243.0307 Sampling license -- Sampling and sale of alcoholic beverages on premises
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/ky/243-0307A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
of licensed retailer.
(1)A sampling license may be issued to the holder of:
(a)A quota retail drink license;
(b)A quota retail package license;
(c)A nonquota retail malt beverage package license;
(d)An NQ1 license;
(e)An NQ2 license;
(f)An NQ4 retail malt beverage drink license; or
(g)A distiller's license.
(2)A sampling license shall authorize the licensee to allow customers to sample, free of
charge, distilled spirits, wine, and malt beverages under the following conditions:
(a)Sampling shall be permitted only on licensed premises and by licensees
holding a sampling license, during regular business hours;
(b)A distillery shall provide samples as authorized by KRS 243.0305;
(c)All other licensees shall limit a customer to:
1. One
(1)ounce of distilled spirits samples per day;
2. Six
(6)ounces of wine samples per day; or
3. Twelve
(12)ounces of malt beverage samples per day; and
(d)A brewer, microbrewery, or out-of-state malt beverage supplier may conduct a
sampling of malt beverages as permitted by this section at the licensed
premises of a retailer licensee holding a sampling license.
(3)Retailers holding a sampling license shall:
(a)Notify the Department of Alcoholic Beverage Control at least seven
(7)days
in advance of conducting a free sampling event; and
(b)Limit a sampling event to a period not to exceed four
(4)consecutive hours
between 12 noon and 8 p.m.
(4)In addition to free sampling, a quota retail package licensee holding a sampling
license may also sell sample distilled spirits and wine under the following
conditions:
(a)Paid samples may be sold only on licensed premises and by licensees holding
a sampling license, during regular business hours; and
(b)A licensee shall limit a customer to purchased samples totaling no more than:
1. Two
(2)ounces of distilled spirits per day; and
2. Nine
(9)ounces of wine per day.
(5)A quota retail package licensee holding both a sampling license and a nonquota
retail malt beverage package license may also sell samples of malt beverages under
the following conditions:
(a)Paid samples may be sold only on licensed premises and by licensees holding
a sampling license, during regular business hours;
(b)A licensee shall limit a customer to no more than sixteen
(16)ounces of malt
beverages per day; and
(c)The retail price of a sample shall not be less than a licensee's purchase cost of
the sample.
(6)No customer shall be allowed to receive a combination of free and purchased
samples totaling more than:
(a)Two
(2)ounces of distilled spirits per day; and
(b)Nine
(9)ounces of wine per day.
(7)Free and paid samples provided under this section shall not constitute drink sales.