243.020 License required -- Federal license presumptions -- Alcoholic beverages

440 words·~2 min read·/ky/243-020

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

and cannabis-infused beverages not purchased from licensee disallowed on

licensed premises -- Licenses permitted in moist territory -- Possession of

alcohol on or near licensed entertainment destination center premises

permitted.

(1)A person shall not do any act authorized by any kind of license with respect to the

manufacture, storage, sale, purchase, transporting, or other traffic in alcoholic

beverages or the distribution, retail sale, or transportation of cannabis-infused

beverages unless the person holds or is an independent contractor, agent, servant, or

employee of a person who holds the kind of license that authorizes the act, or is a

third party utilized by a direct shipper licensee as set forth in KRS 243.027.

(2)The holding of any permit from the United States government to traffic in alcoholic

beverages without the corresponding requisite state and local licenses shall in all

cases raise a rebuttable presumption that the holder of the United States permit is

unlawfully trafficking in alcoholic beverages.

(3)Except as permitted by KRS 243.033, 243.036, 243.155, 243.157, and 243.260, a

person, conducting a place of business patronized by the public, who is not a

licensee authorized to sell alcoholic beverages, shall not permit any person to sell,

barter, loan, give away, or drink alcoholic beverages on the premises of the place of

business.

(4)A licensee shall not permit any consumer to possess, give away, or drink alcoholic

beverages or cannabis-infused beverages on the licensed premises that are not

purchased from the licensee.

(5)In a moist territory, the only types of licenses that may be issued are those that

directly correspond with the types of sales approved by the voters through moist

elections within the territory, unless otherwise specifically authorized by statute.

(6)Notwithstanding subsections

(3)and

(4)of this section, with the written permission

of a licensed entertainment destination center:

(a)A retail drink licensee located wholly within a licensed entertainment

destination center or that has a storefront sharing a physical boundary with

that licensed entertainment destination center may allow persons on the

licensee's premises to possess and drink alcoholic beverages that were

purchased from another retail drink licensee located wholly within, or that has

a storefront sharing a physical boundary with, the licensed entertainment

destination center; and

(b)A nonlicensed place of business that is located wholly within a licensed

entertainment destination center or that has a storefront sharing a physical

boundary with that licensed entertainment destination center may allow

persons on its property to possess and drink alcoholic beverages that were

purchased from a retail drink licensee located wholly within, or that has a

storefront sharing a physical boundary with, the licensed entertainment

destination center.