10RS House Bill 167

House Bill 167

Actions

Last Action	to Licensing & Occupations (H)
Title	AN ACT relating to promotional sampling of distilled spirits and wine.
Bill Documents	Bill
Impact Statements	Local Mandate
Bill Request Number	399
Sponsors	S. Westrom, L. Belcher, S. Brinkman, T. Burch, L. Clark, J. Crenshaw, R. Crimm, J. DeCesare, B. DeWeese, B. Farmer, K. Flood, D. Floyd, J. Gooch Jr., D. Horlander, J. Jenkins, C. Miller, D. Osborne, D. Owens, R. Palumbo, C. Rollins II, R. Weston, A. Wuchner
Summary of Original Version	Amend KRS 243.0305 to make the hours and days of operation for a souvenir retail liquor licensee subject to local ordinance; amend KRS 243.130, 243.154, and 243.170 to allow manufacturers, small farm winery wholesalers, and wholesalers to distribute wine or distilled spirits under a sampling license; amend KRS 244.050 to allow retail drink, retail package, and souvenir retail liquor licensees to give a customer 3 distilled spirit samples per day rather than 2 samples under a sampling license; permit a licensed distiller, wholesaler, small farm winery, or small farm winery wholesaler to acquire a sampling license; limit these sampling licensees to providing the standard size and number of complimentary samples of distilled spirits or wine per day to each customer during regular business hours at a retailer's licensed premises; authorize the sampling licensee or its agents, servants, or employees to address the customer and pour and serve samples at the retailer's premises; require retail licensees to sell the distilled spirits used for a complimentary sampling event at no more than the retail licensee's normal selling price; permit the retail licensee to bill on a per-event basis in the usual course of business; forbid a distiller from using its sampling license on its distillery premises unless it also holds a souvenir retail liquor license; prohibit a wholesaler, small farm winery, or small farm winery wholesaler from using its sampling license at its business premises if the premises is located in dry territory; preclude a distiller, wholesaler, small farm winery, or small farm winery wholesaler sampling licensee from concurrently holding a distilled spirits sampling event and a wine sampling event at the same premises unless the Office for Alcoholic Beverage Control has approved the event in advance; authorize distiller licensees to give a consumer who is touring the distillery for educational purposes one complimentary sample of up to 1/2 ounce of un-aged product manufactured at the distillery premises; enable distiller, wholesaler, small farm winery, or small farm winery wholesaler sampling licensees to offer consumers branded nonalcoholic promotional items of nominal value in conjunction with a distillery or winery tour or a complimentary sampling event; prohibit the use of caffeinated alcoholic beverages as samples or promotional items either offered or provided to customers or consumers under a sampling license.
Index Headings of Original Version	Local Mandate - Sampling license, use by distillers, small farm wineries, and all wholesalers Alcoholic Beverages - Sampling license, used by distillers, small farm wineries, and all wholesalers Distilled Spirits - Sampling license, used by distillers, small farm wineries, and all wholesalers Licensing - Sampling license, used by distillers, small farm wineries, and all wholesalers Local Government - Souvenir retail liquor licensees, hours and days of operation to be set by local ordinance Sunday Closing - Souvenir retail liquor licensees, hours and days of operation to be set by local ordinance Wines and Wineries - Sampling license, use by distillers, small farm wineries, and all wholesalers

12/18/09	Prefiled by the sponsor(s).
01/05/10	introduced in House to Licensing & Occupations (H)