RELATES TO:
KRS
241.010(66),
243.232
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
241.060(1) authorizes the
board to promulgate administrative regulations governing procedures relative to
the matters over which the board has jurisdiction.
KRS
243.232(1) authorizes
retailers licensed to sell distilled spirits by the drink or package to
purchase vintage distilled spirits from unlicensed persons for resale to
consumers in accordance with administrative regulations promulgated by the
board. This administrative regulation establishes requirements governing the
purchase and sale of vintage distilled spirits.
Section 1. Definition. "Vintage distilled
spirits seller":
(1) Means a non-licensed
person at least twenty-one (21) years of age who is:
(a) An administrator, executor, receiver, or
other fiduciary who receives and sells vintage distilled spirits in execution
of fiduciary capacity;
(b) A
creditor who receives or takes possession of vintage distilled spirits as
security for, or in payment of, debt, in whole or in part;
(c) A public officer or court official who
levies on vintage distilled spirits under order or process of any court or
magistrate to sell same in satisfaction of the order or process; or
(d) Any other person not engaged in the
business of selling alcoholic beverages who receives and sells vintage
distilled spirits packages on an occasional basis in an amount of twenty-four
(24) vintage distilled spirits packages or less in the preceding twelve (12)
months; and
(2) Does not
mean:
(a) A person selling alcoholic beverages
as part of an approved
KRS
243.630 transfer; or
(b) A person selling alcoholic beverages as
authorized by
KRS
243.540.
Section 2. Retailer Purchases of Vintage
Distilled Spirits.
(1) A licensed retailer
authorized to purchase vintage distilled spirits for resale shall purchase all
vintage distilled spirits in person at its licensed premises.
(2) At the time of purchase, the licensee
shall immediately place a conspicuous sticker, not readily removable, on the
bottle or container of any purchased vintage distilled spirits package stating
"Vintage Distilled Spirit".
Section
3. Notice. Prior to selling vintage distilled spirits purchased
from a vintage distilled spirits seller to a consumer, a licensee shall provide
written notice of its purchase of the spirits by mail to the Department of
Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, Kentucky 40601, or
by email to vintagespirits@ky.gov. The notice shall contain the following
information:
(1) The name, address, state
license number, and phone number of the licensee purchasing vintage distilled
spirits;
(2) The name, address, and
phone number of the vintage distilled spirits seller;
(3) The brand name and quantity of each
vintage distilled spirits package purchased;
(4) The date of the purchase; and
(5) The number of packages that the licensee
has previously purchased from the same vintage distilled spirits seller and the
dates of those purchases.
Section
4. Federal Law. This administrative regulation shall not exempt a
person from obeying any applicable federal laws.