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HB 183/LM (BR 889) - A. Koenig

     AN ACT relating to alcoholic beverage control.
     Amend KRS 241.010 to modify the definition of caterer and define local, urban-county, and state administrators, investigators, population, and primary source of supply; delete definition of field representative; set a minimum production threshold of 250 gallons per year for small farm wineries; amend KRS 241.015 and 241.030 to remove commissioner and administrator terms; amend KRS 241.020 to allow the board to issue advisory opinions and declaratory rulings on KRS Chapters 241 to 244 and related administrative regulations; amend KRS 241.060, 241.090, 243.025, 243.034, 243.035, 243.037, 243.042, 243.050, 243.060, 243.110, 243.160, 243.220, 243.360, 243.380, 243.390, 243.430, 243.440, 243.500, 243.530, 243.550, 243.620, 243.630, 243.640, 243.650, 243.660, 243.670, 244.060, 244.130, 244.150, 244.180, 244.190, 244.195, 244.200, 244.280, and 244.990 to update, expand, or modernize terms and phrasing; amend KRS 241.080 and 243.030 to allow both the distilled spirits and malt beverage administrators to approve and issue or deny licenses authorizing the traffic in all types of alcoholic beverages; repeal and reenact KRS 241.100 to require department officers and employees to comply with the Executive Branch Code of Ethics; amend KRS 241.110, 241.140, 241.150, 241.160, 241.170, 241.190, 241.200, 241.230, 241.250, and 241.260 to modify language regarding activities of and appeals from local alcoholic beverage administrators; amend KRS 242.030 to permit a local option election up to 150 days after the petition is filed; allow a local option election on the same day as a primary or general election day; amend KRS 242.123, 242.124, 242.1241, and 242.1244 to update local option elections for golf courses, small farm wineries, small farm winery Sunday sales, and restaurant sales, respectively; amend KRS 242.125 to enable a city or county to have dual moist and wet status; create a new section of KRS Chapter 243 to establish the details of a sampling license; amend KRS 243.020 to forbid a licensee from allowing a consumer to possess, give away, or drink alcoholic beverages on the licensed premises unless the alcoholic beverages were purchased from the licensee; amend KRS 243.030 to permit only the distilled spirits administrator to issue licenses that authorize traffic in distilled spirits and wine; modify fees for small farm wineries, small farm winery off-premises retail sites, special temporary licenses, and special temporary auction licenses; amend KRS 243.0305 to change a distiller's retail drink license to an NQ2 license; amend KRS 243.033 to merge rules on distilled spirits and wine with those on malt beverages; amend KRS 243.036 to allow nonprofits to receive a special temporary alcoholic beverage auction license; amend KRS 243.040 to remove the "brew-on-premises" license; amend KRS 243.045 to grant a transitional license the same privileges and restrictions as a permanent license; repeal and reenact KRS 243.070 to restructure the licensing fee list; amend KRS 243.082 to streamline NQ1 licensing language; amend KRS 243.084 to delete the 50-seat minimum for dining facilities receiving an NQ2 license; authorize an NQ2 license for a distiller or a business related to an entertainment destination center; amend KRS 243.086 to remove distillers from the list of entities that may receive an NQ3 license; amend KRS 243.090 and 243.450 to authorize denial of a license or license renewal if the licensee is a delinquent taxpayer; amend KRS 243.100 to forbid evasion of license disqualification by applying for a license through or under the name of a different person; amend KRS 243.130, 243.150, 243.155, and 243.157 to allow designated manufacturer employees to sample their employers' products for purposes of education, quality control, and product development; permit brewery malt beverage drink sales anywhere on the licensed premises, including sales to fill growlers; authorize a brewer to buy malt beverages from another brewer; allow sales at small farm wineries and their off-premises retail sites in territory that has allowed the sales through a precinct local option election; permit a small farm winery to manufacture, sample, and sell brandy; prohibit microbreweries in moist territory; repeal and reenact KRS 243.200 to set the conditions and privileges of a transporter's license; amend KRS 243.212 to delete the micro out-of-state distilled spirits and wine supplier's license; amend KRS 243.215 to limit a malt beverage supplier's license to import only from the primary source of supply; amend KRS 243.230, 243.240, 243.250, and 243.355 to change the privileges and restrictions for quota retail drink licenses and quota retail package licenses; amend KRS 243.470 to treat the board's administrative hearing on a license denial as a de novo review of the application; allow a refund of an applicant's license fee upon rejection; repeal and reenact KRS 243.490 to update license revocation and suspension language; amend KRS 243.520 to empower the department to summarily suspend a license if continued operation is a threat to the public health, safety, or welfare; amend KRS 243.540 to establish the procedures for a secured creditor or landlord to dispose of alcoholic beverages; amend KRS 243.560 to modify appellate procedures; amend KRS 243.895 to change size requirements for retailer alcohol warning signs; amend KRS 244.050 to delete sampling license language; amend KRS 244.080 to forbid alcoholic beverage sales to a person intoxicated on alcohol or drugs; amend KRS 244.085 to allow the board to determine the business types where minors may be present; amend KRS 244.090 to permit a nonquota retail malt beverage package licensee to employ persons 18 and over if supervised by someone 20 or older; amend KRS 244.110 to limit clear view entrance requirement to holders of a quota retail package license or quota retail drink license; amend KRS 244.167 to remove the definition of "primary source of supply"; amend KRS 244.240 and 244.590 to prohibit a retailer from requiring or demanding that certain manufacturers, wholesalers, or distributors violate statutory restrictions; amend KRS 244.260 to add container size restrictions for retail distilled spirits and wine package and drink licenses; amend KRS 244.290 to clarify how a locality may regulate the hours of sale and delivery of alcoholic beverages, including on Sundays, through local ordinances; amend KRS 244.440 and 244.585 to permit distribution, sale, or purchase rights to product names; amend KRS 244.461 and 244.500 to enable the use of retailer loyalty cards for alcoholic beverage discounts; amend KRS 244.480 to allow a licensee to sell or deliver malt beverages during the times permitted by local ordinance; amend KRS 15.380, 15.398, 83A.022, 186.560, 230.368, 242.022, 242.1242, 242.1292, 243.0341, 243.075, 243.170, 243.260, 243.590, and 244.230 to conform; repeal KRS 119.215, 241.075, 241.130, 241.180, 241.240, 242.127, 242.129, 242.400, 243.031, 243.072, 243.370, 243.460, 243.505, 243.510, 244.070, 244.087, 244.295, 244.310, 244.340, 244.350, and 244.360.


AMENDMENTS

     HFA1( A. Koenig ) - Amend KRS 241.140 and 243.230 to remove references to police forces maintained under KRS Chapter 70; amend KRS 243.030 to return the licensing fees for small farm wineries and small farm winery off-premises retail sites to their original amounts; amend KRS 243.0341 to allow a city with a population of 20,000 or more to adopt an ordinance for 50-seat restaurants if that city already has 100-seat restaurants through a local option election; amend KRS 243.060 and 243.070 to permit a local government to issue a license and collect fees for a qualified historic site; prohibit a county from issuing licenses or charging local alcohol license fees if a city has already issued a license; increase the special temporary alcoholic beverage auction license fee from $25 to $100; amend KRS 243.075 to clarify that a qualified city or moist city or a county containing a qualified or moist city may impose a regulatory license fee on the sale of alcoholic beverages; amend KRS 243.110 to allow a person to hold both a distiller's license and a small farm winery license; amend KRS 243.155 to remove references to the production of brandy by a small farm winery; authorize a small farm winery to serve each patron up to 1.75 ounces of complimentary samples of distilled spirits it produced; amend KRS 244.260 to allow a licensee holding a retail distilled spirits and wine drink license to keep distilled spirits in original packages as small as 50 milliliters.
     HFA2( A. Koenig ) - Amend KRS 241.140 and 243.230 to remove references to police forces maintained under KRS Chapter 70; amend KRS 243.030 to return the licensing fees for small farm wineries and small farm winery off-premises retail sites to their original amounts; amend KRS 243.0341 to allow a city with a population of 20,000 or more to adopt an ordinance for 50-seat restaurants if that city already has 100-seat restaurants through a local option election; amend KRS 243.060 and 243.070 to permit a local government to issue a license and collect fees for a qualified historic site; prohibit a county from issuing licenses or charging local alcohol license fees if a city has already issued a license; increase the special temporary alcoholic beverage auction license fee from $25 to $100; amend KRS 243.075 to clarify that a qualified city or moist city or a county containing a qualified or moist city may impose a regulatory license fee on the sale of alcoholic beverages; amend KRS 243.110 to allow a person to hold both a distiller's license and a small farm winery license; amend KRS 243.155 to remove references to the production of brandy by a small farm winery; amend KRS 244.260 to allow a licensee holding a retail distilled spirits and wine drink license to keep distilled spirits in original packages as small as 50 milliliters.
     HFA3( J. Kay ) - Create a new section of KRS Chapter 243 to allow a sampling license to be issued to a culinary program conducted by an accredited college or university; define "culinary sampling license"; prohibit the retail sale of alcoholic beverages in connection with a culinary sampling license; require the college or university to include the culinary program as part of an established curriculum emphasizing areas such as business and finance, hospitality, tourism and event management, or the aspects of selected alcoholic beverages; direct the curriculum to clearly state which classes include the sampling of alcoholic beverages; set handling, storage, and reporting requirements for alcoholic beverages; require STAR training for culinary program instructors who serve or dispense alcoholic beverages for sampling; limit sampling to students or other persons who are 21 or older on the first day of a sampling class; set daily per-person sampling limits for distilled spirits, wine, and malt beverages; require a sampling licensee to purchase all of its alcoholic beverages from a quota retail package licensee; forbid the use of a different alcoholic beverage license as a prerequisite to receive a culinary sampling license; amend KRS 244.050 to exclude culinary sampling licenses from the restrictions on retail licensee sampling licenses; exempt culinary sampling licenses from the requirements of the new general sampling license.
     SCS1/LM - Amend KRS 244.590 to remove refrigerated coolers from the list of permissible items brewers and distributors are authorized to provide to retailers.
     SFA1( J. Higdon ) - Amend KRS 243.200 to prohibit a licensee from moving alcoholic beverages from its licensed premises in one county to another of its licensed premises in a different county without a transporter's license.
     SFA2( J. Higdon ) - Require that any amendments to KRS 244.590 take effect on January 1, 2018.

     Feb 07, 2017 - introduced in House
     Feb 09, 2017 - to Licensing, Occupations, & Admin Regs (H)
     Feb 10, 2017 - posted in committee
     Feb 15, 2017 - reported favorably, 1st reading, to Calendar
     Feb 16, 2017 - 2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Wednesday, February 22, 2017; floor amendment (1) filed
     Feb 21, 2017 - floor amendment (2) filed
     Feb 24, 2017 - floor amendment (3) filed
     Mar 01, 2017 - 3rd reading, passed 57-25 with floor amendment (2)
     Mar 02, 2017 - received in Senate; to Licensing, Occupations, & Administrative Regulations (S)
     Mar 06, 2017 - taken from Licensing, Occupations, & Administrative Regulations (S); 1st reading; returned to Licensing, Occupations, & Administrative Regulations (S)
     Mar 07, 2017 - reported favorably, 2nd reading, to Rules with Committee Substitute; floor amendments (1) and (2) filed to Committee Substitute
     Mar 08, 2017 - posted for passage in the Regular Orders of the Day for Wednesday, March 8, 2017; 3rd reading; floor amendment (1) withdrawn; passed 30-6 with Committee Substitute and floor amendment (2)
     Mar 14, 2017 - received in House; to Rules (H); posted for passage for concurrence in Senate Committee Substitute and floor amendment (2); House concurred in Senate Committee Substitute and floor amendment (2); passed 60-26; enrolled, signed by Speaker of the House; enrolled, signed by President of the Senate; delivered to Governor
     Mar 21, 2017 - signed by Governor (Acts, ch. 62)