TECHNICAL AMENDMENT

August 9, 2007

804 KAR 4:030. Transport permit, nonresident licensee.

      RELATES TO: KRS 243.030(20), 243.200

      STATUTORY AUTHORITY: KRS 241.060(1), 243.030(20)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 243.200 establishes the requirements for qualification as a transporter of distilled spirits and wine. The primary authorization of KRS 243.200 extends only to those referred to as "common carriers". Pursuant to KRS 241.060(1) and 243.030(20), this administrative regulation extends the same transportation privilege to nonresident distillers, vintners, or wholesalers to transport their products purchased in Kentucky to their place of business outside of Kentucky, and to nonresident distillers, vintners or rectifiers to deliver to licensed wholesalers in Kentucky. This administrative regulation is primarily for what would be considered as "company owned trucks" as distinguished from a common carrier. The fee for the transport permit, nonresident licensee appears in KRS 243.030(20).

      Section 1. (1) Pursuant to KRS 243.030(20), the Administrator of the Distilled Spirits Unit of the Office[Department] of Alcoholic Beverage Control is hereby empowered and authorized to issue a transport permit, which shall be designated "nonresident licensee's permit" to any nonresident distiller, vintner, or wholesaler who is authorized by the state of his residence and also by the federal government to receive and transport distilled spirits and wine.

      (2) A waiting period shall not be required, unless in the discretion of the administrator the waiting period is deemed necessary for the purpose of investigating the applicant.

      (3) Application for a nonresident licensee's permit shall be made in writing, under oath, on a form by the Office[Department] of Alcoholic Beverage Control that is incorporated by reference.

      (4) The application shall be accompanied by:

      (a) A photostatic copy of the applicant's Interstate Commerce Commission Authority (ICC) permit.

      (b) A statement that the applicant, if granted a permit, will allow any authorized field representative of the Office[Department] of Alcoholic Beverage Control to stop and examine the cargo of any truck or vehicle in which distilled spirits or wine are being transported within the boundaries of the Commonwealth of Kentucky.

      (c) A corporate surety bond in the amount of $2,500, the bond to be forfeited to the Commonwealth of Kentucky if the permittee violates any of the provisions of this administrative regulation.

      Section 2. (1) The following shall be required of the nonresident licensee after the license has been issued:

      (a) The name of the nonresident company, the special nonresident licensee's permit number, and the state and federal permit numbers shall be painted on both sides of the vehicle in uniform letters of contrasting color at least three (3) inches high, for those vehicles added or altered in the ordinary course of business after the effective date of this administrative regulation.

      (b) The driver of the vehicle shall have a photostatic copy of the nonresident licensee's permit from the Kentucky Office[Department] of Alcoholic Beverage Control in the vehicle.

      (c) All persons holding a Kentucky nonresident licensee's permit shall be required to file reports with the Revenue Cabinet on or before the 15th of each month, covering the preceding month's transactions. Only one (1) report may be submitted to cover each unit shipment of alcoholic beverages transported into and from the State of Kentucky. Each Revenue Cabinet report shall show the state license number, the name and address of consignor and consignee, shipping date, delivery date, number of cases according to size contained in each shipment, and shall be signed by an official of the company handling the shipment.

      (2) The nonresident licensee's permit shall authorize the holder to transport for himself only, distilled spirits and wine from the licensed premises of a Kentucky manufacturer, distiller, vintner or rectifier to his licensed premises only, and beverages on which the Kentucky tax has been paid may be transported from the licensed premises of a nonresident distiller, vintner or rectifier to wholesaler licensees within the Commonwealth of Kentucky, if he transports the alcoholic beverages in a truck or other vehicle owned and operated by a nonresident licensee, which shall have affixed to its side a sign in uniform letters of at least three (3) inches high containing the name of the company, and the state and federal permit numbers, for the vehicles added or altered in the ordinary course of business after the effective date of this administrative regulation.

      (3) That the permit may be revoked or suspended for any cause which the Alcoholic Beverage Control Board may in its sound discretion deem sufficient. Proceedings relative to revocation or suspension shall be the same as those provided for licensees under the alcoholic beverage law, pursuant to KRS Chapter 13B.

      Section 3. Incorporation by Reference. (1) "Transport permit, nonresident licensee - Schedule T" (10/11/2002) is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office[Department] of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (ABC 3:30; 1 Ky.R. 354; eff. 2-5-75; Am. 5 Ky.R. 1095; eff. 8-1-79; 30 Ky.R. 1085; 1767; eff. 1-23-04.)