804 KAR 1:100. General advertising practices.

      RELATES TO: KRS 244.130, 244.500, 244.590

      STATUTORY AUTHORITY: KRS 241.060

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 244.130 authorizes the Office of Alcoholic Beverage Control to regulate the advertising of alcoholic beverages. This administrative regulation establishes standards for advertising in a manner consistent with modern marketing practices and in conformance with relevant statutory provisions and legislative intent.

      Section 1. A licensee shall advertise in conformity with the Kentucky Revised Statutes and administrative regulations governing alcoholic beverages.

      Section 2. (1) A licensee may use outdoor advertising.

      (2) Outdoor advertising by a manufacturer, producer, brewer, vintner, distributor or wholesaler pursuant to this section shall not contain the name or business designation (DBA) or any reference whatsoever to any retail licensee.

      Section 3. A licensee may advertise in material directed to the home or business of the consumer if the advertising material is in conformity with the provisions of KRS 244.130 and this administrative regulation.

      Section 4. (1) Except as provided by, subsection (2) of this section, advertising novelties shall be permitted.

      (2) A licensee shall not require, directly or indirectly, the purchase or consumption of any alcoholic beverage as a condition for the sale, gift, or reduction in price of any advertising novelty.

      (3) Except as provided for under KRS 244.590(2)(a), a malt beverage distributor shall not sell, give away or furnish advertising novelties, in any manner, directly or indirectly, to a retail licensee.

      Section 5. A licensee may advertise by means of radio and television.

      Section 6. (1) A licensee may sponsor or cosponsor athletic leagues, tournaments, contests and charitable events provided that the consumption or purchase of alcoholic beverages shall not be a requirement, directly or indirectly, for participation.

      (2) A licensee sponsoring or cosponsoring an event described in subsection (1) of this section upon a retail licensed premises shall not require, directly or indirectly, the retail licensee to purchase, sell, or distribute the products of the sponsoring licensee as a condition for participation in or in connection with the event described in this administrative regulation.

      Section 7. A licensee shall not use the terms "free," "complimentary" or any other terms, which imply or suggest giveaways in the advertising of alcoholic beverages in any advertisement.

      Section 8. A licensee shall not advertise any product, service or activity, which the licensee is prohibited by statute or administrative regulation from selling, providing, or conducting. (8 Ky.R. 214; Am. 437; eff. 12-1-81; 9 Ky.R. 261; eff. 9-8-82; 11 Ky.R. 994; eff. 1-7-85; 18 Ky.R. 186; eff. 8-30-91; 31 Ky.R. 616; 935; eff. 11-26-2004.)