804 KAR 4:160. Beer transporter.
RELATES TO: KRS 243.040, 243.090, 243.210
STATUTORY AUTHORITY: KRS 241.060
NECESSITY, FUNCTION, AND CONFORMITY: KRS 243.210 authorizes the issuance of malt beverage transporter's license only to transporters for hire. Pursuant to KRS 241.060(1) and 243.040(10), This administrative regulation extends the class of persons who can be a transporter to include those licensees who hold a beer wholesaler or distributor's license issued either by the State of Kentucky or by the state into which the malt beverages are to be transported. The license is restricted to the transportation of malt beverages for export only through Kentucky. The fee for the license appears in KRS 243.040(10).
Section 1. (1) The malt beverage administrator is hereby authorized to issue a special beer transporter's license to an applicant who holds a beer wholesaler or distributor's license issued by the state into which malt beverages are to be transported, or who is licensed by the state to transport those malt beverages.
(2) Applicants for the special beer transporter's license, and their employees, may be exempt from the requirements relative to Kentucky residence contained in KRS 243.100 and 244.090.
(3) The application for a special beer transporter's license shall contain a statement that the applicant, if granted a license, will allow any authorized field representative of the Office of Alcoholic Beverage Control to stop and examine the cargo of any truck or vehicle in which malt beverages are being transported within the boundaries of the Commonwealth of Kentucky.
(4) The licenses shall expire on the last day of a month assigned to the licensee by the office under KRS 243.090.
(5) A special beer transporter's license shall authorize the holder to transport malt beverages for export only, from the licensed premises of a Kentucky brewer or from the warehouse of the licensed Kentucky distributor, or from another state, through Kentucky; if the licensee transports the malt beverages in a truck or other vehicle owned and operated by its employees, which carries in the cab the Kentucky special beer transporter's license or a photostatic copy of it and which shall have affixed to each side a sign in uniform letters at least three (3) inches high, containing the name of the owner, state of issuance, and kind and number of its state license. The name of the state and the type of license may be abbreviated.
(6) A special beer transporter's license may be suspended or revoked 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 other licenses under the alcoholic beverage control act of Kentucky, pursuant to KRS Chapter 13B. (ABC 3:150; 1 Ky.R. 357; eff. 2-5-75; Am. 5 Ky.R. 1097; eff. 8-1-79; 30 Ky.R. 1090; 1510; eff. 1-5-2004; TAm eff. 8-9-2007.)