804 KAR 4:350. Out-of-state brewer license.

 

      RELATES TO: KRS 243.040(12) and (15), 243.360

      STATUTORY AUTHORITY: KRS 241.060(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 243.020(1) and 243.040(12) and (15) require that an out-of-state brewer obtain a license for the sale of a malt beverage to a Kentucky distributor. This administrative regulation establishes the requirements for licensing.

 

      Section 1. (1) An out-of-state brewer, distributor, importer for a brewer, or importer of a non-U.S. brand of malt beverage may obtain a license for importing a malt beverage into Kentucky if it is:

      (a) Licensed to do business in the state in which it is located; and

      (b) Registered with the Kentucky Revenue Cabinet.

      (2) An entity listed in subsection (1) of this section, who wishes to import more than 25,000 barrels or 775,000 gallons of malt beverage shall:

      (a) Apply for an out-of-state brewer license on an application provided by the cabinet;

      (b) Submit documentation required by the application; and

      (c) Pay the fee required by KRS 243.040(12).

      (3) An entity listed in subsection (1) of this section, who wishes to import less than 25,000 barrels or 775,000 gallons of malt beverage shall:

      (a) Apply for a limited out-of-state brewer license on an application provided by the office;

      (b) Submit documentation required by the application; and

      (c) Pay an annual fee required by KRS 243.040(15).

 

      Section 2. Pursuant to KRS 243.360(1) an out-of-state applicant shall be exempt from the notice requirements of KRS 243.360.

 

      Section 3. Each applicant for an out-of-state brewer license shall complete and submit to the Office of Alcoholic Beverage Control a "Schedule 'A' Agent's, Solicitor's, Out-of-State Brewer, Out-of-State Microbrewer and Beer Importer License" form incorporated by reference in 804 KAR 4:410. (25 Ky.R. 717; Am. 1048; eff. 11-13-98; 30 Ky.R. 1098; 1514; eff. 1-5-2004; 31 Ky.R. 622; eff. 11-26-04; 33 Ky.R. 1155; 1535; eff. 1-5-07.)