243.028 Limitations on shipments of alcoholic beverages and cannabis-infused

459 words·~2 min read·/ky/243-028

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

beverages by direct shipper licensees -- Notice and labeling requirements --

Recipient age verification and signature required -- Penalty for consumer who

attempts illegal receipt -- Shipping mode requirements.

(1)A direct shipper licensee may sell or ship to a consumer all types of alcoholic

beverages or cannabis-infused beverages that the licensee is authorized to sell, with

the following aggregate limits:

(a)Distilled spirits, in quantities not to exceed ten

(10)liters per consumer per

month;

(b)Wine, in quantities not to exceed ten

(10)cases per consumer per month;

(c)Malt beverages, in quantities not to exceed ten

(10)cases per consumer per

month; and

(d)Cannabis-infused beverages, in quantities not to exceed ten

(10)cases per

customer per month.

(2)The direct shipper licensee shall notify the consumer placing the order that the

shipment shall not be left unless the recipient of the shipment provides a valid

identification document at the time verifying that the recipient is at least twenty-one

(21)years of age. All beverage containers shipped to the consumer shall be

conspicuously labeled with the words "CONTAINS ALCOHOL: SIGNATURE OF

PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY" or "CONTAINS

CANNABIS-INFUSED BEVERAGES: SIGNATURE OF PERSON AGE 21 OR

OLDER REQUIRED FOR DELIVERY", as appropriate for each shipment.

(3)At the time of delivery, the recipient of the shipment shall present to the individual

delivering the package a valid identification document. Prior to transferring

possession of the package, the individual delivering the package shall visually

inspect the document and verify the identity of the recipient and, by visual

examination or by using age verification technology, that the recipient is at least

twenty-one

(21)years of age.

(4)Before transferring possession of the package, the individual delivering the package

shall obtain the signature of the recipient of the shipment. The individual who

receives and signs for the beverages is not required to be the consumer who

purchased the beverages.

(5)A consumer who intentionally causes shipment to an address deemed unlawful

shall, for the first offense, be guilty of a violation punishable by a fine of two

hundred fifty dollars ($250), and for each subsequent offense, be guilty of a

violation punishable by a fine of five hundred dollars ($500). In this instance, the

direct shipper licensee and the common carrier shall be held harmless.

(6)A direct shipper licensee may not sell or ship beverages to a consumer from its

licensed premises if the consumer's address is located in an area in which that type

of beverages may not be sold or received.

(7)Shipments made pursuant to this section shall be made through a common carrier.

(8)If a common carrier is unable to complete delivery, then the beverages shall be

returned to the consignor.