243.200 Transporter's license, authority for issuance to certain motor carriers or to
670 words·~3 min read·
/ky/243-200A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
common carrier -- Holder's privileges, duties, and restrictions -- Delivery or
shipment of alcoholic beverages or cannabis-infused beverages with adult-
signature-only service -- Authority to examine vehicle and cargo -- When
transporter's license not required -- Required maintenance of books and
records.
(1)A transporter's license may be issued as a primary license to a motor carrier
authorized to transact business in the Commonwealth by the Transportation Cabinet
or the Federal Motor Carrier Safety Administration or to another person engaged in
business as a common carrier. A person holding a transporter's license may
transport alcoholic beverages or cannabis-infused beverages to or from the licensed
premises of any licensee under this chapter to an individual consumer if both the
consignor and consignee in each case are authorized by the law of the states of their
residence to sell, purchase, deliver, ship, or receive the alcoholic beverages or
cannabis-infused beverages.
(a)A transporter may deliver or ship to consumers over twenty-one
(21)years of
age in packages clearly marked either, as appropriate:
1. "Alcoholic Beverages, adult signature (21 years of age or over)
required"; or
2. "Cannabis-infused Beverages, adult signature (21 years of age or over)
required";
and shall request adult-signature-only service from the carrier.
(b)Deliveries or shipments of alcoholic beverages or cannabis-infused beverages
shall only be made into areas of the state in which alcoholic beverages or
cannabis-infused beverages may be lawfully sold. When the shipper requests
adult-signature-only service, it shall be a violation for a common carrier not to
inspect government-issued identification for proof of age. No properly
licensed common carrier or any of its employees acting on behalf of a
consignor in the course and scope of a delivery or shipment of alcoholic
beverages or cannabis-infused beverages to a consumer shall be liable for a
violation of this subsection or any provision of KRS 242.250, 242.260, or
242.270 prohibiting the delivery or shipment of alcoholic beverages or
cannabis-infused beverages into areas of the state in which alcoholic
beverages or cannabis-infused beverages are not lawfully sold.
(3)Except for a common carrier that has been assigned a USDOT number issued by the
Federal Motor Carrier Safety Administration, the holder of a transporter's license
shall cause each truck or vehicle to display the name of the licensee and the state
license numbers in a manner prescribed by an administrative regulation
promulgated by the board.
(4)Except for an application by a common carrier that has been assigned a USDOT
number issued by the Federal Motor Carrier Safety Administration, an application
for a transporter's license shall include a statement that the applicant, if issued a
license, shall allow any authorized investigators of the department to stop and
examine the cargo of any truck or vehicle in which alcoholic beverages or cannabis-
infused beverages are being transported within the boundaries of the
Commonwealth of Kentucky.
(5)A licensee may move, within the same county, alcoholic beverages or cannabis-
infused beverages from one
(1)of the licensee's licensed premises to another
without a transporter's license. A licensee may move alcoholic beverages or
cannabis-infused beverages from one
(1)of the licensee's licensed premises located
in one
(1)county to a licensed premises located in another county, without a
transporter's license, with prior written approval of the administrator for good cause
shown. The licensee shall keep and maintain, in one
(1)of its licensed premises,
adequate books and records of the transactions involved in transporting alcoholic
beverages or cannabis-infused beverages from one
(1)licensed premises to another
in accordance with standards established in administrative regulations promulgated
by the board. The records shall be available to the department and the Department
of Revenue upon request.
(6)Distilled spirits and wine may be transported by any licensed retailer selling
distilled spirits or wine, by the package or by the drink, from the premises of a
licensed wholesaler to the licensed premises of the retail licensee. Both the
wholesaler and the retailer engaging in activity under this subsection shall be
responsible for maintaining records documenting the transactions.