243.081 Retail sale of alcoholic beverages on a delivery, to-go, or take-out

364 words·~2 min read·/ky/243-081

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

basis -- Prohibitions -- Requirements -- Exemptions regarding delivery

vehicle signage -- Application of other laws.

(1)If authorized under its licensing statute, a license holder with the privilege of

selling alcoholic beverages by the drink at retail shall be permitted to sell

alcoholic beverages by the drink in a sealed container, and by the package in

sealed original containers, on a delivery, to-go, or take-out basis, as follows:

(a)The sale of alcoholic beverages pursuant to this section shall be in

conjunction with the purchase of a prepared meal and only in quantities

that a reasonable person would purchase with a meal;

(b)Deliveries, if applicable, shall be made in a vehicle operated and owned

by the licensee, the licensee's employee, or an independent contractor or

agent; and

(c)Any person delivering alcoholic beverages shall be at least twenty-one

(21)years of age.

(2)All licensees and their employees and independent contractors are prohibited

from:

(a)Selling alcohol in bulk quantities;

(b)Completing sales in dry territories; or

(c)Delivering:

1. Into dry territory;

2. To a minor under twenty-one

(21)years of age; or

3. To an intoxicated person.

(a)For purposes of this section, alcoholic drinks to go shall be:

1. Placed in a bag or other container that is secured in a manner that

makes it visibly apparent if the container has been subsequently

opened or tampered with; and

2. Transported in a locked glove compartment or the trunk or other

area that is not a passenger area under KRS 189.530(5).

(b)The department may, but is not required to, promulgate an administrative

regulation that sets forth the:

1. Conditions under which sales may take place;

2. Days and times that sales may take place; and

3. The requirements for transportation of alcoholic drinks to go under

this section.

(4)For purposes of this section, vehicles used for deliveries shall be exempt from

displaying the name and license number of the retail licensee selling the

alcoholic beverages being delivered.

(5)Except as provided in this section, sales of alcoholic beverages shall be

subject to all of the statutes and administrative regulations relating to the retail

sale of alcoholic beverages.