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Code · Kentucky · Kentucky Revised Statutes

244.165 Unlawful sale and shipment by out-of-state seller directly to a Kentucky

298 words·~1 min read·/ky/244-165

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consumer -- Penalty.
(1)Except as provided in KRS 243.027 to 243.029, it shall be unlawful for any person
in the business of selling alcoholic beverages in another state or country to deliver
or ship or cause to be delivered or shipped any alcoholic beverage directly to any
Kentucky consumer who does not hold a valid wholesaler or distributor license
issued by the Commonwealth.
(2)A licensed transporter or common carrier making deliveries or shipments pursuant
to this section shall deliver or ship directly to consumers over twenty-one
(21)years
of age in packages clearly marked "Alcoholic Beverages, adult signature (21 years
of age or over) required," and shall request adult-signature-only service from the
carrier. A licensed common carrier shall not knowingly ship unlicensed alcoholic
beverage shipments into the Commonwealth. Deliveries or shipments of alcoholic
beverages shall only be made into areas of the state in which alcoholic 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 shall be liable for a violation of any
provision of KRS 242.250, 242.260, or 242.270 prohibiting the delivery or
shipment of alcoholic beverages into areas of the state in which alcoholic beverages
are not lawfully sold.
(3)Any person who violates subsection
(1)of this section shall, for the first offense, be
mailed a certified letter by the department ordering that person to cease and desist
any deliveries or shipments of alcoholic beverages to Kentucky residents, and the
department shall mail a copy of the certified letter to the licensing authority where
the person is located. Any subsequent violations may result in further legal action.
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