05RS SB73

SB73

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SB 73 (BR 888) - G. Tapp

     AN ACT relating to wineries.
     Amend KRS 243.155 and 243.156 to limit malt beverage sales by small and farm wineries to sales for consumption on the premises only.

SB 73 - AMENDMENTS


     SFA (1, T. Buford) - Require that one of two questions be presented to the voters when a local option precinct election is being held for a small or farm winery; include language in the alternative question specifying that the vote limits the winery's sale of malt beverages to consumption on the premises, only.

     HCS - Retain original provisions, except define distributor and malt beverage; provide that a new brewer or importer who purchases brands from a previous brewer or importer be bound by all terms and conditions in the distribution agreement in effect immediately preceding the sale; make a brewer, importer, or distributor who violates certain provisions subject to attorney fees as well as damages; expand the list of violations subject to damages of fair market value; prohibit a brewer or distributor from providing draught line and coil-cleaning service or filters to a malt beverage retailer.

     HCA (1/Title, L. Clark) - Make title amendment.

     HFA (1, R. Palumbo) - Retain provisions to amend KRS 243.155 and 243.156 to limit malt beverage sales by small and farm wineries to sales for consumption on the premises only; delete section that adds definitions for distributor and malt beverage; delete sections that relate to distribution agreements among malt beverage brewers, importers, or distributors; delete sections relating to the furnishing of draught line and coil-cleaning service or filters to a malt beverage retailer.

     HFA (2/Title, R. Palumbo) - Make title amendment.

     HFA (3, R. Palumbo) - Retain provisions to amend KRS 243.155 and 243.156 to limit malt beverage sales by small and farm wineries to sales for consumption on the premises only; delete section that adds definitions for distributor and malt beverage; delete sections that relate to distribution agreements among malt beverage brewers, importers, or distributors; delete sections relating to the furnishing of draught line and coil-cleaning service or filters to a malt beverage retailer.

     HFA (4, B. Smith) - Prohibit a person holding a license under KRS 243.040 or his or her subsidiary from selling soft drinks or from selling services or products to a public school.

     HFA (5/Title, B. Smith) - Make title amendment.

     HFA (6, M. Harmon) - Require farm wineries that do not currently hold a retail malt beverage license, on the effective date of this Act, to be licensed for three years and to manufacture at least 1000 gallons of wine as preconditions for obtaining a malt beverage license; require that the malt beverage license of a farm winery whose production is less than 1000 gallons not be renewed.

     HFA (7, M. Harmon) - Require small wineries that do not hold a malt beverage license to have been licensed at least three years and to produce at lest 1000 gallons of wine prior to being issued a malt beverage license; require that the malt beverage license not be renewed if a winery fails to meet the production requirements each year.

     HFA (8, D. Butler) - Amend KRS 244.604 to define distributor and malt beverages.

     HFA (9, M. Harmon) - Require that a retail malt beverage license be issued to small and farm wineries that do not hold a malt beverage license only if they have been a licensed winery for at least three years and have manufactured at least 1,000 gallons of wine in each of the past three years; require that malt beverage licenses held by the wineries producing less than 1,000 gallons of wine not be renewed.

     HFA (10, M. Harmon) - Require that a retail malt beverage license be issued to small and farm wineries that do not hold a malt beverage license only if they have been a licensed winery for at least three years and have manufactured at least 1,000 gallons of wine in each of the past three years; require that malt beverage licenses held by the wineries producing less than 1,000 gallons of wine not be renewed.

     HFA (11, R. Rand) - Increase by 10,000 gallons the amount of wine a small or farm winery may manufacture; make the maximum size of a sample given at a farm winery consistent with the size that applies to a small winery.

     HFA (12, R. Rand) - Increase by 10,000 gallons the amount of wine a small or farm winery may manufacture; make the maximum size of a sample given at a farm winery consistent with the size that applies to a small winery.

     HFA (13, M. Harmon) - Require that a retail malt beverage license be issued to small and farm wineries that do not hold a malt beverage license only if the wineries have been licensed as a winery for at least three years and have manufactured at least 750 gallons of wine in each of the past three years; require that malt beverage licenses held by the wineries producing less than 750 gallons of wine not be renewed; exempt wineries with pending applications for malt beverage licenses and those with existing licenses from the experience and production requirements.

     HFA (14, M. Harmon) - Require that a retail malt beverage license be issued to small and farm wineries that do not hold a malt beverage license only if the wineries have been licensed as a winery for at least three years and have manufactured at least 750 gallons of wine in each of the past three years; require that malt beverage licenses held by the wineries producing less than 750 gallons of wine not be renewed; exempt wineries with pending applications for malt beverage licenses and those with existing licenses from the experience and production requirements.

     HFA (15, D. Butler) - Retain original provisions, add procedures to provide compensation to a distributor who is not extended distribution rights to the brewer's or importer's products by a successor brewer or importer; require that the existing distributor be compensated if the distributor's rights to distribute the product are terminated; require that arbitration be used if the parties are unable to reach an agreement; establish timelines for providing notice and reaching decisions; require that the arbitration award be for monetary damages only and not compel or enjoin conduct; permit the existing distributor to continue to distribute the product if the successor does not compensate the existing distributor in a timely manner.

     HFA (16/Title, R. Wilkey) - Make title amendment.

     Feb 1-introduced in Senate
     Feb 2-to Licensing, Occupations & Administrative Regulations (S)
     Feb 8-reported favorably, 1st reading, to Calendar
     Feb 9-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 10, 2005
     Feb 10-passed over and retained in the Orders of the Day; floor amendment (1) filed
     Feb 11-3rd reading; floor amendment (1) defeated; passed 34-0
     Feb 14-received in House
     Feb 15-to Licensing and Occupations (H); posting waived
     Feb 16-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
     Feb 17-2nd reading, to Rules
     Feb 18-floor amendment (3) filed to Committee Substitute, floor amendments (1) and (2-title) filed; floor amendment (1) withdrawn
     Feb 23-posted for passage in the Regular Orders of the Day for Thursday, February 24, 2005
     Feb 24-floor amendments (4) (6) and (9) filed to Committee Substitute, floor amendments (5-title) (7) (8) and (10) filed
     Feb 25-floor amendment (12) filed to Committee Substitute, floor amendment (11) filed
     Feb 28-floor amendment (13) filed to Committee Substitute, floor amendment (14) filed
     Mar 1-floor amendments (6) (7) (9) and (10) withdrawn; floor amendment (15) filed
     Mar 2-floor amendment (16-title) filed; 3rd reading; floor amendment (14) defeated; passed 74-5 with committee amendment (1-title), floor amendment (15)
     Mar 3-received in Senate
     Mar 8-posted for passage for concurrence in House committee amendment (1-title), floor amendment (15) on Tuesday, March 8, 2005 as a Consent bill; Senate concurred in House committee amendment (1-title), floor amendment (15); passed 37-0; enrolled, signed by each presiding officer; delivered to Governor
     Mar 18-signed by Governor (Acts ch. 142)


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