HB 183 Kentucky House · 2017 Regular Session

AN ACT relating to alcoholic beverage control. Amend KRS 241.010 to modify the definition of caterer and define local, urban-county, and state administrators, investigators, population, and primary source of supply; delete definition of field representative; set a minimum production threshold of 250 gallons per year for small farm wineries; amend KRS 241.015 and 241.030 to remove commissioner and administrator terms; amend KRS 241.020 to allow the board to issue advisory opinions and declaratory rulings on KRS Chapters 241 to 244 and related administrative regulations; amend KRS 241.060, 241.090, 243.025, 243.034, 243.035, 243.037, 243.042, 243.050, 243.060, 243.110, 243.160, 243.220, 243.360, 243.380, 243.390, 243.430, 243.440, 243.500, 243.530, 243.550, 243.620, 243.630, 243.640, 243.650, 243.660, 243.670, 244.060, 244.130, 244.150, 244.180, 244.190, 244.195, 244.200, 244.280, and 244.990 to update, expand, or modernize terms and phrasing; amend KRS 241.080 and 243.030 to allow both the distilled spirits and malt beverage administrators to approve and issue or deny licenses authorizing the traffic in all types of alcoholic beverages; repeal and reenact KRS 241.100 to require department officers and employees to comply with the Executive Branch Code of Ethics; amend KRS 241.110, 241.140, 241.150, 241.160, 241.170, 241.190, 241.200, 241.230, 241.250, and 241.260 to modify language regarding activities of and appeals from local alcoholic beverage administrators; amend KRS 242.030 to permit a local option election up to 150 days after the petition is filed; allow a local option election on the same day as a primary or general election day; amend KRS 242.123, 242.124, 242.1241, and 242.1244 to update local option elections for golf courses, small farm wineries, small farm winery Sunday sales, and restaurant sales, respectively; amend KRS 242.125 to enable a city or county to have dual moist and wet status; create a new section of KRS Chapter 243 to establish the details of a sampling license; amend KRS 243.020 to forbid a licensee from allowing a consumer to possess, give away, or drink alcoholic beverages on the licensed premises unless the alcoholic beverages were purchased from the licensee; amend KRS 243.030 to permit only the distilled spirits administrator to issue licenses that authorize traffic in distilled spirits and wine; modify fees for small farm wineries, small farm winery off-premises retail sites, special temporary licenses, and special temporary auction licenses; amend KRS 243.0305 to change a distiller's retail drink license to an NQ2 license; amend KRS 243.033 to merge rules on distilled spirits and wine with those on malt beverages; amend KRS 243.036 to allow nonprofits to receive a special temporary alcoholic beverage auction license; amend KRS 243.040 to remove the "brew-on-premises" license; amend KRS 243.045 to grant a transitional license the same privileges and restrictions as a permanent license; repeal and reenact KRS 243.070 to restructure the licensing fee list; amend KRS 243.082 to streamline NQ1 licensing language; amend KRS 243.084 to delete the 50-seat minimum for dining facilities receiving an NQ2 license; authorize an NQ2 license for a distiller or a business related to an entertainment destination center; amend KRS 243.086 to remove distillers from the list of entities that may receive an NQ3 license; amend KRS 243.090 and 243.450 to authorize denial of a license or license renewal if the licensee is a delinquent taxpayer; amend KRS 243.100 to forbid evasion of license disqualification by applying for a license through or under the name of a different person; amend KRS 243.130, 243.150, 243.155, and 243.157 to allow designated manufacturer employees to sample their employers' products for purposes of education, quality control, and product development; permit brewery malt beverage drink sales anywhere on the licensed premises, including sales to fill growlers; authorize a brewer to buy malt beverages from another brewer; allow sales at small farm wineries and their off-premises retail sites in territory that has allowed the sales through a precinct local option election; permit a small farm winery to manufacture, sample, and sell brandy; prohibit microbreweries in moist territory; repeal and reenact KRS 243.200 to set the conditions and privileges of a transporter's license; amend KRS 243.212 to delete the micro out-of-state distilled spirits and wine supplier's license; amend KRS 243.215 to limit a malt beverage supplier's license to import only from the primary source of supply; amend KRS 243.230, 243.240, 243.250, and 243.355 to change the privileges and restrictions for quota retail drink licenses and quota retail package licenses; amend KRS 243.470 to treat the board's administrative hearing on a license denial as a de novo review of the application; allow a refund of an applicant's license fee upon rejection; repeal and reenact KRS 243.490 to update license revocation and suspension language; amend KRS 243.520 to empower the department to summarily suspend a license if continued operation is a threat to the public health, safety, or welfare; amend KRS 243.540 to establish the procedures for a secured creditor or landlord to dispose of alcoholic beverages; amend KRS 243.560 to modify appellate procedures; amend KRS 243.895 to change size requirements for retailer alcohol warning signs; amend KRS 244.050 to delete sampling license language; amend KRS 244.080 to forbid alcoholic beverage sales to a person intoxicated on alcohol or drugs; amend KRS 244.085 to allow the board to determine the business types where minors may be present; amend KRS 244.090 to permit a nonquota retail malt beverage package licensee to employ persons 18 and over if supervised by someone 20 or older; amend KRS 244.110 to limit clear view entrance requirement to holders of a quota retail package license or quota retail drink license; amend KRS 244.167 to remove the definition of "primary source of supply"; amend KRS 244.240 and 244.590 to prohibit a retailer from requiring or demanding that certain manufacturers, wholesalers, or distributors violate statutory restrictions; amend KRS 244.260 to add container size restrictions for retail distilled spirits and wine package and drink licenses; amend KRS 244.290 to clarify how a locality may regulate the hours of sale and delivery of alcoholic beverages, including on Sundays, through local ordinances; amend KRS 244.440 and 244.585 to permit distribution, sale, or purchase rights to product names; amend KRS 244.461 and 244.500 to enable the use of retailer loyalty cards for alcoholic beverage discounts; amend KRS 244.480 to allow a licensee to sell or deliver malt beverages during the times permitted by local ordinance; amend KRS 15.380, 15.398, 83A.022, 186.560, 230.368, 242.022, 242.1242, 242.1292, 243.0341, 243.075, 243.170, 243.260, 243.590, and 244.230 to conform; repeal KRS 119.215, 241.075, 241.130, 241.180, 241.240, 242.127, 242.129, 242.400, 243.031, 243.072, 243.370, 243.460, 243.505, 243.510, 244.070, 244.087, 244.295, 244.310, 244.340, 244.350, and 244.360.

Bill status signed all 4 stages cleared
Introduction
Feb 2017
Committee Review
Mar 2017
Senate Passage
Mar 2017
Signed into Law
Mar 2017
Introduced Feb 7, 2017 Signed Mar 21, 2017
Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
30
Key actions
7
Committee
8
Amendments
3
Mar 21, 2017
Signed into law
Signed by Governor (Acts, ch. 62)
legislature
Mar 14, 2017
Legislature · Passed
Passed 60-26
legislature
Mar 14, 2017
Legislature · Passed
House concurred in Senate Committee Substitute and floor amendment (2)
legislature
Mar 14, 2017
Legislature · Passed
Posted for passage for concurrence in Senate Committee Substitute and floor amendment (2)
legislature
Mar 14, 2017
Committee
To Rules (H)
legislature
Mar 8, 2017
Legislature · Passed
Passed 30-6 with Committee Substitute and floor amendment (2)
legislature
Mar 7, 2017
Legislature · Passed
Floor amendments (1) and (2) filed to Committee Substitute
legislature
Mar 2, 2017
Committee
To Licensing, Occupations, & Administrative Regulations (S)
legislature
Feb 24, 2017
Introduced
Floor amendment (3) filed
legislature
Feb 21, 2017
Introduced
Floor amendment (2) filed
legislature
Feb 16, 2017
Introduced
Floor amendment (1) filed
legislature
Feb 10, 2017
Legislature · Passed
Posted in committee
legislature
Feb 9, 2017
Committee
To Licensing, Occupations, & Admin Regs (H)
legislature
Feb 7, 2017
Introduced
Introduced in House
legislature
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.