SB 13 (BR 84) - J. Schickel, W. Blevins Jr., D. Harper Angel, P. Hornback, K. Stein
AN ACT relating to the sale of alcoholic beverages on election days.
Amend KRS 244.290 to permit the sale of distilled spirits and wine on any primary, or regular, local option, or special election day; authorize the legislative body or fiscal court of a first through fourth class city or the legislative body of any form of county government to adopt an ordinance to prohibit or limit the hours and times of distilled spirits and wine sales within its boundaries on any primary, or regular, local option, or special election day; limit the changes regarding election day sales to territories that already allow some form of alcohol sales; forbid the fiscal court of a county containing a first through fourth class city from changing an election day sales decision made by a first through fourth class city within that county; preclude the county from imposing an action on a first through fourth class city if that city has taken no formal action regarding election day sales; amend KRS 244.295 to remove the prohibition against the sale of distilled spirits and wine on a primary or election day in an urban-county government; amend KRS 244.480 to permit the sale of malt beverages on any primary, or regular, local option, or special election day; authorize the legislative body or fiscal court of a first through fourth class city or the legislative body of any form of county government to adopt an ordinance to prohibit or limit the hours and times of malt beverage sales within its boundaries on any primary, or regular, local option, or special election day; establish malt beverage territorial limitations and county government restrictions identical to those for distilled spirits and wine; make technical changes; amend KRS 119.215 to conform; repeal KRS 242.100.
SB 13 - AMENDMENTS
HFA (1, M. Marzian) - Retain original provisions; amend KRS 244.050 to authorize the holder of a wine drink license to acquire a sampling license for tour or multi-site events directly associated with a downtown management district; limit sampling to events held in a city of the first class, a county containing a city of the first class, or a consolidated local government; allow only wine sampling licensees with licensed premises in that locality to conduct sampling; restrict sampling to free samples made available at licensed or unlicensed premises; require the premises to be a designated location along a specified, pre-announced route on the tour or multi-site event; direct licensees and their employees to prevent any person under 21 from consuming samples; permit only 1 sampling licensee at each location, with different licensees able to offer samples at different locations; restrict sample size to 1 ounce of wine; require the downtown management district to ensure that sampling licensees limit each customer to 6 wine samples per day; allow downtown management district sampling events to be held for 6 consecutive hours between noon and 11 p.m.
HFA (2/Title, M. Marzian) - Make title amendment.
HFA (3/P, D. Keene) - Retain original provisions; amend KRS 241.010 to define "qualified historic site" and other terms; replace references to prohibition or its discontinuance with the terms wet, dry, and moist throughout KRS Chapters 241 to 243; amend KRS 241.065 and 241.075 to clarify quota retail drink and package licenses in cities of the first class and consolidated local governments; create new sections of KRS Chapter 242 to move jurisdiction over local option elections relating to racing associations and small farm wineries to that chapter; create a new section of KRS Chapter 242 to state that territory that becomes moist after a special limited local option election remains dry in every respect except for the specific type of sales authorized by the election proposition; permit the territory to hold another election on the same question to return to dry status; amend KRS 242.020 to add petition language, create a "micro out-of-state distilled spirits and wine supplier's license"; allow micro licensees to import less than 2,000 gallons of distilled spirits and wine into Kentucky each year; delete the Social Security number requirement for each voter who signs a petition for a local option election; validate petition wording that substantially complies with the statutory petition wording; repeal and reenact KRS 242.070 to allow the committees favoring or opposing the local option proposition to certify challengers; repeal and reenact KRS 242.090 to make the regular precinct officers serve as local option precinct officers; amend KRS 242.120 to create a recanvass procedure for local option elections consistent with the recanvass procedure used for primaries and regular and special elections; amend KRS 242.123 to establish the petition language for a golf course local option election; move golf course licensing language to KRS Chapter 243; repeal and reenact KRS 242.1232 as a new section of KRS Chapter 243 to require compliance with KRS Chapter 344 by local option golf courses; amend KRS 242.1242 to establish the petition language for a qualified historic site local option election; move qualified historic site licensing language to KRS Chapter 243; repeal and reenact KRS 242.1244 to establish the petition language for a limited 50 seat or 100 seat restaurant local option election; move limited 50 seat and 100 seat restaurant licensing language to KRS Chapter 243; repeal and reenact KRS 242.125 to clarify and modernize language; amend KRS 242.127, 242.1292, 242.1297, 242.190, 242.200, 242.220, 242.300, 242.430, and 243.075 to conform with new wet, dry, and moist nomenclature; establish the petition language for a city of the second class local option election to become fully wet; remove the 5 year waiting period between city of the second class or city of the third class wet/dry local option elections to revert to the default waiting period of 3 years; repeal, reenact, and amend KRS 242.1295 as a new section of KRS Chapter 243 to maintain the requirement that a restaurant or dining facility in a hotel, motel, or inn receive at least 50% of its gross receipts from the sale of food; amend KRS 242.230, 242.250, 242.260, 242.270, 242.280, and 242.290 to make the listed dry territory restrictions apply to moist territory unless the alcoholic beverage is authorized under a moist election in that territory; create a new section of KRS Chapter 243 to move economic hardship determinations for regulatory ordinances by a city of the fourth class from KRS Chapter 242; create new sections of KRS Chapter 243 to establish licenses for malt beverage storage, distilled spirits and wine storage, malt beverage supplier and transporters; create new sections of KRS Chapter 243 to set out licensing requirements for a limited restaurant, golf course, or air transporter license; create new sections of KRS Chapter 243 to establish new nonquota type 1, 2, 3, and 4 licenses; amend KRS 243.020 to restrict the licenses issued in special local option territory to those that directly correspond with the types of sales approved by the voters of the territory; amend KRS 243.030, 243.040, 243.060, and 243.070 to add, remove, or modify license types and fees; amend KRS 243.0305 to merge the "souvenir retail liquor license" into the distiller's license and limit local fee increases on designated licenses; add NQ4 malt beverage retail drink licenses to the local fee statutes; clarify limitations on an NQ2 license issued to a 50 seat restaurant; amend KRS 243.033, 243.230, 243.240, 243.250, 244.290, 244.295, and 244.300 to designate quota retail package licenses, quota retail drink licenses, or both; allow a caterer licensee to cater a fundraising event that has a special temporary distilled spirits and wine auction license; amend KRS 243.035, 243.036, 243.110, 243.120, 243.130, 243.170, 243.200, 243.260, 243.280, 243.360, 243.480, 243.540, 244.030, 244.090, 244.167, 244.240, 244.250, 244.260, 244.440, 244.450, 244.590, and 244.600 to conform with license merging and renaming; amend KRS 243.037 to update service bar and supplemental bar restrictions; repeal and reenact KRS 243.050 to list requirements for extended hours supplemental licenses and Sunday retail distilled spirits and wine drink licenses; list details of city regulatory license fees; amend KRS 243.090 to authorize producers, wholesalers, or distributors to obtain licenses for either 1 year or 2 years; amend KRS 243.155 to remove local option election language transferred to KRS Chapter 242; repeal and reenact KRS 243.160 to allow a wholesaler to sell his or her products to the holder of special nonbeverage alcohol license; amend KRS 243.180 to allow a distributor to sell his or her products to the holder of special nonbeverage alcohol license; list additional requirements for a special temporary license; amend KRS 243.320 to establish a special nonbeverage alcohol license; amend KRS 243.340 to grant a special agent's or solicitor's license to nonresidents; amend KRS 243.380 to allow business entities that own more than 2 licensed premises to obtain a single master file; amend KRS 243.730 to remove surety bond requirements; create a new section of KRS Chapter 244 to establish medical amnesty for minors reporting an alcohol overdose; amend KRS 244.120 to forbid licensees, patrons, or employees from causing or allowing a disorderly premises; add public nuisance, criminal activity, or failing to meet health and safety codes to acts constituting a disorderly premises; amend KRS 119.215, 230.361, 243.042, 243.154, 243.720, 243.990, 244.050, 244.210, and 413.241 to conform; repeal and reenact KRS 230.350 and 230.352 to conform; amend KRS 243.157 to allow microbreweries to sell malt beverages produced on the premises for on-premises purposes, to sell malt beverages produced on the premises without having to transfer physical possession to a distributor if the microbrewery has a retail drink license and meets reporting requirements, and to sell malt beverages produced on the premises for off-premises purposes without having to transfer physical possession to a distributor if the microbrewery has a retail package license and meets reporting requirements, require the microbrewery to collect taxes due when selling malt beverages; repeal KRS 242.080, 242.100, 242.130, 242.140, 242.150, 242.160, 242.170, 242.180, 242.185, 243.032, 243.140, 243.210, 243.270, 243.290, 243.300, 243.310, 243.330, 243.350, 243.400, 243.410, 243.420, and 244.330.
HFA (4/Title, D. Keene) - Make title amendment.
(Prefiled by the sponsor(s).)
Sep 5-To: Interim Joint Committee on Licensing and Occupations
Jan 8-introduced in Senate
Jan 10-to Licensing, Occupations, & Administrative Regulations (S)
Feb 7-reported favorably, 1st reading, to Consent Calendar
Feb 8-2nd reading, to Rules
Feb 11-posted for passage in the Regular Orders of the Day for Tuesday, February 12, 2013
Feb 12-3rd reading, passed 29-8
Feb 13-received in House
Feb 14-to Licensing & Occupations (H)
Feb 15-posted in committee
Feb 27-reported favorably, 1st reading, to Calendar
Feb 28-2nd reading, to Rules
Mar 4-posted for passage in the Regular Orders of the Day for Tuesday, March 5, 2013
Mar 7-floor amendments (1) and (2-title) filed
Mar 26-floor amendments (3) and (4-title) filed ; 3rd reading, passed 50-46 with floor amendments (3) and (4-title) ; received in Senate; posted for passage for concurrence in House floor amendments (3) and (4-title) ; Senate concurred in House floor amendments (3) and (4-title) ; passed 27-11; enrolled, signed by each presiding officer; delivered to Governor
Apr 4-signed by Governor (Acts Chapter 121)