243.0305 Licensed distillers with retail outlets on premises -- Payment of taxes –
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/ky/243-0305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Sale of souvenir packages and private selection packages -- Sampling and sale
of alcoholic beverages on premises of distillery -- Sale of alcoholic beverages by
the drink at certain events -- Sale of products in collaboration with a brewer --
Sale and self-distribution of distilled spirits by certain distillers -- Off-premises
retail sales outlet.
(1)Any licensed Kentucky distiller that is located in wet territory or in any precinct
that has authorized the limited sale of alcoholic beverages at distilleries under KRS
242.1243 and that has a gift shop or other retail outlet on its premises may conduct
the activities permitted under this section as a part of its distiller's license.
(a)For purposes of all retail drink and package sales that occur pursuant to
subsection (3), (4), (7), (9), (10), (12), or
(13)of this section, the distillery
shall:
1. Be permitted to transfer its products from the distillery proper to the
location where those retail sales occur without having to transfer
physical possession of those distilled spirits to a licensed wholesaler;
and
2. Without otherwise reporting those distilled spirits to a licensed
wholesaler, report those retail sales and pay all taxes required to the
Department of Revenue at the time and in the manner required by the
Department of Revenue in accordance with its powers under KRS
131.130(3).
(b)1. A distiller selling distilled spirits in accordance with this subsection
shall pay all wholesale sales taxes due under KRS 243.884. For the
purposes of this subsection, "wholesale sales" means a sale of distilled
spirits made by a distiller under subsection (3)(b), (4), (7), (9), (10),
(12), and
(13)of this section, if required by KRS 243.884, excluding
sales made by a distiller under subsection (4)(a)3. and
(b)of this section
that utilize a licensed wholesaler.
2. A distiller shall pay the excise tax on distilled spirits in accordance with
KRS 243.720 and 243.730.
(c)All other distilled spirits that are produced by the distillery shall be sold and
physically transferred in compliance with all other relevant provisions of KRS
Chapters 241 to 244.
(3)A distiller may sell its own private selection packages and souvenir packages at
retail:
(a)To consumers in accordance with KRS 243.027 to 243.029 if it holds a direct
shipper license; and
(b)To distillery visitors of legal drinking age, in quantities not to exceed an
aggregate of nine
(9)liters per purchaser per day.
(4)A distiller may conduct private selection events and sell private selection packages
at retail, as follows:
(a)Distillers may sell private selection packages to consumers who participated
in a private selection event only by:
1. Shipping the private selection packages in accordance with KRS
243.027 to 243.029 if the distiller holds a direct shipper license, but
these sales and shipments shall be exempt from the quantity limitations
established in KRS 243.028(1);
2. Selling the private selection packages to the participating consumers
directly from the distillery premises, but these sales shall be exempt
from the quantity limitations established in subsection (3)(b) of this
section; or
3. Selling the private selection packages through a wholesaler and to a
licensed retailer of the consumer's choice. The distillery and
wholesaler's cooperation in facilitating the sale of the private selection
packages to the retailer of the consumer's choice shall not be deemed a
violation of KRS 244.240.
(b)Except as provided in KRS 243.036, distillers may sell private selection
packages to retail licensees that participated in a private selection event only
through a licensed wholesaler.
(c)A distillery shall make available for purchase not less than seventy percent
(70%) of its annual private selection packages to licensed wholesalers and
shall maintain records of such transactions in accordance with KRS 244.150.
(d)Distillers may sell private selection packages to wine and distilled spirits
wholesalers, malt beverage distributors, and microbreweries that hold a quota
retail drink or quota retail package license that participated in a private
selection event if the private selection packages resulting from the event are
sold only through a licensed retailer.
(5)Hours of sale for souvenir packages sold at retail and private selection packages
sold at retail shall be in conformity with KRS 244.290(3).
(6)Except as provided in this section, souvenir package and private selection package
sales to distillery visitors shall be governed by all the statutes and administrative
regulations governing the retail sale of distilled spirits by the package.
(7)Souvenir packages sold to distillery visitors under subsection (3)(b) of this section,
which are not made available to wholesalers licensed in Kentucky or elsewhere,
shall be registered by the licensed distiller with the department and shall be sold
exclusively to in-person distillery visitors in quantities not to exceed three
(3)liters
per person per day.
(8)Notwithstanding any provision of KRS 244.050 to the contrary, a distillery holding
a sampling license may allow visitors to sample distilled spirits under the following
conditions:
(a)Sampling shall be permitted only on the licensed premises during regular
business hours;
(b)A distillery shall not charge for the samples; and
(c)A distillery shall not provide more than one and three-fourths (1-3/4) ounces
of samples per visitor per day, except in connection with a private selection
event.
(9)Notwithstanding the provisions of KRS 243.110, in accordance with this section, a
distillery located in wet territory or in any territory that has authorized the limited
sale of alcoholic beverages under an election held pursuant to KRS 242.1243 may:
(a)Hold an NQ2 retail drink license for the sale of alcoholic beverages on the
distillery premises; and
(b)Employ persons to engage in the sale or service of alcohol under an NQ2
license, if each employee completes the department's Server Training in
Alcohol Regulations program within thirty
(30)days of beginning
employment.
(10)A distiller may sell to consumers at fairs, festivals, and other similar types of events
located in wet territory. A distiller may:
(a)Sell alcoholic beverages by the drink, containing spirits distilled or bottled on
the premises of the distillery;
(b)Sell by the package in quantities not to exceed nine
(9)liters per person, per
day; and
(c)Serve complimentary samples not to exceed one and three-fourths (1-3/4)
ounces per person, per day.
(11)A distiller may offer for sale in its gift shop products that were produced in
collaboration with a brewer or microbrewer, except that:
(a)These packages shall not be exclusive to the distiller's gift shop; and
(b)The distiller shall purchase the jointly branded souvenir package only from a
licensed malt beverage distributor or a microbrewery pursuant to KRS
243.157(1)(f). A microbrewery selling and delivering the jointly branded
souvenir package directly to a distiller under this subsection shall provide
notice to the distributor of any self-distribution delivery by electronic or other
means.
(a)A distiller that holds a Class B distiller's license but does not hold a Class A
distiller's license under KRS 243.030 may sell and deliver to any licensed
retailer up to five thousand (5,000) gallons of distilled spirits annually, sold
under a brand name owned or exclusively licensed to the distillery, provided
the distilled spirits were:
1. Produced by the distillery;
2. Produced for the distillery under a written contract with another licensed
manufacturer; or
3. Bottled for or by the distillery.
(b)Any products sold and delivered under this subsection that are not otherwise
registered by a licensed wholesaler shall be registered by the distillery with
the department.
(c)Any products sold and delivered under this subsection shall be delivered by
the distillery in vehicles owned and operated by the distillery, displaying the
distillery's name and license number.
(d)The distillery is responsible for payment of all applicable taxes and reporting
of self-distributed distilled spirits.
(e)The distillery may extend credit on distilled spirits sold to retail licensees for a
period not to exceed thirty
(30)days from the date of invoice, with the date of
invoice included in the total number of days.
(f)A distillery shall report self-distribution sales under this subsection as follows:
1. For a sale of in excess of nine
(9)liters to any given retailer on any
given day, the distillery shall provide at least twenty-four
(24)hours
advance written or electronic notice to wholesalers that have an existing
business relationship with the distillery and that distribute the products
the distillery is self-distributing. If advance notice is not practicable, the
distillery shall notify the wholesaler within one
(1)business day of
delivery;
2. A distillery shall submit a quarterly report of its self-distribution sales
under this subsection to wholesalers that have an existing business
relationship with the distillery and that distribute the products the
distillery is self-distributing. The quarterly report shall describe the type,
quantity, and price of the product that was self-distributed, the retail
delivery location, and the date of delivery of the self-distribution sales in
the most recently completed quarter preceding the due date of the report;
and
3. Each distillery engaging in self-distribution sales under this subsection
shall report to the department the total number of gallons self-distributed
annually at the time of the renewal of its Class B distiller's license.
(13)A distiller that sells souvenir packages and serves complimentary samples in
accordance with this section at any of its licensed premises may, for each such
premises, maintain one
(1)separately licensed off-premises retail sales outlet and
engage in the activities and hold the licenses authorized in subsections (3), (4), (8),
(9), (11), and
(12)of this section if the off-premises retail sales outlet premises are
located in wet territory or in a precinct that has authorized alcoholic beverage sales
by the distillery under KRS 242.1243. The distiller shall pay the fee required under
KRS 243.030 for each off-premises retail sales outlet it maintains.
(14)Except as expressly stated in this section, this section does not exempt the holder of
a distiller's license from:
(a)The provisions of KRS Chapters 241 to 244;
(b)The administrative regulations of the board; and
(c)Regulation by the board at all the distiller's licensed premises.
(15)Nothing in this section shall be construed to vitiate the policy of this
Commonwealth supporting an orderly three
(3)tier system for the production and
sale of alcoholic beverages.