804 KAR 1:110. Wine tastings.
RELATES TO: KRS 244.240
STATUTORY AUTHORITY: KRS 241.060
NECESSITY, FUNCTION, AND CONFORMITY: KRS 244.240 prohibits a distiller, rectifier, vintner or wholesaler from making any gift or rendering any kind of service to any licensee under KRS 243.030 which in the sound judgment of the board may tend to influence the licensee to purchase the product of the distiller, rectifier, vintner or wholesaler. This administrative regulation is designed to regulate said educational meetings sponsored by suppliers and/or wholesalers for retail liquor licensees in a manner consistent with modern marketing practices and in conformance with relevant statutory provisions and legislative intent. Such educational affairs serve a useful purpose for the industry and the consuming public.
Section 1. Educational meetings, such as wine tastings and the introduction of new product or special packaging, sponsored by distillers, rectifiers, vintners or wholesalers for retail licensees under KRS 243.030 are permitted provided:
(1) Such meetings are held on licensed premises, other than premises licensed for the sale of package liquor at retail.
(2) Guests limited to retail liquor licensees and their employees.
(3) No service of any alcoholic beverage be made to minors.
(4) Activity limited to serving distilled spirits and/or wine and hors d'oeuvres.
(5) No alcoholic beverages may be given to be carried away from licensed premises by invited guests.
(6) No gift, or favor, of any kind may be given to the guests to be taken from the premises at which the meeting is conducted.
(7) Ten (10) days prior written notification must be given to Kentucky Office of Alcoholic Beverage Control containing detailed plans of the activity including estimated cost per guest.
(8) The activity does not include distillery and winery tours.
Section 2. Distillers, vintners and wholesalers may participate in private parties or fund raisers conducted by bona fide charitable organizations, church groups, civic groups and individuals at which distilled spirits and/or wine is served provided:
(1) The private party or fund raiser is held at a location licensed for sale of distilled spirits and wine by the drink or for which a special temporary drink license is issued.
(2) The distilled spirits and/or wine served is purchased through the retail license holder at the premises at which the event is held and paid for by the sponsoring organization.
(3) Industry participation is limited to furnishing pamphlets, literature, and personnel to address the assembly and serve the beverages. (10 Ky.R. 97; eff. 8-7-84; TAm eff. 8-9-2007.)