98RS HB565


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HB 565 (BR 532) - De. Butler, J. Jenkins, E. Jordan, R. Palumbo

     AN ACT relating to alcoholic beverages.
     Create a new section of KRS Chapter 243 to permit the Board of Alcoholic Beverage Control to seek judicial enforcement of its orders if a licensee fails to comply; amend various sections of KRS Chapters 241, 243, and 244 to permit the destruction of evidence after all administrative and judicial proceedings are concluded; delete requirement that the board approve local regulations and ordinances; extend the time for taking an appeal to the state board from 10 to 30 days; prohibit anyone convicted of a felony from obtaining a license within five years of the later of the person's conviction, parole, or termination of probation, and exempt person with existing license from the previous prohibition; increase the percentage of food sales a restaurant or private club must maintain to buy wine in containers smaller than 100 millimeters from 40% to 50%; standardize public protest period from 17 days for malt beverages and 37 days for distilled spirits to 30 days for both; permit the state administrator to reject incomplete applications and require the state administrator in rejecting applications to provide the applicant with a written list of deficiencies at the time the application is returned; standardize the fine retailers may pay in lieu of suspension; permit the board to revoke a license if the licensee or a servant, agent, or employee has been convicted of a felony; establish guidelines for disposing of inventory; require that any licensee selling an interest in a license file a joint application with the prospective buyer; expand definition of cash sales to include electronic transfers if specified criteria are met; require that a retail licensee know of a person's condition or status as a habitual drunkard or felon before liability is imposed on the retailer for selling that person alcohol; prohibit deliveries away from the premises; require that 18-year-olds who stock malt beverages do so under supervision; prohibit licensee from hiring anyone convicted of a felony, rather than just alcohol-related felonies, within two years of conviction; permit Sunday distilled spirits and wine drink license to be issued with quota licenses; revise delivery and sales time for distilled spirit and wine sales in an urban-county government; require licensees to have name and license number posted or painted on window; create a penalty establishing that it is a Class D felony to knowingly provide false or misleading information to the department; repeal KRS 243.635.


     HCS - Retain original provisions; create an extended supplemental license in cities of the first class or a county containing such a city; make technical changes.
     HFA (1, D. Butler) - Make technical correction.
     HFA (2, D. Butler) - Restrict sales in urban-county governments from midnight to 6 a.m. unless otherwise established by ordinance.
     HFA (3, C. Hoffman) - Prohibit the delivery of malt beverages during the hours the polls are open; deem that the rotation of stock in areas that are inaccessible to the retail buyer, at times other than when a delivery is made, and the stocking, clerking , or bagging of malt beverages by an employee of a brewer or distributor are prohibited services and are considered to be consideration given.
     SCA (1, K. Nelson) - Amend KRS 243.500 to make revocation or suspension of license permissive rather than mandatory for certain conduct; delete amendments to penalty language.

     Feb 11-introduced in House
     Feb 12-to Licensing and Occupations (H)
     Feb 17-posted in committee; posting waived
     Feb 25-reported favorably, 1st reading, to Calendar with Committee Substitute; floor amendments (1) and (2) filed to the Committee Substitute
     Feb 26-2nd reading, to Rules
     Feb 27-posted for passage in the Regular Orders of the Day for March 2, 1998
     Mar 2-floor amendment (3) filed to Committee Substitute; 3rd reading, passed 90-1 with Committee Substitute and Floor Amendments (1) and (2)
     Mar 3-received in Senate
     Mar 4-to Licensing and Occupations (S)
     Mar 19-reported favorably, 1st reading, to Calendar with committee amendment (1)
     Mar 20-2nd reading, to Rules
     Mar 23-posted for passage in the Regular Orders of the Day for March 24, 1998
     Mar 24-3rd reading, passed 35-0 with committee amendment (1)
     Mar 25-received in House; posted for passage for concurrence in Senate amendment
     Mar 31-House concurred in Senate committee amendment (1); passed 80-13
     Apr 1-enrolled, signed by each presiding officer, delivered to Governor
     Apr 13-signed by Governor

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