242.260 Transportation and delivery in dry or moist territory prohibited --

370 words·~2 min read·/ky/242-260

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Exception for any moist territory where sale of alcoholic beverages

specifically authorized under limited local option election -- Immunity for

common carriers -- Absolute defense -- Exception for private residence or

event.

(1)It shall be unlawful for any person to bring into, transfer to another, deliver, or

distribute in any dry or moist territory, except as provided in subsection

(2)of

this section, any alcoholic beverage, regardless of its name. Each package of

such beverage so brought, transferred, or delivered in such territory shall

constitute a separate offense. Nothing in this section shall be construed to

prevent any distiller or manufacturer or any authorized agent of a distiller,

manufacturer, or wholesale dealer from transporting or causing to be

transported by a licensed carrier any alcoholic beverage to their distilleries,

breweries, wineries, or warehouses where the sale of such beverage may be

lawful, either in or out of the state.

(2)Subsection

(1)of this section shall also apply to any moist territory unless the

sale of the alcoholic beverage in question has been specifically authorized in

that moist territory under a limited local option election.

(3)No properly licensed common carrier or any of its employees acting on behalf

of a consignor shall be liable for a violation of this section.

(4)Proof that the purchaser represented in writing that the delivery address is

located in wet territory shall be an absolute defense to a violation of this section

on behalf of a retailer, winery, small farm winery, or distillery in connection with

the delivery or shipment of alcoholic beverages purchased at retail.

(5)It shall not be a violation of this section for a person to bring alcoholic

beverages that were lawfully purchased in wet or moist territory into dry or

moist territory to a private residence, or to a private event regardless of

whether the venue is a public place, for personal consumption or consumption

by others so long as the possession, consumption, or provision does not occur

at a public place in violation of KRS Chapter 222. For purposes of this

subsection, an event is public, not private, if any member of the public is

permitted to enter or attend the event upon payment of consideration.