Title 804 | Chapter 004 | Regulation 280


804 KAR 4:280.Affiliated businesses.

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: (12 Ky.R. 1120; eff. 1-3-1986; TAm eff. 4-30-2013; Crt eff. 3-26-2019.)

7-Year Expiration: 3/26/2026

Last Updated: 12/15/2021


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