HB 415 AN ACT relating to alcoholic beverages and making an appropriation therefor

About HB-415

Create new sections of KRS Chapter 243, relating to alcoholic beverage licensing, to require out-of-state licensees that are not licensed in Kentucky to hold the newly created shipping permit before transporting alcoholic beverages from another state to a consumer in Kentucky; limit these shipments to only those conducted through a licensed common carrier; establish rules and requirements to hold a shipping permit; instruct the Department of Alcoholic Beverage Control (ABC) to promulgate administrative regulations to reduce unlicensed deliveries and shipments; require shipping permit holders to submit a monthly report to the ABC department and the Department of Revenue that gives shipping totals and the names and addresses of each consumer and common carrier; impose an administrative and enforcement fee payable to the Department of Revenue for out-of-state shipment to a Kentucky consumer; make the fee 15 percent of the gross receipts derived from the shipment sales; deposit the fees in the general fund; amend KRS 241.010 to define "deliver" as transporting within the state of Kentucky and "ship" as transporting from one state to another; define "consumer" as a person of lawful drinking age and territory who does not hold an alcohol license and who purchases alcoholic beverages for personal consumption only; redefine "retail sale" to include in-person, electronic, online, or telephone transactions through shipment or delivery; authorize delivery or shipment to territories where the beverages may be lawfully sold or received; amend KRS 243.020 to allow an independent contractor of a licensee to conduct activities authorized under that license; amend KRS 243.030, 243.040, and 243.212 to merge all out-of-state supplier's licenses into one license; set the fees for an out-of-state supplier's license and a shipping permit; amend 243.0305, 243.120, 243.130, 243.150, 243.155, 243.157, 243.160, 243.170, 243.180, 243.240, 243.280, and 244.165 to permit delivery and shipment sales to a consumer; allow a microbrewery to deliver and ship under its microbrewery license rather than its package retail license; amend KRS 243.100 to strike licensee citizenship requirements; forbid a wholesaler from refusing to sell and offer reasonable service to another licensee during its normal business hours; amend KRS 243.200 to include malt beverages in a retailer's ability to transport alcoholic beverages from a wholesaler or distributor to the retailer's premises; allow a retailer to purchase alcoholic beverages from a wholesaler, distributor, or those licensees authorized to sell them; amend KRS 243.353 and 243.355 to prohibit sales to consumers under an alcoholic beverage storage license; amend KRS 243.500 to allow license suspension or revocation for failure to pay the enforcement and administrative fee on shipped alcoholic beverages; amend KRS 243.990 to make it a violation to disobey the shipping permit requirements; remove liability of a licensed common carrier or any of its employees on behalf of a consignor for delivering or shipping into areas where alcoholic beverages are not lawfully sold or received; remove the felony offense for out-of-state entities that ship alcoholic beverages into Kentucky; amend various sections of KRS Chapters 242 to 244 to conform; repeal KRS 243.215; APPROPRIATION.