AN ACT relating to alcoholic beverages.

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AN ACT relating to alcoholic beverages. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 243.232 is amended to read as follows: 3
(1) A vintage distilled spirits license may be issued as a supplementary license to a 4
licensee that holds a primary license that permits the sale of distilled spirits by the 5
package or by the drink. 6
(2) A vintage distilled spirits licensee shall file a monthly report with the department, 7
which shall be established and maintained by the department, utilizing a form 8
prescribed by the department that includes the following information: 9
(a) The number of vintage di stilled spirits packages purchased in the preceding 10
thirty (30) days in total, with each purchase matched to the individual from 11
whom the vintage distilled spirits were purchased; 12
(b) The date of each purchase; 13
(c) The name, address, and phone number of each individual from whom vintage 14
distilled spirits were purchased; 15
(d) A detailed description of the vintage distilled spirits purchased, including the 16
brand name and the size of the packages;[ and] 17
(e) Whether the v intage distilled spirits packages constituted the entirety of an 18
exempt collection purchased as authorized in subsection (4) of this section; 19
and 20
(f) The number of vintage distilled spirits packages that the licensee has 21
previously purchased from the same individual and the dates of those 22
purchases. 23
(3) A vintage distilled spirits licensee[licensees] shall purchase [ all] vintage distilled 24
spirits in person at its licensed premises, and prior to the resale of the purchased 25
spirits[and at the time of purchase , the vintage distilled spirits licensee] shall[ 26
immediately] place a conspicuous sticker, not readily removable, on the bottle or 27
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container that states "Vintage Distilled Spirit." 1
(4) A vintage distilled spirits licensee may request an exception to the pu rchase 2
requirements in subsection (3) of this section and the limits in subsections (6) and 3
(7) of this section from the department to purchase the entirety of a single 4
collection of vintage distilled spirits constituting twenty -five (25) or more vintage 5
distilled spirits packages, provided that: 6
(a) A vintage distilled spirits licensee may only receive this exception up to ten 7
(10) times in any given twelve (12) month period; 8
(b) Any vintage distilled spirits bought or sold and qualifying under this 9
ssubection shall not count toward the limits established in subsections (6) 10
and (7) of this section; and 11
(c) Any purchase made at a location other than the vintage distilled spirits 12
licensee's premises shall be transported in accordance with KRS 243.200, 13
and the purchase location shall be provided to the department in the initial 14
request. 15
(5) Vintage distilled spirits may be resold only: 16
(a) By the drink by a vintage distilled spirits licensee with a license to sell 17
distilled spirits by the drink; and 18
(b) By th e package by a vintage distilled spirits licensee with a license to sell 19
distilled spirits by the package. 20
(6)[(5)] Except as authorized in subsection (4) of this section, a vintage distilled 21
spirits licensee shall not purchase more than twenty -four (24) v intage distilled 22
spirits packages from any single vintage distilled spirits seller in any given twelve 23
(12) month period. 24
(7)[(6)] Except as authorized in subsection (4) of this section, a vintage distilled 25
spirits seller shall not sell more than twenty -four (24) vintage distilled spirits[spirit] 26
packages to any single or combination of vintage distilled spirits licensees in any 27
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given twelve (12) month period. A vintage distilled spirits seller who violates [ the 1
provisions of] this subsection shall be subje ct to the penalties set forth in KRS 2
243.990. 3
Section 2. KRS 241.010 is amended to read as follows: 4
As used in KRS Chapters 241 to 244, unless the context requires otherwise: 5
(1) "Alcohol" means ethyl alcohol, hydrated o xide of ethyl or spirit of wine, from 6
whatever source or by whatever process it is produced; 7
(2) "Alcoholic beverage" means every liquid, solid, powder, or crystal, whether 8
patented or not, containing alcohol in an amount in excess of more than one percent 9
(1%) of alcohol by volume, which is fit for beverage purposes. It includes every 10
spurious or imitation liquor sold as, or under any name commonly used for, 11
alcoholic beverages, whether containing any alcohol or not. It does not include the 12
following products: 13
(a) Medicinal preparations manufactured in accordance with formulas prescribed 14
by the United States Pharmacopoeia, National Formulary, or the American 15
Institute of Homeopathy; 16
(b) Patented, patent, and proprietary medicines; 17
(c) Toilet, medicinal, and antiseptic preparations and solutions; 18
(d) Flavoring extracts and syrups; 19
(e) Denatured alcohol or denatured rum; 20
(f) Vinegar and preserved sweet cider; 21
(g) Wine for sacramental purposes; and 22
(h) Alcohol unfit for beverage purposes that is to be sold for legitimate external 23
use; 24
(3) (a) "Alcohol vaporizing device" or "AWOL device" means any device, machine, 25
or process that mixes liquor, spirits, or any other alcohol product with pure 26
oxygen or by any other means produces a vaporized alcoholic product used 27
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for human consumption; 1
(b) "Alcohol vaporizing device" or "AWOL device" does not include an inhaler, 2
nebulizer, atomizer, or other device that is designed and intended by the 3
manufacturer to dispense a prescribed or over -the-counter medication or a 4
device installed and used by a licensee under this chapter to demonstrate the 5
aroma of an alcoholic beverage; 6
(4) "Automobile race track" means a facility primarily used for vehicle racing that has a 7
seating capacity of at least thirty thousand (30,000) people; 8
(5) "Barrel-aged and batched cocktail" means an alcoholic beverage that is: 9
(a) Composed of: 10
1. Distilled spirits that have been dispensed from their original sealed 11
container; and 12
2. Other ingredients or alcoholic beverages; 13
(b) Placed into a barrel or container on the premises of a retail licensee; and 14
(c) Dispensed from the barrel or container as a retail sale by the drink; 15
(6) "Bed and breakfast" means a one (1) family dwelling unit that: 16
(a) Has guest rooms or suites used, rented, or hired out for occupancy or that are 17
occupied for sle eping purposes by persons not members of the single -family 18
unit; 19
(b) Holds a permit under KRS Chapter 219; and 20
(c) Has an innkeeper who resides on the premises or property adjacent to the 21
premises during periods of occupancy; 22
(7) "Board" means the State Al coholic Beverage Control Board created by KRS 23
241.030; 24
(8) "Bottle" means any container which is used for holding alcoholic beverages for the 25
use and sale of alcoholic beverages at retail; 26
(9) "Brewer" means any person who manufactures malt beverages or ow ns, occupies, 27
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carries on, works, or conducts any brewery, either alone or through an agent; 1
(10) "Brewery" means any place or premises where malt beverages are manufactured for 2
sale, and includes all offices, granaries, mash rooms, cooling rooms, vaults, y ards, 3
and storerooms connected with the premises; or where any part of the process of the 4
manufacture of malt beverages is carried on; or where any apparatus connected with 5
manufacture is kept or used; or where any of the products of brewing or 6
fermentation are stored or kept; 7
(11) "Building containing licensed premises" means the licensed premises themselves 8
and includes the land, tract of land, or parking lot in which the premises are 9
contained, and any part of any building connected by direct access or b y an 10
entrance which is under the ownership or control of the licensee by lease holdings 11
or ownership; 12
(12) "Cannabinoid" means a compound found in the hemp plant Cannabis sativa L. from 13
a United States Department of Agriculture -sanctioned domestic hemp pro duction 14
program and does not include cannabinoids derived from any other substance; 15
(13) "Cannabis-infused beverage": 16
(a) Means a properly permitted adult -use cannabinoid liquid product intended for 17
human consumption that has intoxicating properties that c hange the function 18
of the nervous system and results in alterations of perception, cognition, or 19
behavior and shall not contain more than five (5) milligrams of intoxicating 20
adult-use cannabinoids per twelve (12) ounce serving; and 21
(b) Shall not include: 22
1. Medicinal cannabis regulated under KRS Chapter 218B; 23
2. Any type of hemp tincture; and 24
3. Any product containing solely nonintoxicating cannabinoids; 25
(14) "Caterer" means a person operating a food service business that prepares food in a 26
licensed and ins pected commissary, transports the food and alcoholic beverages to 27
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the caterer's designated and inspected banquet hall or to an agreed location, and 1
serves the food and alcoholic beverages pursuant to an agreement with another 2
person; 3
(15) "Charitable organization" means a nonprofit entity recognized as exempt from 4
federal taxation under Section 501(c) of the Internal Revenue Code, 26 U.S.C. sec. 5
501(c), or any organization having been established and continuously operating 6
within the Common wealth of Kentucky for charitable purposes for three (3) years 7
and which expends at least sixty percent (60%) of its gross revenue exclusively for 8
religious, educational, literary, civic, fraternal, or patriotic purposes; 9
(16) "Cider" means any fermented f ruit-based beverage containing seven percent (7%) 10
or more alcohol by volume and includes hard cider and perry cider; 11
(17) "City administrator" means city alcoholic beverage control administrator; 12
(18) "Commercial airport" means an airport through which mor e than five hundred 13
thousand (500,000) passengers arrive or depart annually; 14
(19) (a) "Commercial quadricycle" means a vehicle equipped with a minimum of ten 15
(10) pairs of fully operative pedals for propulsion by means of human 16
muscular power and which: 17
1. Has four (4) wheels; 18
2. Is operated in a manner similar to that of a bicycle; 19
3. Is equipped with a minimum of thirteen (13) seats for passengers; 20
4. Has a unibody design; 21
5. Is equipped with a minimum of four (4) hydraulically operated brakes; 22
6. Is used for commercial tour purposes; 23
7. Is operated by the vehicle owner or an employee of the owner; and 24
8. Has an electrical assist system that shall only be used when traveling to 25
or from its storage location while not carrying passengers. 26
(b) A "commercial quadricycle" is not a motor vehicle as defined in KRS 186.010 27
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or 189.010; 1
(20) "Commissioner" means the commissioner of the Department of Alcoholic Beverage 2
Control; 3
(21) "Consumer" means a person, persons, or business organization who purchases 4
alcoholic beverages and who: 5
(a) Does not hold a license or permit issued by the department; 6
(b) Purchases the alcoholic beverages for personal consumption only and not for 7
resale; 8
(c) Is of lawful drinking age; and 9
(d) Receives the alcoholic beverages in territory w here the alcoholic beverages 10
may be lawfully sold or received; 11
(22) "Convention center" means any facility which, in its usual and customary business, 12
provides seating for a minimum of one thousand (1,000) people and offers 13
convention facilities and relate d services for seminars, training and educational 14
purposes, trade association meetings, conventions, or civic and community events 15
or for plays, theatrical productions, or cultural exhibitions; 16
(23) "Convicted" and "conviction" means a finding of guilt res ulting from a plea of 17
guilty, the decision of a court, or the finding of a jury, irrespective of a 18
pronouncement of judgment or the suspension of the judgment; 19
(24) "County administrator" means county alcoholic beverage control administrator; 20
(25) "Department" means the Department of Alcoholic Beverage Control; 21
(26) "Dining car" means a railroad passenger car that serves meals to consumers on any 22
railroad or Pullman car company; 23
(27) "Discount in the usual course of business" means price reductions, rebates , refunds, 24
and discounts given by wholesalers to distilled spirits and wine retailers pursuant to 25
an agreement made at the time of the sale of the merchandise involved and are 26
considered a part of the sales transaction, constituting reductions in price pur suant 27
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to the terms of the sale, irrespective of whether the quantity discount was: 1
(a) Prorated and allowed on each delivery; 2
(b) Given in a lump sum after the entire quantity of merchandise purchased had 3
been delivered; or 4
(c) Based on dollar volume or on the quantity of merchandise purchased; 5
(28) "Distilled spirits" or "spirits" means any product capable of being consumed by a 6
human being which contains alcohol obtained by distilling, mixed with water or 7
other substances in solution, except wine, hard cider, and malt beverages; 8
(29) "Distiller" means any person who is engaged in the business of manufacturing 9
distilled spirits at an y distillery in the state and is registered in the Office of the 10
Collector of Internal Revenue for the United States at Louisville, Kentucky; 11
(30) "Distillery" means any place or premises where distilled spirits are manufactured 12
for sale, and which are reg istered in the office of any collector of internal revenue 13
for the United States. It includes any United States government bonded warehouse; 14
(31) "Distributor" means any person who distributes malt beverages for the purpose of 15
being sold at retail; 16
(32) "Dry" means a territory in which a majority of the electorate voted to prohibit all 17
forms of retail alcoholic beverage sales through a local option election held under 18
KRS Chapter 242; 19
(33) "Election" means: 20
(a) An election held for the purpose of taking the sense of the people as to the 21
application or discontinuance of alcoholic beverage sales under KRS Chapter 22
242; or 23
(b) Any other election not pertaining to alcoholic beverages; 24
(34) "Horse racetrack" means a facility licensed to conduct a horse race meetin g under 25
KRS Chapter 230; 26
(35) "Hotel" means a hotel, motel, or inn for accommodation of the traveling public, 27
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designed primarily to serve transient patrons; 1
(36) "Investigator" means any employee or agent of the department who is regularly 2
employed and who se primary function is to travel from place to place for the 3
purpose of visiting licensees, and any employee or agent of the department who is 4
assigned, temporarily or permanently, by the commissioner to duty outside the main 5
office of the department at Fr ankfort, in connection with the administration of 6
alcoholic beverage statutes; 7
(37) "License" means any license issued pursuant to KRS Chapters 241 to 244; 8
(38) "Licensee" means any person to whom a license has been issued, pursuant to KRS 9
Chapters 241 to 244; 10
(39) "Limited restaurant" means: 11
(a) A facility where the usual and customary business is the preparation and 12
serving of meals to consumers, which has a bona fide kitchen facility, which 13
receives at least seventy percent (70%) of its food and alcoholi c beverage 14
receipts from the sale of food, which maintains a minimum seating capacity of 15
fifty (50) persons for dining, which has no open bar, which requires that 16
alcoholic beverages be sold in conjunction with the sale of a meal, and which 17
is located in a wet or moist territory under KRS 242.1244; or 18
(b) A facility where the usual and customary business is the preparation and 19
serving of meals to consumers, which has a bona fide kitchen facility, which 20
receives at least seventy percent (70%) of its food and alcoholic beverage 21
receipts from the sale of food, which maintains a minimum seating capacity of 22
one hundred (100) persons of dining, and which is located in a wet or moist 23
territory under KRS 242.1244; 24
(40) "Local administrator" means a city alcoholic beverage control administrator, county 25
alcoholic beverage control administrator, or urban -county alcoholic beverage 26
control administrator; 27
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(41) "Malt beverage" means any fermented undistilled alcoholic beverage of any name 1
or description, manufactured from malt wholly or in part, or from any substitute for 2
malt, and includes weak cider; 3
(42) "Manufacture" means distill, rectify, brew, bottle, and operate a winery; 4
(43) "Manufacturer" means a winery, distiller, rectifier, or brewer, and any other person 5
engaged in the production or bottling of alcoholic beverages; 6
(44) "Marina" means a dock or basin providing moorings for boats and offering supply, 7
repair, or other services for remuneration; 8
(45) "Minor" means any person who is not twenty-one (21) years of age or older; 9
(46) "Moist" means a territory in which a majority of the electorate voted to permit 10
limited alcoholic beverage sales by any one (1) or a combination of special limited 11
local option elections authorized by KRS Chapter 242; 12
(47) "Population" means the population figures established by the federal decennial 13
census for a census year or the current yearly population estimates prepared by the 14
Kentucky State Data Center, Urban Studies Center of the University of Louisville, 15
Louisville, Kentucky, for all other years; 16
(48) "Premises" means the land and building in and upon which any business regulated 17
by alcoholic beverage statutes is operated or carried on. "Premises" shall not 18
include as a single unit two (2) or more separate businesses of one (1) owner on the 19
same lot or tract of land, in the same or in different buildings if physical and 20
permanent separation of the premises is maintained, excluding employee access by 21
keyed entry and emergency exits equipped with crash bars, and each has a separate 22
public entrance accessible directly from the sidewalk or parking lot. Any licensee 23
holding an alcoholic beverage license on July 15, 1998, shall not, by reason of this 24
subsection, be ineligible to continue to hold his or her license or obtain a renewal, 25
of the license; 26
(49) "Primary source of supply" or "supplier" means the distiller, winery, brewer, 27
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producer, owner of the commodity at the time it becomes a marketable product, 1
bottler, or authorized agent of the brand owner. In the case of imported products, 2
the primary sourc e of supply means either the foreign producer, owner, bottler, or 3
agent of the prime importer from, or the exclusive agent in, the United States of the 4
foreign distiller, producer, bottler, or owner; 5
(50) "Private club" means a nonprofit social, fraternal, military, or political organization, 6
club, or nonprofit or for -profit entity maintaining or operating a club room, club 7
rooms, or premises from which the general public is excluded; 8
(51) "Private selection event" means a private event with a licensed dist iller during 9
which participating consumers, retail licensees, wholesalers, distributors, or a 10
distillery's own representatives select a single barrel or a blend of barrels of the 11
distiller's products to be specially packaged for the participants; 12
(52) "Private selection package" means a bottle of distilled spirits sourced from the 13
barrel or barrels selected by participating consumers, retail licensees, wholesalers, 14
distributors, microbreweries that hold a quota retail drink or quota retail package 15
license, or a distillery's own representatives during a private selection event; 16
(53) "Public nuisance" means a condition that endangers safety or health, is offensive to 17
the senses, or obstructs the free use of property so as to interfere with the 18
comfortable enjoyment of life or property by a community or neighborhood or by 19
any considerable number of persons; 20
(54) "Qualified historic site" means: 21
(a) A contributing property with dining facilities for at least fifty (50) persons at 22
tables, booths, or bars where foo d may be served within a commercial district 23
listed in the National Register of Historic Places; 24
(b) A site that is listed as a National Historic Landmark or in the National 25
Register of Historic Places with dining facilities for at least fifty (50) persons 26
at tables, booths, or bars where food may be served; 27
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(c) A distillery which is listed as a National Historic Landmark and which 1
conducts souvenir retail package sales under KRS 243.0305; or 2
(d) A not-for-profit or nonprofit facility listed on the National Register of Historic 3
Places; 4
(55) "Rectifier" means any person who rectifies, purifies, or refines distilled spirits, 5
malt, or wine by any process other than as provided for on distillery premises, and 6
every person who, without rectifying, purifying, or r efining distilled spirits by 7
mixing alcoholic beverages with any materials, manufactures any imitations of or 8
compounds liquors for sale under the name of whiskey, brandy, gin, rum, wine, 9
spirits, cordials, bitters, or any other name; 10
(56) "Repackaging" me ans the placing of alcoholic beverages in any retail container 11
irrespective of the material from which the container is made; 12
(57) "Restaurant" means a facility where the usual and customary business is the 13
preparation and serving of meals to consumers, th at has a bona fide kitchen facility, 14
and that receives at least fifty percent (50%) of its food and alcoholic beverage 15
receipts from the sale of food at the premises; 16
(58) "Retail container" means any bottle, can, barrel, or other container which, without a 17
separable intermediate container, holds alcoholic beverages and is suitable and 18
destined for sale to a retail outlet, whether it is suitable for delivery or shipment to 19
the consumer or not; 20
(59) "Retail sale" means any sale of alcoholic beverages to a co nsumer, including those 21
transactions taking place in person, electronically, online, by mail, or by telephone; 22
(60) "Retailer" means any licensee who sells and delivers any alcoholic beverage to 23
consumers, except for manufacturers with limited retail sale privileges and direct 24
shipper licensees; 25
(61) "Riverboat" means any boat or vessel with a regular place of mooring in this state 26
that is licensed by the United States Coast Guard to carry forty (40) or more 27
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passengers for hire on navigable waters in or adjacent to this state; 1
(62) "Sale" means any transfer, exchange, or barter for consideration, and includes all 2
sales made by any person, whether principal, proprietor, agent, servant, or 3
employee, of any alcoholic beverage; 4
(63) "Service bar" means a bar, counter, shelving, or similar structure used for storing or 5
stocking supplies of alcoholic beverages that is a workstation where employees 6
prepare alcoholic beverage drinks to be delivered to customers away from the 7
service bar; 8
(64) "Sell" includes solicit or receive an order for, keep or expose for sale, keep with 9
intent to sell, and the delivery of any alcoholic beverage; 10
(65) "Small farm winery" means a winery whose wine production is not less than two 11
hundred fifty (250) gallons and not greater than five hundred thousand (500,000) 12
gallons in a calendar year; 13
(66) "Souvenir package" means a special package of distilled spirits available from a 14
licensed retailer that is: 15
(a) Available for retail sale at a licensed Kentucky distillery where the distilled 16
spirits were produced or bottled; or 17
(b) Available for retail sale at a licensed Kentucky distillery but produced or 18
bottled at another of that distiller's licensed distilleries in Kentucky; 19
(67) "State administrator" or "administrator" means the distilled sp irits administrator or 20
the malt beverages administrator, or both, as the context requires; 21
(68) "State park" means a state park that has a: 22
(a) Nine (9) or eighteen (18) hole golf course; or 23
(b) Full-service lodge and dining room; 24
(69) "Supplemental bar" means a bar, counter, shelving, or similar structure used for 25
serving and selling distilled spirits or wine by the drink for consumption on the 26
licensed premises to guests and patrons from additional locations other than the 27
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main bar; 1
(70) "Territory" means a county, city, district, or precinct; 2
(71) "Urban-county administrator" means an urban -county alcoholic beverage control 3
administrator; 4
(72) "Valid identification document" means an unexpired, government -issued form of 5
identification that contains the photograph and date of birth of the individual to 6
whom it is issued; 7
(73) "Vehicle" means any device or animal used to carry, convey, transport, or otherwise 8
move alcoholic beverages or any products, equipment, or appurtenances used to 9
manufacture, bottle, or sell these beverages; 10
(74) "Vintage distilled spirit" means: 11
(a) A private selection package; or 12
(b) A package or packages of distilled spirits that: 13
1. Are in their original manufacturer's unopened container; 14
2. Are not owned by a distillery; and 15
3. Are not otherwise available for purchase from a licensed wholesaler 16
within the Commonwealth; 17
(75) (a) "Vintage distilled spirits seller" means a nonlicensed person at least twenty -18
one (21) years of age who is: 19
1. An administrator, executor, receiver, or other fiduciary who receives and 20
sells vintage distilled spirits in execution of the person's fiduciary 21
capacity, including as the fiduciary of an estate; 22
2. A creditor who receives or takes possession of vintage distilled spirits as 23
security for, or in payment of, debt, in whole or in part; 24
3. A public officer or court official who levies on vintage distilled spirits 25
under order or process of any court or magistrate to sell the vintage 26
distilled spirits in satisfaction of the order or process; or 27
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4. Any other person not engaged in the business of selling alcoholic 1
beverages. 2
(b) "Vintage distilled spirits seller" does not mean: 3
1. A person selling alcoholic beverages as part of an approved KRS 4
243.630 transfer; or 5
2. A person selling alcoholic beverages as authorized by KRS 243.540; 6
(76) "Warehouse" means any place in which alcoholic beverages are housed or stored; 7
(77) "Weak cider" means any fermented fruit -based beverage containing more than one 8
percent (1%) but less than seven percent (7%) alcohol by volume; 9
(78) "Wet" means a territory in which a majority of the electorate voted to permit all 10
forms of retail alcoholic beverage sales by a local option election under KRS 11
242.050 or 242.125 on the following question: "Are you in favor of the s ale of 12
alcoholic beverages in (name of territory)?"; 13
(79) "Wholesale sale" means a sale to any person for the purpose of resale; 14
(80) "Wholesaler" means any person who distributes alcoholic beverages for the purpose 15
of being sold at retail, but it shall no t include a subsidiary of a manufacturer or 16
cooperative of a retail outlet; 17
(81) "Wine" means the product of the normal alcoholic fermentation of the juices of 18
fruits, with the usual processes of manufacture and normal additions, and includes 19
champagne and sparkling and fortified wine of an alcoholic content not to exceed 20
twenty-four percent (24%) by volume. It includes sake, cider, hard cider, and perry 21
cider and also includes preparations or mixtures vended in retail containers if these 22
preparations or mixtures contain not more than fifteen percent (15%) of alcohol by 23
volume. It does not include weak cider; and 24
(82) "Winery" means any place or premises in which wine is manufactured from any 25
fruit, or brandies are distilled as a by -product of wine or other fruit, or cordials are 26
compounded, except a place or premises that manufactures wine for sacramental 27
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purposes exclusively. 1
Section 3. KRS 243.990 is amended to read as follows: 2
(1) Any person who, by himself or herself or acting through another, directly or 3
indirectly, violates any of the provisions of KRS 243.020 to 243.670, for which no 4
other penalty is provided, shall, for the fir st offense, be guilty of a Class B 5
misdemeanor; and for the second and each subsequent violation, he or she shall be 6
guilty of a Class A misdemeanor. The penalties provided for in this subsection shall 7
be in addition to the revocation of the offender's license. 8
(2) Any person who, by himself or herself or through another, directly or indirectly, 9
violates subsection (1) of KRS 243.020 shall, for the first offense, be guilty of a 10
Class B misdemeanor; for the second offense, he or she shall be guilty of a Clas s A 11
misdemeanor; and for the third and each subsequent offense, he or she shall be 12
guilty of a Class D felony. 13
(3) Any person who violates subsection (3) of KRS 243.020 shall be guilty of a 14
violation. 15
(4) Any person who violates KRS 243.620 with respect to a license issued under KRS 16
243.050 or 243.082 shall be guilty of a violation. 17
(5) Any person who violates any of the provisions of KRS 243.720 or 243.730 or any 18
regulation issued thereunder shall be guilty of a Class A misdemeanor. 19
(6) Any person who violates any provision of KRS 243.710 to 243.850 shall be subject 20
to the uniform civil penalties imposed pursuant to KRS 131.180. 21
(7) In every case, any tax imposed by KRS 243.710 to 243.720 which is not paid on or 22
before the due date shall bear interest at th e tax interest rate as defined in KRS 23
131.010(6) from the due date until the date of payment. 24
(8) Any person who, by himself or herself or acting through another, directly or 25
indirectly, violates KRS 243.502(1) shall, for the first offense, be guilty of a Class 26
B misdemeanor, and for the second and each subsequent violation, he or she shall 27
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be guilty of a Class A misdemeanor. The penalties provided for in this subsection 1
shall be in addition to the suspension or revocation of the offender's license. 2
(9) Any person who violates the provisions of KRS 243.897 shall be subject to a fine 3
not to exceed one thousand dollars ($1,000). 4
(10) Any vintage distilled spirits seller who, by himself or herself or acting through 5
another, directly or indirectly, violates [ any of the provisions of] KRS 243.232 6
7[(6)] shall: 7
(a) For the first offense, pay a five hundred dollar ($500) fine; 8
(b) For the second offense, pay a two thousand five hundred dollar ($2,500) fine; 9
and 10
(c) For the third and each subsequent offense, pay a fi ve thousand dollar ($5,000) 11
fine. 12