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HB 362 (BR 1305) - J. Jenkins, D. Horlander
AN ACT relating to containers for wine and distilled spirits.
Amend KRS 244.260 and 244.340 to provide that a wholesaler shall not purchase, import, keep upon the licensed premises, or sell distilled spirits in any container except the original sealed package containing quantities of not less than 50 milliliters; remove language relating to nonexistent federal revenue and state excise tax stamps on containers.
HB 362 - AMENDMENTS
HCS - Retain original language; amend KRS 244.230 to adopt federal standards of fill for distilled spirits and wine; deem distilled spirits and wine to be properly labeled if the labels conform to federal standards of fill.
SCS (1) - Retain original provisions; create new sections of KRS Chapter 244 to define "good cause", "affected wholesaler", "affected distributors", and "good faith"; require every brewer and importer of malt beverages to contract and agree in writing with each of its wholesalers and distributors to specify the rights and duties of the parties in regard to the sale of the brewers' and importers' products; prohibit certain specified actions in contract or agreements among the parties entered into after the effective date of this Act and any renewal or extension of contract existing prior to the effective date of this Act; require the wholesaler or distributor to maintain adequate physical facilities and personnel; require damages to be paid by brewers and importers who violate Section 6 of this Act.
SCS (2) - Amend to delete the original provisions; create new sections of KRS Chapter 244 to define "good cause," "affected distributor," and "good faith"; require every brewer and importer of malt beverages to contract and agree in writing with each of its distributors to specify the rights and duties of the parties in regard to the sale of the brewers' and importers' products; prohibit certain specified actions in agreements between the parties entered into after the effective date of the Act and any renewal or extension of agreements existing prior to the effective date of this Act; establish good cause reasons for termination of an agreement by a brewer or importer; require the distributor to maintain adequate physical facilities and personnel; establish damages to be paid by the party that engaged in the prohibited conduct including costs incurred by the brewer or distributor, under certain specified circumstances reasonable damages are the fair market value of the distributor's business unless there are liquidated damages agreed by the parties in the agreement, and in its discretion the court may consider attorney fees reasonably incurred as a result of the prohibited conduct; amend KRS 244.590 to permit a brewer or distributor to give, rent, loan, or sell to a malt beverage retailer certain specified advertising matter and to provide or furnish draught line cleaning or coil-cleaning service to a malt beverage retailer either directly or indirectly with the consent of the distributor.
SCA (1, G. Tapp) - Amend to remove provisions that adopt federal standards of fill for distilled spirits and wine; amend to remove provisions that prohibit wholesalers and retailers from purchasing, importing, or keeping upon the licensed premises, or to sell distilled spirits in any container except the original sealed package containing quantities of not less than 50 milliliters.
SCA (2/Title, G. Tapp) - Make title amendment.
SCA (3, G. Tapp) - Make technical corrections.
Jan 26-introduced in House
Jan 27-to Licensing and Occupations (H)
Feb 2-posted in committee
Feb 11-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 12-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 13, 2004
Feb 13-3rd reading, passed 69-17 with Committee Substitute
Feb 17-received in Senate
Feb 20-to Licensing, Occupations & Administrative Regulations (S)
Mar 17-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendments (1) and (2-title)
Mar 18-2nd reading, to Rules
Mar 22-recommitted to Licensing, Occupations & Administrative Regulations (S)
Mar 24-reported favorably, to Rules with Committee Substitute (2), committee amendment (3) as a Consent Bill; posted for passage in the Consent Orders of the Day for Thursday, March 25, 2004
Mar 25-taken from the Consent Orders of the Day, placed in the Regular Orders of the Day; 3rd reading; Committee Substitute withdrawn; committee amendment (1) withdrawn ; passed 31-2 with Committee Substitute (2), committee amendments (2-title) and (3) ; received in House; to Rules (H)
Mar 29-placed in the Orders of the Day; House concurred in Senate Committee Substitute (2), committee amendments (2-title) and (3) ; passed 51-36; enrolled, signed by each presiding officer; delivered to Governor
Apr 9-signed by Governor (Acts ch. 120)
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