243.036 Special temporary alcoholic beverage auction license -- Permitted activities
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/ky/243-036A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
-- Restrictions.
(1)A special temporary alcoholic beverage auction license may be issued to an
auctioneer licensed under KRS Chapter 330 or to a charitable or nonprofit
organization.
(2)A special temporary alcoholic beverage auction license issued to a charitable or
nonprofit organization shall authorize the holder to:
(a)Purchase, transport, receive, possess, store, sell, and deliver alcoholic
beverages to be sold by auction or raffle or consumed at charity or nonprofit
events;
(b)Purchase, transport, receive, possess, store, sell, and deliver limited specially
labeled bottles of alcoholic beverages to be sold at charity or nonprofit events;
(c)Obtain alcoholic beverages from distillers, rectifiers, wineries, small farm
wineries, brewers, microbreweries, wholesalers, distributors, retailers, or any
other person, by gift or donation, for the purpose of charity or nonprofit
events; and
(d)Receive payment for alcoholic beverages sold at events.
(3)For a charitable or nonprofit auction:
(a)Each alcoholic beverage auction or raffle conducted by a charitable
organization shall be subject to all restrictions and limitations contained in
KRS Chapters 241 to 244 and the administrative regulations issued under
those chapters and shall be authorized only on the days and only during the
hours that the sale of alcoholic beverages is otherwise authorized in the
county or municipality; and
(b)The location at which the alcoholic beverages are auctioned, raffled, or
consumed under this section shall not constitute a public place for the purpose
of KRS Chapter 222. Charitable or nonprofit events may be conducted on
licensed or unlicensed premises. The charitable organization possessing a
special temporary alcoholic beverage auction license shall post a copy of the
license at the location of the event.
(4)An auctioneer holding a special temporary alcoholic beverage auction license may:
(a)Transport, receive, possess, store, advertise, auction, sell, deliver, and ship
alcoholic beverages either sold or intended for sale at auction by the licensee;
(b)Sell only alcoholic beverages at auction that:
1. Were previously lawfully sold at retail; and
2. Are in their original manufacturer's unopened container;
(c)Deliver and ship any alcoholic beverages sold at an auction directly to the
consumer who purchased the alcoholic beverages. Any shipment to a
consumer outside of this state is subject to all applicable laws of the
jurisdiction in which that consumer is located. When shipping alcoholic
beverages directly to a consumer in this state, the auctioneer holder of the
license shall:
1. Ensure that the shipping label on each container containing the alcoholic
beverages conspicuously states the following: "CONTAINS
ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER
REQUIRED FOR DELIVERY";
2. Obtain the signature of a person who is at least twenty-one
(21)years of
age at the delivery address prior to delivery, after requiring that person
to demonstrate that he or she is at least twenty-one
(21)years of age by
providing a valid identification document; and
3. Not ship the alcoholic beverages to any address in this state located in
dry territory; and
(d)Conduct the auction on premises licensed by the department, unlicensed
premises, or online.
(5)A special temporary alcoholic beverage auction conducted by an auctioneer shall
be:
(a)Subject to all restrictions and limitations contained in KRS Chapters 241 to
244 and the administrative regulations issued under those chapters;
(b)Separate from any other type of alcoholic beverage auction authorized under
KRS Chapters 241 to 244, but may be combined with other types of auctions
authorized under KRS Chapter 330;
(c)Authorized for in-person live auctions and online auction closings only on the
days and only during the hours that the sale of alcoholic beverages is
otherwise authorized in the county or municipality where the live auction is
held or, for an online auction, the physical location of the alcoholic beverages
being sold; and
(d)Subject to the auction and auctioneer requirements of KRS Chapter 330.
(6)An auctioneer conducting a special temporary alcoholic beverage auction shall:
(a)Post a copy of its special temporary alcoholic beverage auction license and
auctioneer license at the location of the event for in-person auctions and on
the auction website for online auctions; and
(b)Not hold any other type of alcoholic beverage license.
(7)Alcoholic beverages shall only be sold by an auctioneer under a special temporary
alcoholic beverage auction license if the alcoholic beverages were not purchased or
attained for the purpose of resale at auction and in the following circumstances:
(a)As an "Estate Auction," or included in such auction where the alcoholic
beverages being offered at auction are the property belonging to the estate of
one
(1)or more deceased persons and are being offered by:
1. The direction and authority of the authorized executor or administrator;
2. Court order; or
3. The direction or on behalf of a surviving spouse or direct heirs;
(b)As a "Living Estate Auction" or "Downsizing Auction" or included in such
auction where the alcoholic beverages being offered at auction are the
property belonging to a person or persons of a household that is in transition
due to one
(1)of the following life-changing situations:
1. One
(1)or more members of the household moving into a retirement
home, nursing home, assisted living home, or a smaller residence; or
2. Combining one
(1)household with another; or
(c)As a partial or complete disbursement of an alcoholic beverage collection
consisting of more than one
(1)package that has been collected by the same
individual or household. An individual or household shall not sell collections
at auction more than once every three
(3)years.
(a)A person shall not purchase alcoholic beverages from an auctioneer at a
special temporary alcoholic beverage auction unless that person may lawfully
receive or possess the alcoholic beverages.
(b)Nothing in this section shall prevent a vintage distilled spirits licensee from
purchasing alcoholic beverages at auction if the alcoholic beverages qualify as
vintage distilled spirits.
(9)All advertising for an auctioneer special temporary alcoholic beverage auction
shall:
(a)Show the name and license number for the special temporary alcoholic
beverage auction license and the auctioneer license; and
(b)Conform to all advertising requirements and restrictions for auctions
contained in KRS Chapter 330 and any administrative regulations
promulgated under that chapter.
(10)If a person ceases to be licensed as an auctioneer under KRS Chapter 330, the
person's special temporary alcoholic beverage auction license shall be automatically
suspended until the person reestablishes licensure as an auctioneer.
(11)An auctioneer holding a special temporary alcoholic beverage auction license shall
file a quarterly report with the department, which shall be established and
maintained by the department, utilizing a form prescribed by the department that
includes the following information:
(a)The number of alcoholic beverage packages auctioned in the preceding three
(3)months in total, with each purchase matched to the individuals who both
sold and purchased the alcoholic beverages;
(b)The date of each purchase;
(c)The name, address, and phone number of each individual who sold and
purchased the alcoholic beverages;
(d)A detailed description of the alcoholic beverages purchased, including the
brand name, number of packages, and the size of the packages; and
(e)Whether each alcoholic beverage package was purchased in-person, delivered
in-person, or shipped.
(12)A special temporary alcoholic beverage auction license shall not be issued for any
period longer than thirty
(30)days.
(13)Notwithstanding any other provision of KRS Chapters 241 to 244, a distiller,
rectifier, winery, small farm winery, brewer, microbrewery, wholesaler, distributor,
or retailer may donate, give away, or deliver any of its products to a charitable or
nonprofit organization possessing a special temporary alcoholic beverage auction
license under this section.
(14)All restrictions and prohibitions applying to an alcoholic beverage retail package
and alcoholic beverage by the drink license, not inconsistent with this section, shall
apply to a special temporary alcoholic beverage auction license.