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HB 300/LM (BR 154) - D. Keene

     AN ACT relating to alcoholic beverage control.
     Amend KRS 241.010 to define various 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 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, distilled spirits and wine storage, 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; 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; 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.


     HCS/LM - Retain original provisions, except amend KRS 242.020 to add petition language; allow a malt beverage storage license to be acquired as a supplementary license by authorized licensees; 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; set an annual fee of $10 for the micro license; amend KRS 243.060 and 243.070 to restructure aspects of city and county alcoholic beverage license fees; make several license fees separate for consolidated local governments compared to all other counties; 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; make technical corrections.
     HFA (1, D. Owens) - Retain original provisions, except delete changes to KRS 241.065; modify internal numbering accordingly; repeal KRS 241.065.

     Feb 8-introduced in House
     Feb 11-to Licensing & Occupations (H)
     Feb 12-posting waived
     Feb 20-reported favorably, 1st reading, to Consent Calendar with Committee Substitute ; floor amendment (1) filed to Committee Substitute
     Feb 21-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Monday, February 25, 2013; taken from the Consent Orders of the Day, placed in the Regular Orders of the Day for Friday, February 22, 2013
     Feb 22-floor amendment (1) withdrawn
     Feb 26-3rd reading, passed 67-28 with Committee Substitute
     Feb 27-received in Senate
     Mar 4-to Appropriations & Revenue (S)
     Mar 5-taken from Appropriations & Revenue (S); 1st reading; returned to Appropriations & Revenue (S)
     Mar 6-taken from Appropriations & Revenue (S); returned to Appropriations & Revenue (S); 2nd reading

Vote History
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