243.100 Persons who may not be licensed -- Evasion of license disqualification by
527 words·~2 min read·
/ky/243-100A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
certain persons -- Direct shipper exemption. An individual shall not become a licensee if the individual:
(a)Has been convicted of any felony until five
(5)years have passed from the
date of conviction, release from custody or incarceration, parole, or
termination of probation, whichever is later;
(b)Has been convicted of any misdemeanor involving a controlled substance that
is described in or classified pursuant to KRS Chapter 218A in the two
years immediately preceding the application;
(c)Has been convicted of any misdemeanor directly or indirectly attributable to
the use of alcoholic beverages or cannabis-infused beverages in the two
years immediately preceding the application;
(d)Is under the age of twenty-one
(21)years; or
(e)Has had any license relating to the regulation of the manufacture, sale, and
transportation of alcoholic beverages or the regulation of the sale, distribution,
or transportation of cannabis-infused beverages revoked for cause or has been
convicted of a violation of any statute within KRS Chapters 241 to 244, until
the expiration of two
(2)years from the date of the revocation or conviction.
(2)A partnership, limited partnership, limited liability company, corporation,
governmental agency, or other business entity recognized by law shall not be
licensed if:
(a)Each principal owner, partner, member, officer, and director does not qualify
under subsection (1)(a), (b), (c), (d), and
(e)of this section;
(b)It has had any license relating to the regulation of the manufacture, sale, and
transportation of alcoholic beverages or the regulation of the sale, distribution,
or transportation of cannabis-infused beverages revoked for cause or has been
convicted of a violation of any statute within KRS Chapters 241 to 244, until
the expiration of two
(2)years from the date of the revocation or conviction;
or
(c)Any principal owner, partner, member, officer, or director, or any business
entity in which they were directly or indirectly interested, has had any license
revoked for cause or has been convicted of a violation of any statute within
KRS Chapters 241 to 244, until the expiration of the later of two
(2)years
from the date of the revocation or two
(2)years from the date of conviction.
(3)The provisions of subsection (1)(a) and
(b)shall apply to anyone applying for a new
license under this chapter after July 15, 1998, but shall not apply to those who
renew a license that was originally issued prior to July 15, 1998, or an application
for a supplemental license where the original license was issued prior to July 15,
1998.
(4)A person shall not evade license disqualification by applying for a license through
or under the name of a different person. The state administrators shall examine the
ownership, membership, and management of all license applicants, and shall deny
the application if a disqualified person has a direct or indirect interest in the
applicant's business. The department may issue administrative subpoenas and
summonses to determine ownership of an applicant or to investigate alleged
violations by a licensee.
(5)A direct shipper license applicant shall be exempt from the requirements of this
section, and shall instead follow the requirements set forth in KRS 243.027.