Senate Bill 40

Actions | Amendments
Last Action signed by Governor (Acts ch. 125)
Title AN ACT relating to the sale of alcoholic beverages at restaurants.
Bill Documents Bill
Bill Request Number 175
Sponsor J. Schickel
Summary of Original Version Amend KRS 241.010 to specify that restaurants must receive at least fifty percent of their food and beverage income from the sale of food.
Index Headings of Original Version Licensing - Retail drink license, food sales requirement
Small Business - Restaurants, retail drink license requirement
Wines and Wineries - Restaurants, retail drink license requirement
Alcoholic Beverages - Restaurants, retail drink license requirement
Distilled Spirits - Restaurants, retail drink license requirement
Proposed Amendments Senate Committee Substitute 1
House Committee Substitute 1
House Committee Amendment 1
House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
House Floor Amendment 4
House Floor Amendment 5
Votes Vote History

Actions

Top | Amendments
09/07/11
  • Prefiled by the sponsor(s).
10/05/11
  • To: Interim Joint Committee on Licensing and Occupations
01/03/12
  • introduced in Senate
  • to Licensing, Occupations, & Administrative Regulations (S)
01/10/12
  • reported favorably, 1st reading, to Calendar with Committee Substitute
01/11/12
  • 2nd reading, to Rules
01/19/12
  • posted for passage in the Regular Orders of the Day for Friday, January 20, 2012
01/20/12
  • 3rd reading, passed 28-2 with Committee Substitute
  • received in House
01/23/12
  • to Licensing & Occupations (H)
02/29/12
  • posted in committee
03/07/12
  • reported favorably, 1st reading, to Consent Calendar with Committee Substitute, committee amendment (1)
  • floor amendments (2) and (3) filed to Committee Substitute, floor amendment (1) filed
03/08/12
  • 2nd reading, to Rules
  • floor amendment (4) filed
03/12/12
  • posted for passage in the Consent Orders of the Day for Wednesday, March 14, 2012
03/13/12
  • taken from the Consent Orders of the Day, placed in the Regular Orders of the Day
03/23/12
  • floor amendments (3) and (4) withdrawn
03/27/12
  • floor amendment (1) withdrawn
  • floor amendment (5) filed
03/28/12
  • 3rd reading
  • Committee Substitute defeated
  • passed 48-37 with floor amendment (5)
03/29/12
  • received in Senate
03/30/12
  • posted for passage for concurrence in House floor amendment (5)
  • Senate concurred in House floor amendment (5)
  • passed 28-5
  • enrolled, signed by each presiding officer
  • delivered to Governor
04/11/12
  • signed by Governor (Acts ch. 125)

Proposed Amendments

Top | Actions
Amendment Senate Committee Substitute 1
Summary Retain original provisions; amend KRS 242.1295, 243.032, 243.250, and 244.090 to require a restaurant to derive at least 50% of its food and beverage sales from the sale of food; amend KRS 243.220 to rescind the requirement that a retail alcohol licensee premises have a street level entrance in a business center or on a main thoroughfare; remove the accompanying exemptions; amend KRS 153.460, 244.125, 244.290, and 244.295 to require a restaurant to derive less than 50% of its food and beverage sales from the sale of alcohol.
Index Headings Licensing - Retail drink license, food sales requirement
Small Business - Restaurants, retail drink license requirement
Wines and Wineries - Restaurants, retail drink license requirement
Alcoholic Beverages - Restaurants, retail drink license requirement
Distilled Spirits - Restaurants, retail drink license requirement

Amendment House Committee Substitute 1
Summary Retain original provisions; amend KRS 241.010 to clarify definition of "qualified historic site" and remove lodging requirement; amend KRS 243.030 to establish a microdistillery license with $500 annual fee; amend KRS 243.042 to clarify locations of qualified historic sites; create a new section of KRS Chapter 243 to establish business authorized by a microdistillery license.
Index Headings Licensing - Retail drink license, food sales requirement
Small Business - Restaurants, retail drink license requirement
Wines and Wineries - Restaurants, retail drink license requirement
Alcoholic Beverages - Restaurants, retail drink license requirement
Distilled Spirits - Restaurants, retail drink license requirement

Amendment House Committee Amendment 1
Sponsor D. Keene
Summary Make title amendment.
Index Headings Licensing - Retail drink license, food sales requirement
Small Business - Restaurants, retail drink license requirement
Wines and Wineries - Restaurants, retail drink license requirement
Alcoholic Beverages - Restaurants, retail drink license requirement
Distilled Spirits - Restaurants, retail drink license requirement

Amendment House Floor Amendment 1
Sponsor B. Damron
Summary Retain original provisions except amend KRS 243.150 to permit the holder of a brewer license to serve on the premises of the brewery complimentary samples of its malt beverages in an amount not to exceed 16 ounces per patron per day; amend KRS 243.040 to create a souvenir retail malt beverage license and establish a $500 annual fee; create a new section of KRS Chapter 243 to permit the department to issue a souvenir malt beverage license to a licensed brewer that has a gift shop or retail outlet on its premises; permit a souvenir retail malt beverage licensee to sell souvenir packages in quantities not to exceed 144 ounces per visitor per day; prohibit a souvenir malt beverage license holder from selling malt beverage at retail by the drink for consumption at the brewery; require souvenir retail malt beverage licenses to be governed by all statutes and administrative regulations governing a retailer and the retail sale of malt beverages by the package; amend KRS 243.0305 to remove the hours of sale for a souvenir retail liquor license.
Index Headings Licensing - Retail drink license, food sales requirement
Small Business - Restaurants, retail drink license requirement
Wines and Wineries - Restaurants, retail drink license requirement
Alcoholic Beverages - Restaurants, retail drink license requirement
Distilled Spirits - Restaurants, retail drink license requirement

Amendment House Floor Amendment 2
Sponsor B. Damron
Summary Retain original provisions except amend KRS 243.150 to permit the holder of a brewer license to serve on the premises of the brewery complimentary samples of its malt beverages in an amount not to exceed 16 ounces per patron per day; amend KRS 243.040 to create a souvenir retail malt beverage license and establish a $500 annual fee; create a new section of KRS Chapter 243 to permit the department to issue a souvenir malt beverage license to a licensed brewer that has a gift shop or retail outlet on its premises; permit a souvenir retail malt beverage licensee to sell souvenir packages in quantities not to exceed 144 ounces per visitor per day; prohibit a souvenir malt beverage license holder from selling malt beverage at retail by the drink for consumption at the brewery; require souvenir retail malt beverage licenses to be governed by all statutes and administrative regulations governing a retailer and the retail sale of malt beverages by the package; amend KRS 243.0305 to remove the hours of sale for a souvenir retail liquor license.
Index Headings Licensing - Retail drink license, food sales requirement
Small Business - Restaurants, retail drink license requirement
Wines and Wineries - Restaurants, retail drink license requirement
Alcoholic Beverages - Restaurants, retail drink license requirement
Distilled Spirits - Restaurants, retail drink license requirement

Amendment House Floor Amendment 3
Sponsor A. Simpson
Summary Retain original provisions; amend KRS 244.290 to permit the sale of alcoholic beverages on any regular or primary election day if authorized by designated county or city governmental bodies; amend KRS 244.480 to retailers to sell, give away, or deliver malt beverages during the hours polls are open on a primary or regular election day when permitted by ordinance adopted by designated local governments; amend KRS 242.100 to permit places where alcoholic beverages are sold to remain open during the day of election when authorized by ordinance by designated local governments, permit the sale of alcoholic beverages on the day a local option election is held and to permit the sale of distilled spirits and wine on any primary or regular election day when authorized by ordinance of designated local governments.
Index Headings Licensing - Retail drink license, food sales requirement
Small Business - Restaurants, retail drink license requirement
Wines and Wineries - Restaurants, retail drink license requirement
Alcoholic Beverages - Restaurants, retail drink license requirement
Distilled Spirits - Restaurants, retail drink license requirement

Amendment House Floor Amendment 4
Sponsor A. Simpson
Summary Retain original provisions; amend KRS 244.290 to permit the sale of alcoholic beverages on any regular or primary election day if authorized by designated county or city governmental bodies; amend KRS 244.480 to retailers to sell, give away, or deliver malt beverages during the hours polls are open on a primary or regular election day when permitted by ordinance adopted by designated local governments; amend KRS 242.100 to permit places where alcoholic beverages are sold to remain open during the day of election when authorized by ordinance by designated local governments; permit the sale of alcoholic beverages on the day a local option election is held and to permit the sale of distilled spirits and wine on any primary or regular election day when authorized by ordinance of designated local governments.
Index Headings Licensing - Retail drink license, food sales requirement
Small Business - Restaurants, retail drink license requirement
Wines and Wineries - Restaurants, retail drink license requirement
Alcoholic Beverages - Restaurants, retail drink license requirement
Distilled Spirits - Restaurants, retail drink license requirement

Amendment House Floor Amendment 5
Sponsor C. Rollins II
Summary Retain original provisions; amend KRS 241.010 to revise the definition of "qualified historic site" to remove lodging requirement and authorize seating to be at tables, booths, or bars where food may be served; amend KRS 243.042 to authorize a qualified historic site license to be issued in any territory not under prohibition or any precinct which has authorized the issuance of qualified historic site licenses.
Index Headings Licensing - Retail drink license, food sales requirement
Small Business - Restaurants, retail drink license requirement
Wines and Wineries - Restaurants, retail drink license requirement
Alcoholic Beverages - Restaurants, retail drink license requirement
Distilled Spirits - Restaurants, retail drink license requirement

Last updated: 8/27/2019 8:05 PM (EDT)