licensee located within a commercial airport, may sell alcoholic beverages during the twenty-four (24) hours of every day.

History

RELATES TO: KRS 243.030(16), 243.042, 243.050, 243.082, 244.290, 244.480
STATUTORY AUTHORITY: KRS 241.060, 243.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060 authorizes the board to promulgate administrative regulations regarding matters over which the board has jurisdiction. KRS 243.050 authorizes the board to establish alcoholic beverage sales days and times for holders of extended hours supplemental licenses by administrative regulation. This administrative regulation establishes the alcoholic beverage sales days and times for holders of extended hours supplemental licenses.
History: 9 Ky.R. 297; eff. 9-8-1982; 30 Ky.R. 1092; 1511; eff. 1-5-2004; 33 Ky.R. 1147; 1532; eff. 1-5-2007; 41 Ky.R. 331; 761; eff. 10-31-2014; 43 Ky.R. 2222; 44 Ky.R. 523; eff. 10-6-2017; Cert eff. 9-25-2024.

804 KAR 4:251 Special temporary licenses {#sec-804-kar-4-251 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:251}

Section 1. Definition. "Organized civic or community-sponsored event" means a public gathering of broad appeal where citizens are invited and encouraged to attend without significant cost of admission that is sponsored or acknowledged by the city or county government in which the event is conducted, including any convention, conference, celebration, pageant, parade, festival, fair, public display, commemoration, or other type of public assemblage conducted for the benefit and enjoyment of the general public.

Section 2. An applicant for a special temporary license pursuant to KRS 243.260 shall complete the Temporary License Application electronically in accordance with 804 KAR 4:400 through the department's Online portal. The applicant shall complete and submit their application no later than five (5) working days prior to the date for which the license is requested.

Section 3. An applicant for a special temporary license pursuant to KRS 243.260 shall provide supplemental information as the administrator shall deem necessary for proper review of the application.

Section 4. For purposes of the issuance of special temporary licenses pursuant to KRS 243.260, necessity,in the opinion of the board, shall limit applicants to:

(1) A regularly organized fair, exposition, racing association, nonprofit organization, or political campaign function; or

(2) A for-profit individual, corporation, or organization if the license will be used in conjunction with an organized civic or community-sponsored event.

Section 5. For-profit individual, corporate, or organizational applicants for a temporary license in conjunction with an organized civic or community-sponsored event shall submit written or documentary evidence of the civic nature of the event, including promotional materials or news articles evidencing the local government's knowledge of, and support for, the event for which the applicant seeks a temporary license.

History

RELATES TO: KRS 243.260
STATUTORY AUTHORITY: KRS 241.060
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the board to promulgate reasonable administrative regulations governing procedures relative to applications for licensure. KRS 243.260 authorizes the issuance of a special temporary license in wet territory to any regularly organized fair, exposition, racing association, or other party, when, in the opinion of the board a necessity for the license exists. This administrative regulation establishes application procedures and requirements for special temporary licenses.
History: 804 KAR 004:251. 48 Ky.R. 1439, 2083; eff. 4-5-2022; 51 Ky.R. 1549, 1853; eff. 8-5-2025.

804 KAR 4:270 Substantial part/staple groceries defined {#sec-804-kar-4-270 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:270}

Section 1. For the purpose of enforcing KRS 243.230(5) "substantial part of the commercial transaction" shall mean ten (10) percent or greater of the gross sales receipts as determined on a monthly basis.

Section 2. For the purpose of enforcing KRS 243.230(5) staple groceries shall be defined as any food or food product intended for human consumption except alcoholic beverages, tobacco, soft drinks, candy, hot foods and food products prepared for immediate consumption.

History

RELATES TO: KRS 243.230(5)
STATUTORY AUTHORITY: KRS 241.060
NECESSITY, FUNCTION, AND CONFORMITY: KRS 243.230(5) precludes the issuance of retail package and drink liquor licenses to premises used "as or in connection with the operation of any business in which a substantial part of the commercial transaction consists of selling at retail staple groceries or gasoline and lubricating oil." The statute does not define "substantial part of the commercial transaction" or "staple groceries." This administrative regulation is adopted to eliminate the confusion that an absence of such definitions has caused.
History: 804 KAR 004:270. 11 Ky.R. 1007; 1124; eff. 2-12-1985; Crt eff. 3-26-2019; Crt eff. 2-20-2026.

804 KAR 4:280 Affiliated businesses {#sec-804-kar-4-280 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:280}

Section 1. For the purpose of this administrative regulation an affiliated business of a distiller, rectifier, winery, wholesaler, brewer, or distributor is a corporate entity owned in whole or in part, directly or indirectly, by a corporation which itself also owns in whole or in part a corporation engaged in the business of distiller, rectifier, winery, wholesaler, brewer, or distributor.

Section 2. For the purposes of KRS 244.240 and KRS 244.570 the term "indirectly" shall not preclude an affiliated business of a distiller, rectifier, winery, wholesaler, brewer, or distributor from having an ownership or leasehold interest in a property for which a retail alcoholic beverage license is issued, provided all the following conditions are met:

(1) The affiliated business is not a wholly owned subsidiary of a distiller, rectifier, winery, wholesaler, brewer, or distributor.

(2) The affiliated business does not wholly own a business entity engaged in the business of distiller, rectifier, winery, wholesaler, brewer, or distributor.

(3) The affiliated business is not engaged in any manner in the business of distiller, rectifier, winery, wholesaler, brewer, or distributor.

(4) The affiliated business does not itself hold any retail licenses.

(5) The affiliated business and the distiller, rectifier, winery, wholesaler, brewer, or distributor shall have separate management and in no case shall the affiliated business and the distiller, rectifier, winery, wholesaler, brewer, or distributor have more than twenty-five (25) percent of their officers or directors in common.

Section 3. The provisions of this administrative regulation in no manner relieve any distiller, rectifier, winery, wholesaler, brewer, or distributor from the provisions of KRS 244.240, 244.590 and 244.600.

History

RELATES TO: KRS 244.240, 244.570
STATUTORY AUTHORITY: KRS 241.060
NECESSITY, FUNCTION, AND CONFORMITY: KRS 244.240 prohibits a distiller, rectifier, vintner or wholesaler or an employee thereof from being interested "directly or indirectly" in any way in any premises where distilled spirits or wine are sold at retail or any business devoted wholly or partially to the sale of distilled spirits or wine at retail. KRS 244.570 prohibits a brewer or distributor "either directly or indirectly" from having an ownership or leasehold interest in any property for which a retail license is issued. The trend in the alcoholic beverage industry today, as well as in American business generally, is toward diversification. It is a common practice for manufacturers, wholesalers and distributors, to be owned by holding companies which may also own many other businesses unrelated to the manufacture or distribution of alcoholic beverages. Because of the rise of this diversification, it has become more difficult to determine whether an "indirect" interest in a retail premises exists. This administrative regulation will eliminate any confusion relating to the application of KRS 244.240 and/or KRS 244.570 to businesses affiliated with distillers, rectifiers, wineries, wholesalers, brewers, and distributors.
History: 804 KAR 004:280. 12 Ky.R. 1120; eff. 1-3-1986; TAm eff. 4-30-2013; Crt eff. 3-26-2019; Crt eff. 2-20-2026.

804 KAR 4:330 Procedures for violations of KRS 244.165 {#sec-804-kar-4-330 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:330}

Section 1.

(1) If the department finds probable cause that a first offense violation of KRS 244.165 has occurred, it shall:

(a) Issue an administrative citation to the alleged violator; and

(b) Conduct a hearing on the charge in accordance with KRS Chapter 13B.

(2) If the board determines that a violation occurred, it shall issue a cease and desist order to the violator.

Section 2. In a proceeding brought pursuant to KRS 244.165, the department shall bear the burden of proving that the alleged violation was accompanied by the following mental state:

(1) Willful;

(2) Intentional; or

(3) Reckless.

Section 3. A person found to have willfully, intentionally, or recklessly committed a second or subsequent violation of KRS 244.165, shall be referred to the Commonwealth's Attorney for criminal prosecution in the county of venue.

History

RELATES TO: KRS 243.155, 244.165
STATUTORY AUTHORITY: KRS 241.060(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the State Alcoholic Beverage Control Board to promulgate administrative regulations regarding control of the sale of alcoholic beverages. This administrative regulation is necessary to provide procedural due process for a person or business alleged to have committed a violation of KRS 244.165.
History: 23 Ky.R. 2367; 2989; eff. 2-14-1997; 33 Ky.R. 1152; eff. 1-5-2007; TAm eff. 4-28-2015; Crt eff. 3-26-2019; Crt to Am. 2-20-2026.

804 KAR 4:370 Entertainment destination center license {#sec-804-kar-4-370 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:370}

Section 1. Definition. "Entertainment destination center" or "EDC" means premises:

(1) That meet the incentive qualifications for an entertainment destination center project as set forth in KRS 148.853(2)(b)1.;

(2) Located in a wet county or city that has enacted an ordinance that:

(a) Determines an entertainment destination center licensed premises would aid economic growth and tourism in the county or city; and

(b) Defines the geographic boundaries of the EDC; or

(3) That contain a minimum of 100,000 square feet of building space, located within one (1) mile of:

(a) An existing tourism attraction; or

(b) A convention center.

Section 2. Sales by EDC Licensee. An EDC licensee may sell alcoholic beverages by the drink at one (1) or more nonpermanent locations within any common area of the EDC.

Section 3. Sales by Other Licensed Businesses.

(1) Each business located within an EDC that sells alcoholic beverages shall hold the necessary alcoholic beverage license or licenses for its premises.

(2) A licensee within or adjacent to the EDC may sell alcoholic beverages from one (1) or more nonpermanent locations within any common area of the EDC if:

(a) The licensee holds a supplemental bar license for each nonpermanent location; and

(b) The licensee holds written permission for these sales by the EDC licensee.

Section 4. Drink Consumption in Common Areas and Other Licensed Premises.

(1) A licensee located in or adjacent to the EDC may allow patrons to leave its premises with alcoholic beverage drinks and consume those drinks at other licensed premises or any EDC common area if the EDC licensee:

(a) Possesses the common area by deed, lease, or permit;

(b) Provides adequate security for the common area;

(c) Ensures that any portion of a public thoroughfare included in a common area is controlled in a manner that ensures public safety and pedestrian protection from vehicular traffic; and

(d) Has granted written permission for this conduct.

(2) The EDC licensee shall prohibit patrons from taking alcoholic beverages outside the physical boundaries of the EDC.

(3) If the board suspends or revokes the EDC license, all retail drink sales and consumption in any EDC common area shall be prohibited.

Section 5. Minors in the Common Area. In addition to authorized businesses listed in KRS 244.085(5) and (6), minors shall be permitted in EDC common areas if allowed by the EDC licensee.

Section 6. Additional Storage Location. As permitted by the EDC licensee in a written agreement, a licensee located in the EDC may store alcoholic beverages at an identified storage location in the EDC separate from its licensed premises.

History

RELATES TO: KRS 148.853(2)(b), 241.060(1), 243.030(21), (35), 243.040, 243.050
STATUTORY AUTHORITY: KRS 241.060(1), 243.030(21), (35), 243.040
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the board to promulgate administrative regulations regarding matters over which the board has jurisdiction. KRS 243.030(21) and (35) authorizes the department to issue an entertainment destination center license. This administrative regulation defines the term entertainment destination center and establishes the privileges and responsibilities of an entertainment destination center license.
History: 29 Ky.R. 1712, Am. 2289; eff. 3-19-2003; 31 Ky.R. 623; eff. 11-26-2004; TAm eff. 8-9-2007; 35 Ky.R. 1590; 1758; eff. 3-6-2009; 38 Ky.R. 2049; eff. 8-31-2012; TAm eff. 7-15-2014; 41 Ky.R. 2630; 42 Ky.R. 375; 685; eff. 10-2-2015; 43 Ky.R. 1452, 1733; eff. 5-5-2017; TAm eff. 8-1-2018; Cert eff. 4-15-2024.

804 KAR 4:390 License renewals {#sec-804-kar-4-390 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:390}

Section 1. Definition. "Batch renewal" means the simultaneous renewal of multiple licenses held by a licensee for more than two (2) premises.

Section 2. Monthly Renewal Schedule.

(1) All licenses in Ballard, Breckinridge, Bullitt, Butler, Caldwell, Calloway, Carlisle, Christian, Crittenden, Cumberland, Daviess, Edmonson, Fulton, Graves, Grayson, Green, Hancock, Hardin, Hart, Henderson, Hickman, Larue, Livingston, Lyon, Marshall, McCracken, McLean, Meade, Metcalfe, Monroe, Ohio, Owen, Spencer, Trigg, Trimble, Union, and Webster Counties shall have an annual term beginning February 1 and ending January 31 of the following year and shall be renewed in the month of January by submitting the renewal application by January 31.

(2) All licenses in Adair, Allen, Barren, Bath, Bell, Boyle, Breathitt, Casey, Clark, Clay, Clinton, Elliott, Estill, Fleming, Floyd, Garrard, Harlan, Harrison, Hopkins, Jackson, Jessamine, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lincoln, Logan, Madison, Magoffin, Marion, Martin, McCreary, Menifee, Mercer, Montgomery, Morgan, Muhlenberg, Nelson, Owsley, Perry, Powell, Pulaski, Rockcastle, Russell, Simpson, Taylor, Todd, Warren, Washington, Wayne, and Whitley Counties shall have an annual term beginning May 1 and ending April 30 of the following year and shall be renewed in the month of April by submitting the renewal application by April 30.

(3) All licenses in Anderson, Bourbon, Boyd, Bracken, Carroll, Carter, Franklin, Gallatin, Grant, Greenup, Henry, Lewis, Mason, Nicholas, Oldham, Pendleton, Pike, Robertson, Rowan, Scott, Shelby, Wolfe, and Woodford Counties shall have an annual term beginning July 1 and ending June 30 of the following year and shall be renewed in the month of June by submitting the renewal application by June 30.

(4) All licenses in Jefferson County shall have an annual term beginning November 1 and ending October 31 of the following year and shall be renewed in the month of October by submitting the renewal application by October 31.

(5) All licenses in Boone, Campbell, Fayette, and Kenton Counties shall have an annual term beginning December 1 and ending November 30 of the following year and shall be renewed in the month of November by submitting the renewal application by November 30.

(6) The license of a statewide or out-of-state licensee shall have an annual term beginning January 1 and ending December 31 of the same year and shall be renewed in December by submitting the renewal application by December 31.

Section 3. Batch Renewals.

(1) A licensee that holds multiple licenses for more than two (2) premises may renew the licenses by batch at the same time. To complete a batch renewal, a licensee shall notify the department in writing.

(2) All batch renewals shall have an annual term beginning September 1 and ending August 31 of the following year and shall be renewed in August by submitting the renewal application by August 31.

(3) Unless a licensee notifies the department of its intent to renew premises licenses by batch renewal, licenses shall be renewed pursuant to Section 2 of this administrative regulation.

Section 4. Renewal of Producer Licenses with Maximum Production Limits.

(1) The following licensees shall, for the dates identified on the renewal application, submit:

(a) For Small Farm Wineries, the federal Report of Wine Premises Operation, TTB F 5120.17;

(b) For Microbreweries, the federal Brewer's Report of Operations, TTB F 5130.9;

(d) For Class B Craft Rectifiers, the federal Monthly Report of Processing Operations, TTB F 5110.28.

(2) The department may deny a license renewal application if the licensee exceeds a production limit, fails to meet required food sales percentages, or if the license renewal would otherwise be contrary to law.

Section 5. Renewal Grace Period. If a licensee fails to renew its license by the expiration date, the department shall grant not more than one (1) extension that shall not exceed thirty (30) days from the original expiration date. The licensee shall not conduct any activity related to alcoholic beverages during the extension. A license not renewed during the thirty (30) day extension period shall not be renewed thereafter for any reason, and the licensee shall apply for a new license.

History

RELATES TO: KRS 243.090(1)
STATUTORY AUTHORITY: KRS 241.060(1), 243.090(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060 authorizes the board to promulgate administrative regulations regarding matters over which the board has jurisdiction. KRS 243.090(1) requires the board to establish a year-round system for renewal of licenses. This administrative regulation establishes a year-round system for license renewals and attendant requirements.
History: 31 Ky.R. 655; Am. 938; eff. 11-26-2004; 35 Ky.R. 1592; 1759; eff. 3-6-2009; 40 Ky.R. 170; eff. 10-4-2013; 42 Ky.R. 126; 771; 1176; eff. 11-6-2015; 43 Ky.R. 332, 545; eff. 11-4-2016; 44 Ky.R. 339; eff. 11-3-2017; Cert eff. 10-30-2024.

804 KAR 4:400 Applications incorporated by reference {#sec-804-kar-4-400 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:400}

Section 1. Definition. "Online portal" means the department's online licensing management portal located at https://abcportal.ky.gov/BELLEExternal.

Section 2. Online Application for Alcoholic Beverage or Cannabis-Infused Beverage License.

(1) An applicant for an alcoholic beverage or cannabis-infused beverage license shall complete the New License Application at the online portal.

(2) To renew a license pursuant to KRS 243.090 and 804 KAR 4:390, a licensee shall complete the License Renewal Application at the online portal.

Section 3. Transfer of Ownership Interest Application.

(1) A buyer seeking to acquire, or a licensee seeking to transfer ten (10) percent or more ownership interest in a licensed business shall complete the Transfer of Ownership Application at the online portal.

(2) Although a licensee is not required to file an application for ownership interest transfers of less than ten (10) percent, a licensee shall notify the department in writing of all ownership interest transfers of less than ten (10) percent of the licensed business at the online portal..

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "New License Application", June 2025

(b) " License Renewal Application", November 2024;

(d) "Affidavit", November 2024;

(e) "Instructions", November 2024;

(f) "Temporary License Application", November 2024;

(g) "Additional License Application", November 2024;

(h) "Transfer of Ownership Application", November 2024; and

(i) "License Types List", June 2025.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Alcoholic Beverage Control, 500 Mero St 2NE33, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the department's Web site, http://www.abc.ky.gov/.

History

RELATES TO: KRS 241.060(1), 243.090, 243.380, 243.390, 243.630
STATUTORY AUTHORITY: KRS 241.060(1), 243.380, 243.390, 243.630
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the board to promulgate administrative regulations regarding matters over which the board has jurisdiction, including applications for licenses. KRS 243.380(2) and 243.390 require the board to promulgate an administrative regulation to establish the form of license applications. KRS 243.630(5) and (6) require licensees to apply in writing for department approval of the transfer of a license or a licensed business to a different premises or for the transfer of ten (10) percent or more ownership interest to a new person or entity. This administrative regulation prescribes the form of license applications utilized by the department.
History: 33 Ky.R. 1218; 1537; eff. 1-5-2007; 35 Ky.R. 1594; 1760; eff. 3-6-2009; 40 Ky.R. 444; 811; eff. 11-1-2013; 1450; 2131; eff. 4-14-2014; 41 Ky.R. 333; 762; eff. 10-31-2014; 42 Ky.R. 527; eff. 11-6-2015; 43 Ky.R. 334, 546; eff. 11-4-2016; 44 Ky.R. 341; 731; eff. 11-3-2017; TAm eff. 12-3-2019; 51 Ky.R. 1550, 52 Ky.R. 390; eff. 7-31-2025.

804 KAR 4:410 Product registration and forms {#sec-804-kar-4-410 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:410}

Section 1. Product Registration. Licensees required to register product brands and flavors shall use the Online Product Registration Portal to complete the online registration process at: https://www.productregistrationonline.com/GetStarted/Ky#selectPermit.

Section 2. Forms. A person shall complete and submit the following additional forms as needed or requested by the department:

(1) Dormancy Request Form;

(2) Non-Transfer Affidavit Form; and

(3) Refund Request Form.

Section 3. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Online Product Registration Portal", June 2017;

(b) "Dormancy Request Form", November 2024;

(d) "Refund Request Form", November 2024.

History

RELATES TO: KRS 13A.110, 241.060(1), 243.380, 243.390
STATUTORY AUTHORITY: KRS 241.060(1), 243.380, 243.390, 244.440, 244.585
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the board to promulgate administrative regulations regarding matters over which the board has jurisdiction.
History: 804 KAR 004:410. 33 Ky.R. 1219, 1537; eff. 1-5-2007; 34 Ky.R. 648, 985; eff. 12-7-2007; 40 Ky.R. 446, 811; eff. 11-1-2013, 1452, 2132; eff. 4-4-2014; 41 Ky.R. 334; 762; eff. 10-31-2014; 42 Ky.R. 528, 1177; eff. 11-6-2015; 43 Ky.R. 336, 547; eff. 11-4-2016; 44 Ky.R. 343, 731; eff. 11-3-2017; TAm eff. 12-3-2019; 51 Ky.R. 1552, 1853; eff. 8-5-2025.

804 KAR 4:415 Direct shipper license {#sec-804-kar-4-415 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:415}

Section 1. Qualifications. To qualify for a direct shipper Type A or Type B license, the applicant shall:

(1) For a direct shipper Type A license, hold a current license, permit, or other authorization to manufacture or supply alcoholic beverages in the state where it is located or a current license in this state under KRS 243.212 or 243.215 to supply alcoholic beverages; or

(2) For a direct shipper Type B license, hold a current license, permit, or other authorization to manufacture or supply cannabis-infusted beverages in the state where the applicant is located;

(3) Submit to the department their current license, permit, or other authorization to manufacture, store, or supply alcoholic beverages or cannabis-infused beverages in the state where the applicant is located through the department's online portal at https://abcportal.ky.gov/BELLEExternal;

(4) Complete the online New License Application through the department's online portal at https://abcportal.ky.gov/BELLEExternal; and

(5) Pay the annual license fee established in KRS 243.030(33) or (39).

Section 2. Incorporation by Reference.

(1) "Online Direct Shipper License Application", October 2021, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Department of Alcoholic Beverage Control, 500 Mero Street, 2 NE 33, Frankfort, Kentucky 40601,Monday through Friday, 8:00 a.m. to 4:30 p.m.

History

RELATES TO: KRS 241.060(1), 243.027
STATUTORY AUTHORITY: KRS 241.060, 243.027
NECESSITY, FUNCTION, AND CONFORMITY: KRS 243.027(4) requires the Department of Alcoholic Beverage Control to establishthe form for a direct shipper license application. In relation to the direct shipper license, KRS 241.060(1) authorizes the Department only to promulgate an administrative regulation to establish the license application. This administrative regulation establishes the application for direct shipper Type A and Type B licenses .
History: 804 KAR 004:415. 47 Ky.R. 485, 627, 1218, 1387; eff. 12-14-2020; 48 Ky.R. 1919; eff.5-31-2022; 51 Ky.R. 1554, 1946, 52 Ky.R. As Am IJC 391; eff. 7-31-2025.

804 KAR 4:480 License surrender {#sec-804-kar-4-480 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:480}

Section 1. The surrender or expiration of a license shall not affect a proceeding to suspend or revoke a license. The board shall retain the authority to enforce relevant provisions and penalties of KRS Chapters 241 to 244 against any individual or business entity who is under investigation for or charged with a violation of those chapters, even if the individual's or business entity's license has been surrendered or has lapsed by operation of law.

Section 2. This administrative regulation shall not be interpreted to relate to direct shipper licenses.

History

RELATES TO: KRS 243.100, 243.520
STATUTORY AUTHORITY: KRS 241.060
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the board to promulgate reasonable regulations governing procedures relative to the applications for and revocations of licenses, and the supervision and control of the use, manufacture, sale, transportation, storage, advertising, and trafficking of alcoholic beverages. This administrative regulation empowers the board to continue administrative proceedings to adjudicate violations of KRS Chapters 241 to 244 by licensees and former licensees despite the surrender of their licenses in order to ensure that licensees who violate alcoholic beverage control laws are held accountable and duly prevented from becoming licensed again for two (2) years in accordance with KRS 243.100.
History: 48 Ky.R. 1411, 2083; eff. 4-5-2022.

Chapter 5 Conduct of Business; Employees

804 KAR 5:070 Minors {#sec-804-kar-5-070 omnilex-key=us-ky-regs-official--title-804--804 KAR 5:070}

Section 1. Definitions.

(1) "Barber shop" means an establishment licensed under KRS Chapter 317, at which the practice of barbering is conducted.

(2) "Bed and Breakfast" is defined by KRS 241.010(5).

(3) "Bowling alley" means a building containing several lanes for the sport of tenpin bowling.

(4) "Commercial airplane" means an airplane used by a commercial airlines system or charter flight system for regularly scheduled or charter flights.

(5) "Commercial airport" is defined by KRS 241.010(15).

(6) "Department store" means a retail establishment offering consumer goods for sale and including but not limited to clothing, furniture, jewelry, cosmetics, and other similar products.

(7) "Designated drinking area" means an area containing a bar, counter, or similar structure, where employees prepare and serve alcoholic beverages to customers, that is separated from the remainder of the premises by a barrier and that has no more than two (2) entrances and exits accessible from the remainder of premises. The designated drinking area may contain employee access by keyed entry and emergency exits equipped with crash bars.

(8) "Museum" means a building or place where works of art, scientific specimens, or other objects of cultural value are stored and exhibited.

(9) "Not-for-profit event" means an activity of limited duration organized and conducted by a charity or not-for-profit organization for fundraising or other purposes.

(10) "Organized civic or community-sponsored event" is defined by 804 KAR 4:250, Section 1.

(11) "Paint and Sip business" means a business that provides paid group painting lessons accompanied by alcoholic beverages.

(12) "Qualified historic site" is defined by KRS 241.010(47).

(13) "Riverboat" is defined by KRS 241.010(54).

(14) "Salon and Spa" means an establishment licensed under KRS Chapter 317A at which cosmetology, nail technology, or esthetic practices are conducted.

(15) "Train" means a railroad locomotive and cars used by a railroad system.

Section 2. Business Types that Can Adequately Monitor and Prevent Alcohol Sales to Minors. Pursuant to KRS 244.085(5)(a) and in addition to the business types identified in KRS 244.085(5)(a) and Section 3 of this administrative regulation, the board determines that the operations of the following specific business types allow them to adequately monitor and prevent alcohol sales to minors and that they may permit minors to remain on their licensed premises if operating as a:

(1) Barber shop;

(2) Bed and breakfast;

(3) Bowling alley;

(4) Charity conducting a not-for-profit event;

(5) Commercial airplane;

(6) Commercial airport;

(7) Department store;

(8) Museum;

(9) Paint and sip business;

(10) Qualified historic site;

(11) Riverboat;

(12) Salon and spa;

(13) Train;

(14) Vendor operating at an organized civic or community-sponsored event; or

(15) Business whose alcoholic beverage sales do not exceed fifty (50) percent of its gross sales.

Section 3. Premises with Designated Drinking Areas. In addition to the businesses identified in KRS 244.085(5)(a) and Section 2 of this administrative regulation, a licensee may permit minors to remain on licensed premises where alcoholic beverages are sold by the drink or consumed if the licensee only conducts drink sales and permits consumption in a designated drinking area from which minors are excluded.

Section 4. Permissive Exclusion of Minors. Notwithstanding the provisions of KRS 244.085(5)(a) and Sections 2 and 3 of this administrative regulation, a licensee may exclude minors from parts or all of its premises.

Section 5. Minors on Premises Sign. Every licensee selling alcoholic beverages by the drink for consumption on premises where minors are prohibited, or in a designated drinking area where minors are prohibited, shall display at all times, in a prominent place near the entrance to the premises or designated drinking area where minors are prohibited, a printed card at least eight (8) inches x eleven (11) inches in size which shall read, in 100 point or larger type, substantially as follows: NO PERSONS UNDER 21 ALLOWED.

History

RELATES TO: KRS 244.080, 244.085, 244.090
STATUTORY AUTHORITY: KRS 241.060(1), 244.085(5)(a)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the board to promulgate administrative regulations regarding matters over which the board has jurisdiction. Subject to certain exceptions in KRS 244.085, a licensee, or the licensee's agents, servants, or employees, cannot permit persons under twenty-one (21) years of age to remain on any premises where alcoholic beverages are sold by the drink or consumed on the premises. In addition to the statutorily exempted business types, KRS 244.085(5)(a) authorizes the board to exempt additional business types from the prohibition of KRS 244.085(5) if their operations permit them to adequately monitor and prevent alcohol sales to minors. This administrative regulation specifically identifies a list of additional business types exempted from KRS 244.085(5), and establishes requirements governing the presence of minors on licensed premises.
History: 18 Ky.R. 3561; Am. 19 Ky.R. 424; 721; eff. 9-1-1992; 31 Ky.R. 625; 938; eff. 11-26-200; 44 Ky.R. 682, 936; eff. 12-1-2017; Cert eff. 10-30-2024.

Chapter 6 Alcoholic Beverage Control Board

804 KAR 6:020 Advisory opinions {#sec-804-kar-6-020 omnilex-key=us-ky-regs-official--title-804--804 KAR 6:020}

Section 1. Definitions.

(1) "Advisory Opinion" means a ruling by the Department that addresses questions or issues properly submitted for consideration as required by Sections 2, 3, and 7 of this administrative regulation.

(2) "Department" is the Department of Alcoholic Beverage Control as defined by KRS 241.010(21).

(3) "Person" is defined by KRS 446.010(33).

Section 2. Request for Advisory Opinion.

(1) Any person may request, in writing, an advisory opinion concerning the application and interpretation of alcoholic beverage control statutes and administrative regulations with regard to a particular act or transaction that the requestor is taking or plans to take. Requests presenting a general question of interpretation, posing a hypothetical situation, involving the activities of third parties, or that implicate the subject of an investigation, pending case, or disciplinary action, shall not be considered.

(2) The department may issue an advisory opinion on its own initiative.

Section 3. Form of Request.

(1) The request shall be submitted on the Advisory Opinion Request Form and contain the following:

(a) A clear and concise statement of all facts relevant to the request;

(b) Citation to all applicable and relevant statutes, administrative regulations, decisions, orders, other written statements of law or interpretation, or any other persuasive or controlling authority that relates to the request;

(d) The requestor's proposed response to each question presented, including a summary of the rationale for the proposed response;

(e) Any documentation, research, or other evidence related to the request; and

(f) A statement indicating whether, to the requestor's knowledge or belief, the requested questions or issues is pending before, under investigation by, or recently determined by any court of law or governmental entity.

(2) The request shall be signed by one (1) or more persons, with each signer's mailing address, telephone number, and email address clearly indicated. If a person signs on behalf of a corporation, limited liability company, association, or any other legal entity, the name of the entity, the address, telephone number, and email address of the entity or point of contact shall be included. The signer shall date the request.

(3) The request shall be submitted by mail or by email to the Commissioner of the Department of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, Kentucky 40601, email abc.advisory@ky.gov.

(4) If the request is deficient under Section 2 or 3 of this administrative regulation, the requesting person shall be notified of the deficiency within ten (10) business days of receipt.

(5) If the request meets the criteria of Sections 2 and 3 of this administrative regulation, the department shall assign the request an advisory opinion request (AOR) number and publish the request on the department's Web site.

Section 4. Consideration.

(1) The department may schedule an informal meeting between the requestor, any interested persons, and department representatives to present information and discuss questions raised. A final decision shall not be made at an informal meeting.

(2) In rendering an advisory opinion, the department shall consider:

(a) All material submitted with the request; and

(b) Comments received in accordance with Section 6 of this administrative regulation.

(3) In rendering an advisory opinion, the department may:

(a) Consult experts or other individuals with knowledge of the substance of the request;

(b) Require verification of information; and

Section 5. Issuance or Refusal to Issue an Opinion. The department shall issue an advisory opinion within ninety (90) days after receipt of the request, unless one (1) of the following applies:

(1) Lack of jurisdiction over any of the questions or issues presented by the request;

(2) Any of the questions or issues presented are pending before a board, governmental entity, or court of law that may definitively decide the questions or issues;

(3) Any of the questions presented by the request would be more appropriately resolved in a different proceeding or forum;

(4) Any of the facts or questions presented in the request are unclear, overbroad, insufficient, or otherwise inappropriate;

(5) Any of the questions or issues raised in the request become moot;

(6) The request seeks a determination of the constitutionality of a statute, administrative regulation, or practice;

(7) Issuance of an opinion will not be in the public interest; or

(8) The department extends the time period to issue advisory opinion.

Section 6. Written Comments on Request.

(1) Any interested person or party may submit written comments concerning a request for an advisory opinion by using the Advisory Opinion Request Form and identifying the AOR number associated with the request.

(2) Written comments shall be submitted by mail or email in the manner outlined in Section 3 of this administrative regulation no later than fourteen (14) business days following the date the request is made public by the department.

(3) The department may extend the written comment period.

Section 7. Reconsideration.

(1) The department may revise any advisory opinion if circumstances warrant a revision. In doing so, the department shall issue a revised opinion in accordance with Sections 2 through 6 of this administrative regulation, including an explanation of the rationale for the change or revision of the original opinion.

(2) Any person may request the department to reconsider or revise a advisory opinion using the Advisory Opinion Request Form that identifies the AOR number associated with the advisory opinion.

(3) The request for reconsideration shall be submitted by mail or email in the manner outlined in Section 3 of this administrative regulation no later than ten (10) business days following the publication of the opinion and contain the following:

(a) A clear and concise statement of the grounds for the reconsideration request;

(b) The proposed conclusion with a summary of the rationale supporting the proposed conclusion;

(c) Any statute, administrative regulation, document, order, or other statement of law or policy that supports the requested reconsideration with an explanation of the relevance of the material offered; and

(d) A statement of adverse impact, if any, resulting from the published advisory opinion.

Section 8. Publication of Advisory Opinions.

(1) All advisory opinions shall be public. The department shall publish and maintain all advisory opinions. Publication shall be made by making a hard copy available for inspection and by placing the entire opinion on the department's Web site.

(2) An index of all final published advisory opinions shall be maintained by the Department. The index shall include the subject of each opinion, its publication date, and any changes effectuated by the opinion.

Section 9. Incorporation by Reference.

(1) "Advisory Opinion Request Form", June 2017, is incorporated by reference.

History

RELATES TO: KRS 241.020, 241.060
STATUTORY AUTHORITY: KRS 241.020(1), 241.060(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the board to promulgate administrative regulations governing procedures relative to the matters over which the board has jurisdiction. KRS 241.020(1) authorizes the department to issue advisory opinions and declaratory rulings related to KRS Chapters 241 to 244 and the administrative regulations promulgated under those chapters. This administrative regulation establishes the procedures and requirements for requesting advisory opinions and the process utilized by the department in responding to those requests.
History: 44 Ky.R. 709, 937; eff. 12-1-2017; TAm eff. 12-3-2019; Cert eff. 10-30-2024.

Chapter 7 Retail Premises

804 KAR 7:020 Alcoholic beverage inventory during prohibited alcoholic beverage sales period {#sec-804-kar-7-020 omnilex-key=us-ky-regs-official--title-804--804 KAR 7:020}

Section 1. Definition. "Locked department" means any area, including rooms, windows, displays, show cases, and shelves, which contains alcoholic beverage inventory and which is secured by a lock and key so that consumers do not have access to the inventory. Locked departments may have sliding or hinged doors or nets and be constructed of any material which prevents consumer access to alcoholic beverage inventory.

Section 2. Alcoholic Beverage Inventory During License Suspension. During the period a retail licensee is prohibited from selling alcoholic beverages pursuant to a license suspension, all alcoholic beverage inventory shall be kept in a separate, locked department or the licensed place of business shall be closed.

Section 3. Inventory Following License Revocation. During the period in which a former retail licensee is permitted to possess and transfer alcoholic beverage inventory pursuant to KRS 243.540(2), all alcoholic beverage inventory shall be kept in a separate, locked department, or the place of business shall be closed, until the alcoholic beverage inventory is actually transferred.

History

RELATES TO: KRS 243.480, 243.490, 243.500, 243.540, 244.085
STATUTORY AUTHORITY: KRS 241.060, 243.480, 243.490, 243.500, 244.085
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the board to promulgate administrative regulations regarding matters over which the board has jurisdiction. KRS 244.085(5)(b) authorizes minors on the premises of a retail drink licensee if all alcoholic beverage inventory is kept in a separate, locked department when minors are on the premises. KRS 243.480, 243.490, and 243.500 authorize the board to suspend or revoke licenses authorizing alcoholic beverage sales but make no specific provision for the handling or custody of the retail licensee's alcoholic beverage inventory during a suspension period or the period following license revocation when a licensee may transfer its inventory pursuant to KRS 243.540(2). This administrative regulation defines "locked department" and provides that during periods alcohol sales are prohibited a retail licensee shall either keep all alcoholic beverage inventory in a separate, locked department or close the entire business.
History: ABC 6:20; 1 Ky.R. 844; eff. 5-14-1975; 45 Ky.R. 3262; 46 Ky.R. 34; eff. 8-2-2019; Crt eff. 7-21-2026.

Chapter 10 Local Administrators

804 KAR 10:010 Appointment notification of local administrator {#sec-804-kar-10-010 omnilex-key=us-ky-regs-official--title-804--804 KAR 10:010}

Section 1. Definition. "Local administrator" is defined by KRS 241.010(36).

Section 2. Notification procedure. A local administrator appointed under KRS Chapter 241 shall submit the following documents to the department within thirty (30) days of appointment:

(1) A letter, resolution, or ordinance evidencing the local administrator's appointment or the county judge/executive's acceptance of the position; and

(2) Written certification that the oath prescribed by Section 228 of the Kentucky Constitution has been administered to the local administrator.

History

RELATES TO: KRS 241.110, 241.120, 241.160, 241.170, 241.220, 241.230
STATUTORY AUTHORITY: KRS 241.060
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060 authorizes the board to promulgate administrative regulations regarding matters over which the board has jurisdiction. KRS 241.110 permits the county judge/executive or other appointed person to serve as a county alcoholic beverage control administrator for a moist or wet county. KRS 241.160(1) requires wet or moist cities with a population equal to or greater than 3,000, or a consolidated local government, to create by ordinance the office of city alcoholic beverage control administrator. KRS 241.160(2) and (3) permit a city with a population less than 3,000 to create by ordinance the office of city alcoholic beverage control administrator unless the city is located in a county containing a consolidated local government. KRS 241.220 requires an urban-county government to create by ordinance the office of urban-county alcoholic beverage control administrator. KRS 241.110, KRS 241.170, and KRS 241.230 require all local administrators to take the oath prescribed by Section 228 of the Kentucky Constitution. This administrative regulation requires a local government to provide written notification to the department when a local administrator is appointed and to provide proof that the oath was taken.
History: ABC 1:10; 1 Ky.R. 846; eff. 5-14-1975; TAm eff. 8-9-2007; TAm eff. 7-15-2014; 41 Ky.R. 2632; 42 Ky.R. 294; eff. 9-4-2015; 43 Ky.R. 1277; eff. 3-31-2017; .43 Ky.R. 2224; 44 Ky.R. 524; eff. 10-6-2017; Cert eff. 9-25-2024.

804 KAR 10:031 Local government regulatory license fees {#sec-804-kar-10-031 omnilex-key=us-ky-regs-official--title-804--804 KAR 10:031}

Section 1. Definition. "Qualified city or county" means a city on the registry maintained by the Department for Local Government under KRS 243.075(9)(b), a county containing a city on the registry, or a city or county that had been previously permitted to issue regulatory license fees.

Section 2. Allowable Costs and Expenses. The costs and expenses subject to reimbursement through a regulatory license fee shall directly and solely relate to the discontinuance of prohibition in the qualified city or county, including reasonable costs and expenses of:

(1) Employment, salary, and benefits of the city or county alcoholic beverage control administrator and staff who administer alcoholic beverage control laws;

(2) Office supplies and equipment for the city or county to administer an alcoholic beverage control office;

(3) Office space for an alcoholic beverage control administrator and staff;

(4) Travel costs and expenses for the city or county alcoholic beverage control administrator and staff;

(5) Additional policing expenses that are directly related to the discontinuance of prohibition, which shall include only those costs and expenses incurred solely as a result of the discontinuance of prohibition that are over and above any policing expenses previously incurred; and

(6) Miscellaneous costs and expenses solely and directly related to the discontinuance of prohibition, if the following information is included on the Calculation Form for Alcohol Regulatory Fee in First Year Following Repeal of Prohibition:

(a) A description of the expenditure;

(b) A detailed explanation of the necessity of the expenditure as it related to the discontinuance of prohibition; and

Section 3. A qualified city or county shall use the Calculation Form for Alcohol Regulatory Fee in First Year Following Repeal of Prohibition to estimate permissible expenses and to establish the fee.

Section 4. The Calculation Form for Alcohol Regulatory Fee in First Year Following Repeal of Prohibition used by a qualified city or county to determine permissible regulatory fees shall be retained pursuant to 725 KAR 1:061.

Section 5. Incorporation by Reference.

(1) "Calculation Form for Alcohol Regulatory Fee in First Year Following Repeal of Prohibition", August 2014, is incorporated by reference.

History

RELATES TO: KRS 243.075
STATUTORY AUTHORITY: KRS 243.075(5)(a)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 243.075(1)(a) authorizes a qualified city or county to establish by administrative regulation a fee upon the gross receipts from the sale of alcoholic beverages or each establishment licensed to sell alcoholic beverages. KRS 243.075(5)(a) requires the department to promulgate administrative regulations to establish a process by which a qualified city or county, in the first year following the discontinuance of prohibition, may estimate any additional policing, regulatory, or administrative expenses incurred by that city or county that are directly and solely related to the sale of alcoholic beverages. This administrative regulation establishes what specific costs and expenses may be subject to reimbursement, and a form is incorporated by reference to calculate and document the expense.
History: 41 Ky.R. 1469; Am. 1790; eff. 3-6-2015; 42 Ky.R. 1353; 1737; eff. 1-4-2016; TAm eff. 12-3-2019; Cert. eff. 9-13-2022.

804 KAR 10:040 Cities with quotas for quota retail package licenses in excess of statutory default quotas {#sec-804-kar-10-040 omnilex-key=us-ky-regs-official--title-804--804 KAR 10:040}

Section 1. Listing of Specific City Quotas. The following wet cities shall have the following specific quotas for quota retail package licenses:

(1) Pikeville shall have a quota of thirteen (13) quota retail package licenses.

(2) Central City shall have a quota of four (4) quota retail package licenses.

(3) Lancaster shall have a quota of three (3) quota retail package licenses.

(4) Paintsville shall have a quota of three (3) quota retail package licenses.

(5) Somerset shall have a quota of ten (10) quota retail package licenses.

History

RELATES TO: KRS 241.067, 241.069, 242.021
STATUTORY AUTHORITY: KRS 241.060, 241.067
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the board to promulgate administrative regulations regarding matters over which the board has jurisdiction. KRS 241.067(1) requires the department to promulgate a regulation containing a list of specific city quotas for quota retail package licenses in excess of the statutory general population ratio based quotas. KRS 241.069 and 242.021 establish procedures whereby wet cities located in dry counties may request and receive from the board a higher specific quota number than the general population ratio based quotas. This administrative regulation lists the specific number of excess quota retail package licenses available in wet cities located in dry counties.
History: 46 Ky.R. 295, 919, eff. 10-4-2019.

Chapter 11 Malt Beverage Equipment, Supplies and Service

804 KAR 11:010 Equipment and supplies {#sec-804-kar-11-010 omnilex-key=us-ky-regs-official--title-804--804 KAR 11:010}

Section 1. General Prohibition. A brewer or distributor shall not furnish equipment to a retail malt beverage licensee except as authorized by this administrative regulation.

Section 2. Draft Equipment.

(1) A brewer or distributor may furnish to a retail licensee that sells draft malt beverages:

(a) Tapping accessories;

(b) Rods;

(d) Taps;

(e) Hoses;

(f) Washers;

(g) Couplings;

(h) Vent tongues;

(i) Check valves; and

(j) Tap knobs.

(2) A tap knob, or similar device, bearing a brand name may only be used to dispense malt beverages of that brand name.

Section 3. Special Temporary Licensees.

(1) A brewer or distributor may furnish vats, tubs, tanks, or portable dispensing units to special temporary licensees, picnics, bazaars, carnivals, and other similar types of events.

(2) The equipment may bear advertising associated with a particular brand that is visible to the consumer.

Section 4. Leased Equipment. A brewer or distributer may lease equipment and supplies to retail licensees in accordance with commercially reasonable terms.

Section 5. Prior Administrative Regulation. A brewer or distributor shall not be in violation of KRS 244.590 if the brewer or distributor furnished a refrigerated cooler to a retailer between July 15, 2016 and January 1, 2018 if in conformity with the requirements of this administrative regulation that were then in existence.

History

RELATES TO: KRS 244.500, 244.590
STATUTORY AUTHORITY: KRS 241.060(1), 244.590(1)(c), (2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the board to promulgate administrative regulations regarding matters over which the board has jurisdiction. KRS 244.590(1)(c) authorizes the malt beverage administrator to prescribe by administrative regulation the types of equipment or other things of value a brewer or distributor may furnish to a malt beverage retailer. This administrative regulation establishes the items that a brewer or distributor may furnish to a retail licensee and other licensees.
History: ABC 12:10; 1 Ky.R. 847; eff. 5-14-1975; Am. 9 Ky.R. 381; eff. 10-6-1982; 31 Ky.R. 628; 940; eff. 11-26-2004; 43 Ky.R. 338, 752; eff. 1-6-2017; 44 Ky.R. 1147, 1854; eff. 3-9-2018; Cert eff. 2-12-2025.

804 KAR 11:041 Growlers {#sec-804-kar-11-041 omnilex-key=us-ky-regs-official--title-804--804 KAR 11:041}

Section 1. Definition. "Growler" means a refillable, resealable vessel no larger than two (2) liters with a flip-top or screw-on lid into which a malt beverage is prefilled, filled, or refilled for off-premises consumption. "Growler" shall not mean a vessel of similar size or capacity that is primarily used for the storage of other non-alcoholic liquids.

Section 2. The holder of a license permitting malt beverage package sales for off-premises consumption may sell filled growlers at retail for off-premises consumption if:

(1) The growler is cleaned and sanitized by the licensee or its employee prior to being filled as prescribed in Section 3 of this administrative regulation;

(2) The growler is filled and securely resealed by the licensee or an employee at least eighteen (18) years old before being removed from the premises;

(3) The growler has a label affixed to it, legibly stating:

(a) The brand name of the product;

(b) The name and address of the brewer or bottler;

(d) The name and address of the licensee that filled or refilled the growler;

(e) The following statement, "This product may be unfiltered and unpasteurized. Keep refrigerated at all times."; and

(f) The alcoholic beverage health warning statement as required by the Federal Alcohol Administration Act, 27 C.F.R. 16.20 through 16.22; and

(4) The label is affixed to the vessel by:

(a) Neck hanger;

(b) Adhesive;

(d) Other means.

Section 3. Cleaning, Sanitizing, Filling, and Sealing.

(1) Filling and refilling growlers shall only occur at the request of a customer.

(2) Except as provided by subsection (3) of this section, prior to refilling a growler, the growler and its cap shall be cleaned and sanitized by the licensee or its employee by:

(a) Manual washing in a three (3) compartment sink. The licensee or its employee shall:

Prior to starting, clean sinks and work area to remove any chemicals, oils, or grease from other cleaning activities;
Empty residual liquid from the growler to drain, but not into the cleaning water;
Clean the growler and cap using detergent and water exceeding 110 degrees Fahrenheit, a temperature compliant with Kentucky Department for Public Health standards in 902 KAR 45:005, or the temperature specified on the detergent manufacturer's label instruction. Detergent shall not be fat- or oil-based;
Remove any residues on the interior and exterior of the growler and cap;
Rinse the growler and cap in the middle compartment with water. Rinsing may be from the spigot with a spray arm, from a spigot, or from the tub as long as the water for rinsing is not stagnant and is continually refreshed;
Sanitize the growler and cap in the third compartment. Chemical sanitizer shall be used in accordance with the EPA-registered label use instructions and shall meet the minimum water temperature requirements of the chemical; and
Provide and make readily accessible for use a test kit or other device that accurately measures the concentration of MG/L of chemical sanitizing solutions; or

(b) Mechanical washing and sanitizing machine.

Mechanical washing and sanitizing machines shall be provided with an easily accessible and readable data place affixed to the machine by the manufacturer and shall be used according to the machine's design and operation specifications;
Mechanical washing and sanitizing machines shall be equipped with chemical or hot water sanitization;
Concentration of the sanitizing solution or the water temperature shall be accurately determined by using a test kit or other device; and
The machine shall be regularly serviced based upon the manufacturer's or installer's guidelines.

(3) Notwithstanding subsection (2) of this section, a growler may be filled or refilled without cleaning and sanitizing the growler by:

(a) Filling or refilling a growler with a tube as referenced in subsection (4) of this section;

Food grade sanitizer shall be used in accordance with the EPA-registered label use instructions;
A container of liquid food grade sanitizer shall be maintained for malt beverage taps that will be used for filling and refilling growlers;
Each container shall contain tubes that will be used only for filling and refilling growlers;
The growler shall be inspected visually for contamination;
The growler shall be filled or refilled with a tube as prescribed in subsection (5) of this section; and
A different tube from the container shall be used for each fill or refill of a growler; or

(b) Filling a growler with a contamination-free process. The growler shall be:

Inspected visually for contamination; and
Compliant with the Kentucky Food Code, incorporated by reference in 902 KAR 45:005.

(4) Growlers shall be filled or refilled from the bottom of the growler to the top with a tube that is attached to the malt beverage faucet and extends to the bottom of the growler or with a commercial filling machine.

(5) When not in use, tubes to fill or refill growlers shall be immersed and stored in a container with liquid food grade sanitizer.

(6) A growler shall be closed with a flip-top or screw-on lid or cap and sealed in a manner designed to prevent consumption without conspicuous and evident tampering.

History

RELATES TO: KRS 241.060, 27 C.F.R. 16.20-16.22
STATUTORY AUTHORITY: KRS 241.060(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the Alcoholic Beverage Control Board to regulate the sale of alcoholic beverages. This administrative regulation allows a licensee that holds a retail malt beverage license to sell growlers.
History: 48 Ky.R. 2886; 49 Ky.R. 345; eff. 11-1-2022.

Chapter 14 Malt Beverages and Wine

804 KAR 14:011 Brewing and winemaking for personal use {#sec-804-kar-14-011 omnilex-key=us-ky-regs-official--title-804--804 KAR 14:011}

Section 1.

(1) A person twenty-one (21) years of age or older may produce malt beverages for personal or family use.

(2) Malt beverages produced for personal use shall not be sold.

(3) Malt beverages produced for personal use shall not be given to any public facility to give or sell to patrons.

(4) The aggregate amount of malt beverages produced for personal use shall not exceed:

(a) 100 gallons per calendar year if there is only one (1) adult who is legally allowed to consume alcoholic beverages in the household; or

(b) 200 gallons per calendar year if there are two (2) or more adults who are legally permitted to consume alcoholic beverages in the household.

Section 2.

(1) A person twenty-one (21) years of age or older may produce wine for personal use.

(2) Wine produced for personal use shall not be sold.

(3) Wine produced for personal use shall not be given to any public facility to give or sell to patrons.

(4) The aggregate amount of wine produced for personal or family use shall not exceed:

(a) 100 gallons per calendar year if there is only one (1) adult who is legally allowed to consume alcoholic beverages in the household; or

(b) 200 gallons per calendar year if there are two (2) or more adults who are legally permitted to consume alcoholic beverages in the household.

Section 3. Malt beverages and wine produced for household consumption may be entered into competitions at regularly organized fairs for prizes.

(1) Competitions may be held at a licensed or unlicensed premise.

(2) Malt beverages and wine produced for household consumption may be transported or mailed from the producer's home to the site of the competition or to the competition's designee.

(3) Judges of the competition shall be at least twenty-one (21) years of age and may only consume for judging purposes.

(4) Malt beverages or wine entered into a competition shall not be sold to, sampled by, or tasted by the general public.

History

RELATES TO: KRS 241.060, 26 U.S.C. §§ 5042, 5053, 27 C.F.R. § 24.75
STATUTORY AUTHORITY: KRS 241.060(1), 26 U.S.C. §§ 5042, 5053, 27 C.F.R. § 24.75
NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060(1) authorizes the Alcoholic Beverage Control Board to regulate the use and manufacture of alcoholic beverages. This administrative regulation allows individuals to produce malt beverages and wine for personal use.
History: 48 Ky.R. 2888; eff. 11-1-2022.

Title 804 KAR — Public Protection Cabinet - Department of Alcoholic Beverage Control

Chapter 1 Advertising Distilled Spirits and Wine

804 KAR 1:030 Prohibited alcoholic beverage advertisements {#sec-804-kar-1-030 omnilex-key=us-ky-regs-official--title-804--804 KAR 1:030}

804 KAR 1:070 Product development and marketing samples {#sec-804-kar-1-070 omnilex-key=us-ky-regs-official--title-804--804 KAR 1:070}

804 KAR 1:102 General advertising practices {#sec-804-kar-1-102 omnilex-key=us-ky-regs-official--title-804--804 KAR 1:102}

804 KAR 1:110 Consumer sampling events {#sec-804-kar-1-110 omnilex-key=us-ky-regs-official--title-804--804 KAR 1:110}

Chapter 2 Advertising Malt Beverages

804 KAR 2:005 Outside signs {#sec-804-kar-2-005 omnilex-key=us-ky-regs-official--title-804--804 KAR 2:005}

Chapter 3 Fair Trade; Pricing and Sales

804 KAR 3:100 License may be suspended or revoked for accepting Supplemental Nutrition Assistance Program (SNAP) benefits for alcohol purchases {#sec-804-kar-3-100 omnilex-key=us-ky-regs-official--title-804--804 KAR 3:100}

Chapter 4 Licensing

804 KAR 4:015 Interlocking substantial interest between licensees prohibited {#sec-804-kar-4-015 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:015}

804 KAR 4:100 Records to be retained {#sec-804-kar-4-100 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:100}

804 KAR 4:110 Dormant license renewal {#sec-804-kar-4-110 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:110}

804 KAR 4:212 In-state distilled spirits supplier license {#sec-804-kar-4-212 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:212}

804 KAR 4:221 Alternating proprietorship agreements {#sec-804-kar-4-221 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:221}

804 KAR 4:230 Extended hours supplemental licenses {#sec-804-kar-4-230 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:230}

804 KAR 4:251 Special temporary licenses {#sec-804-kar-4-251 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:251}

804 KAR 4:270 Substantial part/staple groceries defined {#sec-804-kar-4-270 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:270}

804 KAR 4:280 Affiliated businesses {#sec-804-kar-4-280 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:280}

804 KAR 4:330 Procedures for violations of KRS 244.165 {#sec-804-kar-4-330 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:330}

804 KAR 4:370 Entertainment destination center license {#sec-804-kar-4-370 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:370}

804 KAR 4:390 License renewals {#sec-804-kar-4-390 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:390}

804 KAR 4:400 Applications incorporated by reference {#sec-804-kar-4-400 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:400}

804 KAR 4:410 Product registration and forms {#sec-804-kar-4-410 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:410}

804 KAR 4:415 Direct shipper license {#sec-804-kar-4-415 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:415}

804 KAR 4:480 License surrender {#sec-804-kar-4-480 omnilex-key=us-ky-regs-official--title-804--804 KAR 4:480}

Chapter 5 Conduct of Business; Employees

804 KAR 5:070 Minors {#sec-804-kar-5-070 omnilex-key=us-ky-regs-official--title-804--804 KAR 5:070}

Chapter 6 Alcoholic Beverage Control Board

804 KAR 6:020 Advisory opinions {#sec-804-kar-6-020 omnilex-key=us-ky-regs-official--title-804--804 KAR 6:020}

Chapter 7 Retail Premises

804 KAR 7:020 Alcoholic beverage inventory during prohibited alcoholic beverage sales period {#sec-804-kar-7-020 omnilex-key=us-ky-regs-official--title-804--804 KAR 7:020}

Chapter 10 Local Administrators

804 KAR 10:010 Appointment notification of local administrator {#sec-804-kar-10-010 omnilex-key=us-ky-regs-official--title-804--804 KAR 10:010}

804 KAR 10:031 Local government regulatory license fees {#sec-804-kar-10-031 omnilex-key=us-ky-regs-official--title-804--804 KAR 10:031}

804 KAR 10:040 Cities with quotas for quota retail package licenses in excess of statutory default quotas {#sec-804-kar-10-040 omnilex-key=us-ky-regs-official--title-804--804 KAR 10:040}

Chapter 11 Malt Beverage Equipment, Supplies and Service

804 KAR 11:010 Equipment and supplies {#sec-804-kar-11-010 omnilex-key=us-ky-regs-official--title-804--804 KAR 11:010}

804 KAR 11:041 Growlers {#sec-804-kar-11-041 omnilex-key=us-ky-regs-official--title-804--804 KAR 11:041}

Chapter 14 Malt Beverages and Wine

804 KAR 14:011 Brewing and winemaking for personal use {#sec-804-kar-14-011 omnilex-key=us-ky-regs-official--title-804--804 KAR 14:011}

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