804 KAR 4:170. Through transporter's license.

      RELATES TO: KRS 243.030(21), 243.200

      STATUTORY AUTHORITY: KRS 241.060

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 241.060 authorizes the Alcoholic Beverage Control Board to promulgate administrative regulations governing procedures relative to the transportation of alcoholic beverages. KRS 243.200 restricts the transportation of alcoholic beverages to those persons holding appropriate licensure. This administrative regulation establishes the requirements for through transportation.

      Section 1. (1) A person wishing to transport distilled spirits and wine through the Commonwealth of Kentucky over the public highways shall apply for and receive a "through transporter's license" from the Office of Alcoholic Beverage Control. This license shall entitle the holder to transport distilled spirits and wine during the period of the license. The transporting of distilled spirits and wine without benefit of a through transporter's license shall subject the offending party to the penalties established in KRS 243.990.

      (2) Application for a "through transporter's license" shall be made to the Office of Alcoholic Beverage Control, under oath, on Schedule "T" Transporter License An application for a "through transporter's license" shall be accompanied by:

      (a)1. A copy of the applicant's state and federal permits; or

      2. Evidence that the applicant is a common carrier under regulations prescribed by the Interstate Commerce Commission; and

      (b) A statement that the applicant shall allow any authorized representative of the Office of Alcoholic Beverage Control, the Department of Revenue, or Kentucky State Police, to stop and examine the cargo of any truck or vehicle in which distilled spirits or wine is being transported within the boundaries of the Commonwealth of Kentucky.

      (3) On approval, the license herein prescribed shall be issued.

      Section 2. (1) The driver of a vehicle so transporting shall be in the possession of:

      (a) Bills of lading, consignment, or other evidence of ownership of the cargo which tally with the cargo; and

      (b) A copy of the license.

      (2) Failure of the driver to be in possession of these documents shall be prima facie evidence of illegal trafficking.

      Section 3. Each applicant for a "through transporter's license" shall complete and submit to the Office of Alcoholic Beverage Control "Schedule 'T' Transporter License" form incorporated by reference in 804 KAR 4:410. (ABC 3:160; 1 Ky.R. 368; eff. 2-5-1975; Am. 5 Ky.R. 1098; eff. 8-1-79; 31 Ky.R. 620; 937; eff. 11-26-2004; 33 Ky.R. 1146; 1532; eff. 1-5-07.)