10SS HB6
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HB6

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HB 6/LM (BR 12) - L. Belcher, S. Westrom

     AN ACT relating to promotional sampling of distilled spirits and wine and declaring an emergency.
     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; prohibit 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 a 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 Department 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; EMERGENCY.

HB 6 - AMENDMENTS


     HCS/LM - Delete amendment to KRS 243.0305, retain other provisions; amend KRS 244.050 to specify that the provisions of the Act are effective only until October 31, 2010; require sampling locations to be at least 15,000 square feet and located in counties with a population of at least 70,000 that have approved the sale of alcoholic beverages on Sunday; amend KRS 243.030 to specify new sampling license categories for distillers, wholesalers, small farm wineries, and small farm winery wholesalers.

     HFA (1, T. Riner) - Retain original provisions, except add legislative findings that it is not in the best interests of families and children for alcoholic beverages to be sampled during events attended by children when the events are held at state-owned facilities; encourage those formulating policies governing state-owned facilities that hold sampling events to consider the long-term negative impact on children when the Commonwealth allows alcohol sampling during events held at state-owned facilities.

     HFA (2, T. Riner) - Retain original provisions, except require separation of the area of a premise where distilled spirit or wine sampling takes place from the remainder of the premises; direct a sampling licensee or its employees, servants, or agents to keep any person under 18 years of age out of the area of the premises where sampling is taking place; require a partition between the sampling area and the remainder of the premises to obstruct the viewing of sampling activities by anyone except those persons within the sampling area.

     HFA (3, T. Riner) - Retain original provisions, except add legislative findings that it is not in the best interests of families and children for alcoholic beverages to be sampled during events attended by children when the events are held at state-owned facilities; encourage those formulating policies governing state-owned facilities that hold sampling events to consider the long-term negative impact on children when the Commonwealth allows alcohol sampling during events held at state-owned facilities.

     HFA (4, T. Riner) - Retain original provisions, except require separation of the area of a premise where distilled spirit or wine sampling takes place from the remainder of the premises; direct a sampling licensee or its employees, servants, or agents to keep any person under 18 years of age out of the area of the premises where sampling is taking place; require a partition between the sampling area and the remainder of the premises to obstruct the viewing of sampling activities by anyone except those persons within the sampling area.

     HFA (5, D. Keene) - Retain original provisions, except delete provision mandating the expiration of the Act on October 31, 2010; add language to permit use of a sampling license on the premises or away from the premises in counties in which a distillery is located without meeting the requirement of a location having at least 15,000 square feet applicable to counties with a population of at least 70,000.

     HFA (6, L. Belcher) - Retain original provisions except delete provisions for sampling license fees based on a daily amount; retain $100 per annum fee.

     HFA (7, T. Riner) - Retain original provisions, except add legislative findings in response to the U.S. Surgeon General's "Call to Action to Prevent and Reduce Underage Drinking"; state that the call to action included goals of fostering societal changes that facilitate healthy adolescent development, helping to prevent and reduce underage drinking, and working to ensure that policies at all levels are consistent with the national goal of preventing and reducing underage alcohol consumption; include legislative findings that it is not in the best interest of the Commonwealth to allow underage youth to view the sampling of whiskey, bourbon, and other distilled spirits at events held at state-owned facilities; add legislative findings that it is in the public interest for representatives of the distilled spirits industry to educate the public during sampling events at state-owned facilities regarding the dangers cited in the Surgeon General's call to action.

     HFA (8, T. Riner) - Retain original provisions, except add legislative findings in response to the U.S. Surgeon General's "Call to Action to Prevent and Reduce Underage Drinking"; state that the call to action included goals of fostering societal changes that facilitate healthy adolescent development, helping to prevent and reduce underage drinking, and working to ensure that policies at all levels are consistent with the national goal of preventing and reducing underage alcohol consumption; include legislative findings that it is not in the best interest of the Commonwealth to allow underage youth to view the sampling of whiskey, bourbon, and other distilled spirits at events held at state-owned facilities; add legislative findings that it is in the public interest for representatives of the distilled spirits industry to educate the public during sampling events at state-owned facilities regarding the dangers cited in the Surgeon General's call to action.

     May 24-introduced in House; to Licensing & Occupations (H); taken from Licensing & Occupations (H); 1st reading; returned to Licensing & Occupations (H); posting waived
     May 25-reported favorably, 2nd reading, to Rules with Committee Substitute; placed in the Orders of the Day for Wednesday, May 26, 2010; floor amendments (1) and (2) filed ; floor amendments (3) (4) and (5) filed to Committee Substitute
     May 26-floor amendment (6) filed to Committee Substitute ; 3rd reading; floor amendment (4) ruled out of order ; floor amendment (2) defeated ; floor amendment (1) adopted ; defeated 43-51
     May 28-floor amendment (8) filed to Committee Substitute, floor amendment (7) filed

Vote History
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