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--- version:Introduced+++ version:(document, no version)@@ -1,3330 +1,102 @@-UNOFFICIAL COPY 26 RS BR 44-Page 1 of 111-XXXX 2/9/2026 2:54 PM Jacketed-AN ACT relating to regulated substances and declaring an emergency. 1-Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2-SECTION 1. A NEW SECTION OF KRS CHAPTER 138 IS CREATED TO 3-READ AS FOLLOWS: 4-(1) As used in this section: 5-(a) "Alcoholic beverage" has the same meaning as in Section 6 of this Act: 6-(b) "Alcoholic beverage retailer" or "retailer" means a person who sells any 7-alcoholic beverage to a consumer in Kentucky for any purpose, including: 8-1. At a Kentucky retail location; 9-2. At premises as defined in Section 6 of this Act in Kentucky; 10-3. To a consumer at a Kentucky address by a direct shipper; 11-4. By any other direct-to-consumer seller; or 12-5. To a consumer through any other approved location or method 13-authorized by law; 14-(c) "Direct shipper" means a direct shipper licensed in KRS 243.027; 15-(d) "Gross receipts": 16-1. Means the total amount or consideration, including cash, credit, 17-property, and services, for which alcoholic beverages are sold, valued 18-in money, whether received in money or otherwise, without any 19-deduction for any of the following: 20-a. The alcoholic beverage retailer's cost of the alcoholic beverages; 21-b. Charges by the retailer for any services necessary to complete the 22-sale; and 23-c. Delivery charges by the retailer for the preparation and delivery 24-to a location designated by the purc haser, including 25-transportation, shipping, postage, handling, crating, and 26-packing; and 27-UNOFFICIAL COPY 26 RS BR 44-Page 2 of 111-XXXX 2/9/2026 2:54 PM Jacketed-2. Does not include: 1-a. Discounts, including cash, term, or coupons that are not 2-reimbursed by a third party and that are allowed by an alcoholic 3-beverage retailer and taken by a purchaser on a sale; 4-b. Interest, financing, and carrying charges from credit extended 5-on the sale of alcoholic beverages, if the amount is separately 6-stated on the invoice, bill of sale, or similar document given to 7-the purchaser; 8-c. Any state retail regulatory license fees or taxes legally imposed 9-directly on the purchaser that are separately stated on the 10-invoice, bill of sale, or similar document given to the purchaser, 11-including sales tax imposed by KRS 139.200; 12-d. Local alcohol regulatory l icense fees authorized in Section 16 of 13-this Act that are separately stated on the invoice, bill of sale, or 14-similar document given to the purchaser; or 15-e. Sales made by a direct shipper to a consumer located outside of 16-Kentucky; 17-(e) "Person" means an indi vidual, partnership, joint venture, committee, 18-association, corporation, governmental unit, nonprofit organization, or any 19-other organization or group of persons; 20-(f) "State retail regulatory license fee" includes interest accrued at the rate 21-provided by K RS 131.183, all applicable penalties imposed pursuant to this 22-chapter, and all applicable penalties and fees imposed pursuant to KRS 23-131.180, 131.410 to 131.445, and 131.990; and 24-(g) "Third party" means a person other than the purchaser. 25-(2) On or after Ju ly 1, 2027, a state retail regulatory license fee is imposed on all 26-alcoholic beverage retailers at the rate of four percent (4%) of the gross receipts 27-UNOFFICIAL COPY 26 RS BR 44-Page 3 of 111-XXXX 2/9/2026 2:54 PM Jacketed-derived from the sale of alcoholic beverages to consumers in this state. 1-(3) The state retail regulatory license fee shall be: 2-(a) Administered by the department; and 3-(b) Transferred to the general fund. 4-(4) The state retail regulatory license fee: 5-(a) May be added to the selling price charged by the alcoholic beverage retailer 6-on the alcoholic beverages, when stated separately; and 7-(b) Shall be paid by the alcoholic beverage retailer as prescribed in 8-administrative regu lations promulgated by the department in accordance 9-with KRS Chapter 13A. 10-(5) The alcoholic beverage retailer is liable for the state retail regulatory license fee. 11-(6) (a) Every alcoholic beverage retailer shall, by the twentieth day of each month, 12-transmit to the department reports, on the forms the department may 13-prescribe, on the total retail sales for the month and state retail regulatory 14-license fees due. 15-(b) For purposes of facilitating the administration, payment, or collection of the 16-state retail r egulatory license fees levied by this chapter, the department 17-may, within its discretion, permit or require returns or fee payments for 18-periods other than those prescribed in paragraph (a) of this subsection. 19-(7) Payment of the state retail regulatory license fee shall be due with the report. 20-(8) (a) For reimbursement of the cost of collecting and remitting the fee, the 21-alcoholic beverage retailer shall deduct on each return one -quarter of one 22-percent (0.25%) of the fee due, provided the amount due is not d elinquent at 23-the time of payment. 24-(b) The total reimbursement allowed for each alcohol beverage retailer shall 25-not exceed fifty dollars ($50) per return. 26-(c) For purposes of this subsection only, "alcoholic beverage retailer" shall not 27-UNOFFICIAL COPY 26 RS BR 44-Page 4 of 111-XXXX 2/9/2026 2:54 PM Jacketed-include a distiller. 1-(9) The alcoholic beverage retailer shall keep and preserve an accurate record of all 2-receipts of its alcoholic beverage products sold, and state retail regulatory license 3-fees due, together with invoices or other pertinent records and papers required by 4-the department for four (4) years. 5-(10) An alcoholic beverage retailer or other person shall not: 6-(a) Fail or refuse to make the returns and pay the state retail regulatory license 7-fee prescribed by this section; 8-(b) Refuse to permit the department or any representative appointed by the 9-commissioner in writing to examine his or her records, papers, files, and 10-equipment pertaining to the taxable business; 11-(c) Make an incomplete, false, or fraudulent return, or attempt to do anything 12-to avoid: 13-1. A full disclosure of the amount of business done; or 14-2. The payment of the whole or any part of the state retail regulatory 15-license fee or penalties due; or 16-(d) Fail to keep and preserve records of the alcoholic beverage products sold by 17-the alcoholic beverage retaile r to substantiate the reports required by this 18-section. 19-(11) Any person who violates any provision of this section shall be subject to the 20-uniform civil penalties imposed pursuant to KRS 131.180 and interest at the tax 21-interest rate as defined in KRS 131.183. 22-(12) (a) 1. Notwithstanding any other provision of this chapter to the contrary, 23-the president, vice president, secretary, treasurer, or any other person 24-holding any equivalent corporate office of any corporation subject to 25-this section shall be personally and individually liable, both jointly and 26-severally, for the state retail regulatory license fees imposed by this 27-UNOFFICIAL COPY 26 RS BR 44-Page 5 of 111-XXXX 2/9/2026 2:54 PM Jacketed-section, and neither the corporate dissolution nor withdrawal of the 1-corporation from the state nor the cessation of holding any corporat e 2-office shall discharge the foregoing liability of any person. 3-2. The personal and individual liability shall apply to each and every 4-person holding the corporate office at the time the state retail 5-regulatory license fees become or became due. 6-3. A perso n shall not be personally and individually liable pursuant to 7-this section who had no authority in the management of the business 8-or financial affairs of the corporation at the time that the state retail 9-regulatory license fees imposed by this section become or became due. 10-(b) 1. Notwithstanding any other provision of this chapter, KRS 275.150, 11-362.1-306(3) or predecessor law, or 362.2 -404(3) to the contrary, the 12-managers of a limited liability company, the partners of a limited 13-liability partnership, and t he general partners of a limited liability 14-limited partnership or any other person holding any equivalent office 15-of a limited liability company, limited liability partnership, or limited 16-liability limited partnership subject to this section shall be person ally 17-and individually liable, both jointly and severally, for the state retail 18-regulatory license fees imposed by this section. 19-2. Dissolution, withdrawal of the limited liability company, limited 20-liability partnership, or limited liability limited partner ship from the 21-state, or the cessation of holding any office shall not discharge the 22-liability of any person. The personal and individual liability shall 23-apply to every manager of a limited liability company, partner of a 24-limited liability partnership, or g eneral partner of a limited liability 25-limited partnership at the time the state retail regulatory license fees 26-become or became due. 27-UNOFFICIAL COPY 26 RS BR 44-Page 6 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(13) The department may prescribe forms and promulgate administrative regulations 1-in accordance with KRS Chapter 13A to exe cute and administer this section. The 2-state retail regulatory license fee may be paid via electronic funds transfer. The 3-alcoholic beverage retailer shall provide the department with all protocol 4-documentation and electronic funds transfer data necessary t o facilitate the 5-timely transfer of funds. 6-SECTION 2. KRS CHAPTER 243A IS ESTABLISHED AND A NEW 7-SECTION THEREOF IS CREATED TO READ AS FOLLOWS: 8-(1) On or after July 1, 2027, a state wholesale regulatory license fee is imposed at a 9-rate of four-tenths of a cent ($0.004) for each milliliter of alcohol contained in an 10-alcoholic beverage for human consumption sold, used, or distributed by sale or 11-gift in the Commonwealth of Kentucky on every: 12-(a) Wholesaler; 13-(b) Distributor; 14-(c) Distiller that directly transfers products to its retail premises; 15-(d) Small farm winery that directly transfers products to its retail premises; 16-(e) Manufacturer permitted to self-distribute to retailers; and 17-(f) Direct shipper. 18-(2) (a) On or after July 1, 2027, a state wholesale regulatory license fee is imposed 19-on a microbrewery for its barrels directly transferred to a retailer or 20-consumer independent of a distributor at the fol lowing rates for each 21-milliliter of alcohol contained in an alcoholic beverage for human 22-consumption sold, used, or distributed by sale or gift in the Commonwealth 23-of Kentucky: 24-1. For the first fifteen thousand (15,000) taxable, directly transferred 25-barrels in a calendar year, at a rate of fourteen one -hundredths of a 26-cent ($0.0014) for each milliliter of alcohol contained in an alcoholic 27-UNOFFICIAL COPY 26 RS BR 44-Page 7 of 111-XXXX 2/9/2026 2:54 PM Jacketed-beverage sold; and 1-2. For any directly transferred barrels exceeding the first fifteen 2-thousand (15,000) taxable, direct ly transferred barrels in a calendar 3-year, at a rate of four -tenths of a cent ($0.004) for each milliliter of 4-alcohol contained in an alcoholic beverage sold for human 5-consumption in the Commonwealth of Kentucky. 6-(b) A microbrewery that directly transfers products to a retailer or consumer 7-independent of a distributor prior to July 1, 2027, and: 8-1. Directly transfers more than one thousand (1,000) barrels in calendar 9-year 2026 is subject to the state wholesale regulatory license fee in 10-paragraph (a) of this subsection; or 11-2. a. Directly transfers less than one thousand (1,000) barrels in 12-calendar year 2026 is exempt from the state wholesale regulatory 13-license fee in paragraph (a) of this subsection, subject to 14-subdivision b. of this subparagraph. 15-b. If the m icrobrewery directly transfers more than one thousand 16-(1,000) barrels in a calendar year after 2026, the state wholesale 17-regulatory license fee imposed by paragraph (a) of this 18-subsection shall apply to: 19- i. All directly transferred gallons exceeding the f irst one 20-thousand (1,000) barrels in that calendar year; and 21- ii. All directly transferred gallons in subsequent calendar 22-years. 23-(c) 1. A microbrewery that begins directly transferring products to a retailer 24-or consumer independent of a distributor on or a fter July 1, 2027, is 25-exempt from the state wholesale regulatory license fee levied in 26-paragraph (a) of this subsection on the first one thousand (1,000) 27-UNOFFICIAL COPY 26 RS BR 44-Page 8 of 111-XXXX 2/9/2026 2:54 PM Jacketed-barrels sold in a calendar year, subject to subparagraph 2. of this 1-paragraph. 2-2. If the microbrewery directly transfers more than one thousand (1,000) 3-barrels in a calendar year, the state wholesale regulatory license fee 4-imposed by paragraph (a) of this subsection shall apply to: 5-a. All directly transferred barrels exceeding the first one thousand 6-(1,000) barrels in that calendar year; and 7-b. All directly transferred barrels in subsequent calendar years. 8-(3) For timely filing and payment, the wholesaler, distributor, distiller, small farm 9-winery, manufacturer, direct shipper, or microbrewery shall deduct, for each 10-milliliter transferred or sold, seven-thousandths of a cent ($0.00007) per milliliter 11-of alcohol contained in an alcoholic beverage sold for human consumption in the 12-Commonwealth of Kentucky, provided the amount due is not delinquent at the 13-time of payment. 14-(4) (a) A wholesaler, distributor, distiller, small farm winery, manufacturer, direct 15-shipper, and microbrewery shall pay and report the state wholesale 16-regulatory license fee levied in subsections (1) and (2) of this section to the 17-Department of Revenue on or bef ore the twentieth day of the calendar 18-month next succeeding the month in which possession or title of the 19-alcoholic beverages is transferred from the wholesaler, distributor, distiller, 20-small farm winery, manufacturer, direct shipper, or microbrewery to 21-manufacturers, retailers, or consumers in this state, in accordance with 22-administrative regulations promulgated pursuant to KRS Chapter 13A 23-designed reasonably to protect the revenues of the Commonwealth. 24-(b) The report of the state wholesale regulatory lic ense fees shall be on the 25-forms the Department of Revenue prescribes and shall include: 26-1. Total milliliters of alcohol transferred or sold, with a listing 27-UNOFFICIAL COPY 26 RS BR 44-Page 9 of 111-XXXX 2/9/2026 2:54 PM Jacketed-containing the container size of each type of product transferred or 1-sold, the milliliters per conta iner, and how many products were sold; 2-and 3-2. The amount of state wholesale regulatory license fees due. 4-(5) (a) 1. Notwithstanding any other provision of this chapter to the contrary, 5-the president, vice president, secretary, treasurer, or any other perso n 6-holding any equivalent corporate office of any corporation subject to 7-this section shall be personally and individually liable, both jointly and 8-severally, for the state wholesale regulatory license fees imposed by 9-this section, and neither the corporate dissolution nor withdrawal of 10-the corporation from the state nor the cessation of holding any 11-corporate office shall discharge the foregoing liability of any person. 12-2. The personal and individual liability shall apply to each and every 13-person holding the corporate office at the time the state wholesale 14-regulatory license fees become or became due. 15-3. A person shall not be personally and individually liable pursuant to 16-this section who had no authority in the management of the business 17-or financial affairs of the corporation at the time that the state 18-wholesale regulatory license fees imposed by this section become or 19-became due. 20-(b) 1. Notwithstanding any other provision of this chapter, KRS 275.150, 21-362.1-306(3) or predecessor law, or 362.2 -404(3) to the contrary, the 22-managers of a limited liability company, the partners of a limited 23-liability partnership, and the general partners of a limited liability 24-limited partnership or any other person holding any equivalent office 25-of a limited liability company, li mited liability partnership, or limited 26-liability limited partnership subject to this section shall be personally 27-UNOFFICIAL COPY 26 RS BR 44-Page 10 of 111-XXXX 2/9/2026 2:54 PM Jacketed-and individually liable, both jointly and severally, for the state 1-wholesale regulatory license fees imposed by this section. 2-2. Dissolution, withdrawal of the limited liability company, limited 3-liability partnership, or limited liability limited partnership from the 4-state, or the cessation of holding any office shall not discharge the 5-liability of any person. The personal and individual liabili ty shall 6-apply to every manager of a limited liability company, partner of a 7-limited liability partnership, or general partner of a limited liability 8-limited partnership at the time the state wholesale regulatory license 9-fees become or became due. 10-SECTION 3. A NEW SECTION OF KRS CHAPTER 243A IS CREATED TO 11-READ AS FOLLOWS: 12-(1) As used in this section: 13-(a) "Food" has the same meaning as in KRS 217.2201; 14-(b) "Hemp" means the plant species Cannabis sativa L. and any part of t hat 15-plant, including the seeds thereof and all derivatives, extracts, 16-cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or 17-not, with a total delta -9 tetrahydrocannabinol concentration of not more 18-than three-tenths of one percent (0.3%) on a dry weight basis; 19-(c) "Hemp-derived cannabinoid product": 20-1. Means any intermediate or final product derived from hemp that: 21-a. Contains cannabinoids in any form; and 22-b. Is intended for human or animal use through any means of 23-application or admi nistration, such as inhalation, ingestion, or 24-topical application; and 25-2. Includes but is not limited to cannabis -infused beverages, as defined 26-in Section 6 of this Act, and any other edible or consumable product 27-UNOFFICIAL COPY 26 RS BR 44-Page 11 of 111-XXXX 2/9/2026 2:54 PM Jacketed-containing tetrahydrocannabinol, regardless of the extraction method 1-used to obtain the tetrahydrocannabinol; 2-(d) "Kratom" has the same meaning as in KRS 217.2201; 3-(e) "Kratom extract" has the same meaning as in KRS 217.2201; 4-(f) "Kratom product" has the same meaning as in KRS 217.2201; 5-(g) "Person" has the same meaning as in Section 36 of this Act; 6-(h) "Retailer" means any person that sells or ships hemp -derived cannabinoid 7-products, kratom extracts, or kratom products for any purpose other than 8-resale: 9-1. At a Kentucky retail location; or 10-2. To a Kentucky address; and 11-(i) "State retail regulatory licens e fee" includes interest accrued at the rate 12-provided by KRS 131.183, all applicable penalties imposed pursuant to this 13-chapter, and all applicable penalties and fees imposed pursuant to KRS 14-131.180, 131.410 to 131.445, and 131.990. 15-(2) On or after July 1, 2027, a state retail regulatory license fee is levied on retailers 16-for the privilege of selling kratom extracts or kratom products in this state at the 17-rate of: 18-(a) Four cents ($0.04) per milligram of mitragynine in kratom product sold if 19-the concentration of kratom is two percent (2%) or less per serving; 20-(b) Four dollars ($4) per milligram of mitragynine in kratom product sold if the 21-concentration of kratom is more than two percent (2%) per serving; 22-(c) Forty cents ($0.40) per milligram of mitragynine i n kratom extract sold if 23-the concentration of kratom is two percent (2%) or less; and 24-(d) Eight dollars ($8) per milligram of mitragynine in kratom extract sold if the 25-concentration of kratom is more than two percent (2%) per serving. 26-(3) On or after July 1, 2027, a state retail regulatory license fee is levied on retailers 27-UNOFFICIAL COPY 26 RS BR 44-Page 12 of 111-XXXX 2/9/2026 2:54 PM Jacketed-for the privilege of selling hemp -derived cannabinoid products in this state at the 1-rate of sixteen cents ($0.16) per milligram or milliliter, as labeled on the product, 2-of delta -9 tetra hydrocannabinol or delta -8 tetrahydrocannabinol or any other 3-form of tetrahydrocannabinol sold. 4-(4) The state retail regulatory license fees shall be: 5-(a) Administered by the Department of Revenue; 6-(b) Transferred to the general fund; and 7-(c) Paid by the retailer as prescribed in administrative regulations promulgated 8-by the Department of Revenue in accordance with KRS Chapter 13A. 9-(5) The retailer is liable for the state retail regulatory license fee. 10-(6) Every retailer shall, by the twentieth day of each month, transmit reports to the 11-Department of Revenue, on the forms the Department of Revenue may prescribe, 12-on the: 13-(a) Total kratom products sold, with a listing containing the description of each 14-type of product sold, which contains the milligrams of mit ragynine per 15-serving and how many servings are in each product; 16-(b) Total mitragynine milligrams contained in the kratom products sold; 17-(c) Total hemp-derived cannabinoid products sold, with a listing containing the 18-description of each type of product sol d which contains the milligrams of 19-delta-9 tetrahydrocannabinol or delta -8 tetrahydrocannabinol or any other 20-form of tetrahydrocannabinol per serving and how many servings are in 21-each product; 22-(d) Total delta-9 tetrahydrocannabinol or delta -8 tetrahydrocannabinol or any 23-other form of tetrahydrocannabinol milligrams contained in the products 24-sold; and 25-(e) Amount of state retail regulatory license fees due. 26-(7) Payment of the state retail regulatory license fee shall be due with the report. 27-UNOFFICIAL COPY 26 RS BR 44-Page 13 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(8) The retailer shall keep and preserve an accurate record of all receipts of its hemp-1-derived cannabinoid products, kratom extracts, and kratom products sold, and 2-state retail regulatory license fees due, together with invoices or other pertinent 3-records and papers required by the Department of Revenue for four (4) years. 4-(9) A retailer or other person shall not: 5-(a) Fail or refuse to make the returns and pay the state retail regulatory license 6-fee prescribed by this section; 7-(b) Refuse to permit the Department of Revenue or any representative 8-appointed by the commissioner of the Department of Revenue in writing to 9-examine his or her records, papers, files, and equipment pertaining to the 10-taxable business; 11-(c) Make an incomplete, false, or fraudulent return, or attempt to d o anything 12-to avoid: 13-1. A full disclosure of the amount of business done; or 14-2. The payment of the whole or any part of the state retail regulatory 15-license fee or penalties due; or 16-(d) Fail to keep and preserve records of the hemp-derived cannabinoid products 17-sold, kratom extracts, or kratom products sold by the retailer to substantia te 18-the reports required by this section. 19-(10) Any person who violates any provision of this section shall be subject to the 20-uniform civil penalties imposed pursuant to KRS 131.180 and interest at the tax 21-interest rate as defined in KRS 131.183. 22-(11) (a) 1. Notwithstanding any other provisions of this chapter to the contrary, 23-the president, vice president, secretary, treasurer, or any other person 24-holding any equivalent corporate office of any corporation subject to 25-this section shall be personally and individually liable, both jointly and 26-severally, for the state retail regulatory license fees imposed by this 27-UNOFFICIAL COPY 26 RS BR 44-Page 14 of 111-XXXX 2/9/2026 2:54 PM Jacketed-section, and neither the corporate dissolution nor withdrawal of the 1-corporation from the state nor the cessation of holding any corporate 2-office shall discharge the foregoing liability of any person. 3-2. The personal and individual liability shall apply to each and every 4-person holding the corporate office at the time the state retail 5-regulatory license fees become or became due. 6-3. A person shall not be personally and individually liable pursuant to 7-this section who had no authority in the management of the business 8-or financial affairs of the corporation at the time that the state retail 9-regulatory license fees imposed by this section become or became due. 10-(b) 1. Notwithstanding any other provision of this chapter, KRS 275.150, 11-362.1-306(3) or predecessor law, or 362.2 -404(3) to the contrary, the 12-managers of a limited liability company, the partners of a limited 13-liability partnership, and the general par tners of a limited liability 14-limited partnership or any other person holding any equivalent office 15-of a limited liability company, limited liability partnership, or limited 16-liability limited partnership subject to this section shall be personally 17-and indiv idually liable, both jointly and severally, for the state retail 18-regulatory license fees imposed by this section. 19-2. Dissolution, withdrawal of the limited liability company, limited 20-liability partnership, or limited liability limited partnership from the 21-state, or the cessation of holding any office shall not discharge the 22-liability of any person. The personal and individual liability shall 23-apply to every manager of a limited liability company, partner of a 24-limited liability partnership, or general partner of a limited liability 25-limited partnership at the time the state retail regulatory license fees 26-becomes or became due. 27-UNOFFICIAL COPY 26 RS BR 44-Page 15 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(12) The Department of Revenue may prescribe forms and promulgate administrative 1-regulations in accordance with KRS Chapter 13A to execu te and administer this 2-section. The state retail regulatory license fee may be paid via electronic funds 3-transfer. The retailer shall provide the department with all protocol 4-documentation and electronic funds transfer data necessary to facilitate the 5-timely transfer of funds. 6-(13) It is the purpose and intent of the General Assembly to impose regulatory license 7-fees on retailers of substances that may have an intoxicating effect on users. It is 8-not the intent of the General Assembly to legalize such activi ties if not otherwise 9-legal. 10-SECTION 4. A NEW SECTION OF KRS CHAPTER 243A IS CREATED TO 11-READ AS FOLLOWS: 12-(1) Any person who violates any provision of Section 2 or 3 of this Act or any 13-administrative regulation promulgate d thereunder shall be guilty of a Class A 14-misdemeanor. 15-(2) Any person who violates any provision of Section 2 or 3 of this Act shall be 16-subject to the uniform civil penalties imposed pursuant to KRS 131.180. 17-(3) Any state wholesale regulatory license fee i mposed by Section 2 of this Act and 18-any state retail regulatory license fee imposed by Section 3 of this Act that is not 19-paid on or before the due date shall bear interest at the tax interest rate as defined 20-in KRS 131.010 from the due date until the date of payment. 21-Section 5. KRS 211.285 is amended to read as follows: 22-(1) There is hereby created the alcohol wellness and responsibility education fund, 23-which shall provide moneys on a matching basis for educational informa tion and 24-materials that deter or eliminate underage drinking. The fund shall consist of 25-moneys generated from: 26-(a) One percent (1%) of the excise tax collected from the sale and distribution of 27-UNOFFICIAL COPY 26 RS BR 44-Page 16 of 111-XXXX 2/9/2026 2:54 PM Jacketed-malt beverages under KRS 243.720 before July 1, 2027;[,] 1-(b) One percent (1%) of the wholesale tax collected from distributors of malt 2-beverages and microbreweries under KRS 243.884 before July 1, 2027; [, 3-and] 4-(c) One-half of one percent (0.5%) of the state retail regulatory license fee 5-collected from the sale of a lcoholic beverages pursuant to Section 1 of this 6-Act on or after July 1, 2027; and 7-(d) All proceeds from public auctions conducted by the Alcoholic Beverage 8-Control Board under KRS 241.060 and 243.540. 9-(2) The alcohol wellness and responsibility education fund shall be established in the 10-State Treasury as a trust and agency account under KRS 45.253. Moneys in the 11-account shall be distributed by the State Treasurer to the Alcohol Wellness and 12-Responsibility Education Corporation, a nonprofit organization tha t is organized 13-under the laws of this state, upon the authorization of the secretary of the Public 14-Protection Cabinet. The moneys shall be awarded to the corporation solely to fund 15-educational programs to deter or eliminate underage drinking and promote al cohol 16-responsibility measures. 17-(3) The secretary of the Public Protection Cabinet shall authorize that moneys from the 18-fund be disbursed to the corporation upon the secretary's receipt of a certification 19-from the corporation showing the moneys the corporat ion has received from malt 20-beverage distributors, microbreweries, auctions, and other private sources since the 21-last certification. The moneys disbursed from the fund shall be equal to the 22-contributions that the corporation has received from its members an d other private 23-sources during that period. The moneys in the fund shall be disbursed in accordance 24-with a schedule established by the secretary, and shall be disbursed until the 25-moneys in the fund are exhausted or until the moneys in the fund lapse in 26-accordance with subsection (4) of this section, whichever comes first. 27-UNOFFICIAL COPY 26 RS BR 44-Page 17 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(4) Moneys that are credited to the fund and not issued to the corporation shall lapse at 1-the end of the fiscal year and shall be returned to the general fund. 2-(5) As a condition of receiving the governmental funds, the corporation's board of 3-directors shall include the following among its directors: 4-(a) All duly elected statewide constitutional officers or designees; 5-(b) The President of the Senate or designee, who shall serve as a nonvoting 6-member; 7-(c) The Speaker of the House or designee, who shall serve as a nonvoting 8-member; 9-(d) The secretary of the Public Protection Cabinet or designee; 10-(e) The commissioner of the Department of Alcoholic Beverage Control or 11-designee; 12-(f) A representative of the malt beverage industry submitted by the Kentucky 13-Beer Wholesalers' Association; 14-(g) A representative of the malt beverage industry submitted by the Kentucky 15-Malt Beverage Council; 16-(h) A representative of the Kentucky Guild of Brewers submitted by the 17-Kentucky Guild of Brewers; and 18-(i)[(h)] A representative of the distilled spirits industry submitted by the 19-Kentucky Distillers' Association. 20-(6) All expenditures of moneys from the fund shall be approved by a majority of those 21-persons set out in subsection (5)(a) and (d) to (h) of this section. If the moneys from 22-the fund are not expended in their entirety, any moneys that remain unused by the 23-corporation at the end of the fiscal year shall be returned to the general fund. 24-(7) Any moneys from the fund that are not expended shall be returned to the general 25-fund upon the dissolution of the corporation. 26-(8) The Alcohol Wellness and Responsibility Education Corporation may accept 27-UNOFFICIAL COPY 26 RS BR 44-Page 18 of 111-XXXX 2/9/2026 2:54 PM Jacketed-applications for grants by Kentucky high schools, col leges and universities, and 1-other entities that promote alcohol responsibility, and the board of directors shall 2-develop criteria for the awarding of any funds by application. 3-(9) Any high school in the Commonwealth of Kentucky that was registered with the 4-Department of Education as of July 1, 2024, may make an application to the 5-Alcohol Wellness and Responsibility Education Corporation by February 28 of 6-each year and shall be granted a minimum of one thousand dollars ($1,000) 7-annually from the funds contri buted by the alcohol wellness and responsibility 8-education fund for the single purpose of supporting "Project Graduation" events. 9-Section 6. KRS 241.010 is amended to read as follows: 10-As used in KRS Chapters 241 to 244, unless the context requires otherwise: 11-(1) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl or spirit of wine, from 12-whatever source or by whatever process it is produced; 13-(2) "Alcoholic beverage" means every liquid, solid, powder, or crystal, whether 14-patented or not, containing alcohol in an amount in excess of more than one percent 15-(1%) of alcohol by volume, which is fit for beverage purposes. It includes distilled 16-spirits, wine, malt beverages, and every spurious or imitation liquor sold as, or 17-under any name commonly used for, alcoholic beverages containing alcohol in an 18-amount in excess of more than one percent (1%) of alcohol by volume [, whether 19-containing any alcohol or not]. It does not include the following products: 20-(a) Medicinal preparations manufactured in accordance with formulas prescribed 21-by the United States Pharmacopoeia, National Formulary, or the American 22-Institute of Homeopathy; 23-(b) Patented, patent, and proprietary medicines; 24-(c) Toilet, medicinal, and antiseptic preparations and solutions; 25-(d) Flavoring extracts and syrups; 26-(e) Denatured alcohol or denatured rum; 27-UNOFFICIAL COPY 26 RS BR 44-Page 19 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(f) Vinegar and preserved sweet cider; 1-(g) Wine for sacramental purposes;[ and] 2-(h) Alcohol unfit fo r beverage purposes that is to be sold for legitimate external 3-use; and 4-(i) Products intended for human consumption containing cannabinoids that 5-have intoxicating properties that change the function of the nervous system 6-and result in alterations of perception, cognition, or behavior; 7-(3) (a) "Alcohol vaporizing device" or "AWOL device" means any device, machine, 8-or process that mixes liquor, spirits, or any other alcohol product with pure 9-oxygen or by any other means produces a vaporized alcoholic product used 10-for human consumption; 11-(b) "Alcohol vaporizing device" or "AWOL device" does not include an inhaler, 12-nebulizer, atomizer, or other device that is designed and intended by the 13-manufacturer to dispense a prescribed or over -the-counter medication or a 14-device installed and used by a licensee under this chapter to demonstrate the 15-aroma of an alcoholic beverage; 16-(4) "Automobile race track" means a facility primarily used for vehicle racing that has a 17-seating capacity of at least thirty thousand (30,000) people; 18-(5) "Barrel-aged and batched cocktail" means an alcoholic beverage that is: 19-(a) Composed of: 20-1. Distilled spirits that have been dispensed from their original sealed 21-container; and 22-2. Other ingredients or alcoholic beverages; 23-(b) Placed into a barrel or container on the premises of a retail licensee; and 24-(c) Dispensed from the barrel or container as a retail sale by the drink; 25-(6) "Bed and breakfast" means a one (1) family dwelling unit that: 26-(a) Has guest rooms or suites used, rented, or hired out for occupancy or that are 27-UNOFFICIAL COPY 26 RS BR 44-Page 20 of 111-XXXX 2/9/2026 2:54 PM Jacketed-occupied for sle eping purposes by persons not members of the single -family 1-unit; 2-(b) Holds a permit under KRS Chapter 219; and 3-(c) Has an innkeeper who resides on the premises or property adjacent to the 4-premises during periods of occupancy; 5-(7) "Board" means the State Al coholic Beverage Control Board created by KRS 6-241.030; 7-(8) "Bottle" means any container which is used for holding alcoholic beverages for the 8-use and sale of alcoholic beverages at retail; 9-(9) "Brewer" means any person who manufactures malt beverages or ow ns, occupies, 10-carries on, works, or conducts any brewery, either alone or through an agent; 11-(10) "Brewery" means any place or premises where malt beverages are manufactured for 12-sale, and includes all offices, granaries, mash rooms, cooling rooms, vaults, y ards, 13-and storerooms connected with the premises; or where any part of the process of the 14-manufacture of malt beverages is carried on; or where any apparatus connected with 15-manufacture is kept or used; or where any of the products of brewing or 16-fermentation are stored or kept; 17-(11) "Building containing licensed premises" means the licensed premises themselves 18-and includes the land, tract of land, or parking lot in which the premises are 19-contained, and any part of any building connected by direct access or b y an 20-entrance which is under the ownership or control of the licensee by lease holdings 21-or ownership; 22-(12) "Cannabinoid" means a compound found in the hemp plant Cannabis sativa L. from 23-a United States Department of Agriculture -sanctioned domestic hemp pro duction 24-program and does not include cannabinoids derived from any other substance; 25-(13) "Cannabis-infused beverage": 26-(a) Means a properly permitted adult -use cannabinoid liquid product intended for 27-UNOFFICIAL COPY 26 RS BR 44-Page 21 of 111-XXXX 2/9/2026 2:54 PM Jacketed-human consumption that has intoxicating properties that c hange the function 1-of the nervous system and results in alterations of perception, cognition, or 2-behavior and shall not contain more than five (5) milligrams of intoxicating 3-adult-use cannabinoids per twelve (12) ounce serving; and 4-(b) Shall not include: 5-1. Medicinal cannabis regulated under KRS Chapter 218B; 6-2. Any type of hemp tincture; and 7-3. Any product containing solely nonintoxicating cannabinoids; 8-(14) "Caterer" means a person operating a food service business that prepares food in a 9-licensed and ins pected commissary, transports the food and alcoholic beverages to 10-the caterer's designated and inspected banquet hall or to an agreed location, and 11-serves the food and alcoholic beverages pursuant to an agreement with another 12-person; 13-(15) "Charitable organization" means a nonprofit entity recognized as exempt from 14-federal taxation under Section 501(c) of the Internal Revenue Code, 26 U.S.C. sec. 15-501(c), or any organization having been established and continuously operating 16-within the Common wealth of Kentucky for charitable purposes for three (3) years 17-and which expends at least sixty percent (60%) of its gross revenue exclusively for 18-religious, educational, literary, civic, fraternal, or patriotic purposes; 19-(16) "Cider" means any fermented f ruit-based beverage containing seven percent (7%) 20-or more alcohol by volume and includes hard cider and perry cider; 21-(17) "City administrator" means city alcoholic beverage control administrator; 22-(18) "Commercial airport" means an airport through which mor e than five hundred 23-thousand (500,000) passengers arrive or depart annually; 24-(19) (a) "Commercial quadricycle" means a vehicle equipped with a minimum of ten 25-(10) pairs of fully operative pedals for propulsion by means of human 26-muscular power and which: 27-UNOFFICIAL COPY 26 RS BR 44-Page 22 of 111-XXXX 2/9/2026 2:54 PM Jacketed-1. Has four (4) wheels; 1-2. Is operated in a manner similar to that of a bicycle; 2-3. Is equipped with a minimum of thirteen (13) seats for passengers; 3-4. Has a unibody design; 4-5. Is equipped with a minimum of four (4) hydraulically operated brakes; 5-6. Is used for commercial tour purposes; 6-7. Is operated by the vehicle owner or an employee of the owner; and 7-8. Has an electrical assist system that shall only be used when traveling to 8-or from its storage location while not carrying passengers. 9-(b) A "commercial quadricycle" is not a motor vehicle as defined in KRS 186.010 10-or 189.010; 11-(20) "Commissioner" means the commissioner of the Department of Alcoholic Beverage 12-Control; 13-(21) "Consumer" means a person, persons, or business organization who purchases 14-alcoholic beverages and who: 15-(a) Does not hold a license or permit issued by the department; 16-(b) Purchases the alcoholic beverages for personal consumption only and not for 17-resale; 18-(c) Is of lawful drinking age; and 19-(d) Receives the alcoholic beverages in territory w here the alcoholic beverages 20-may be lawfully sold or received; 21-(22) "Convention center" means any facility which, in its usual and customary business, 22-provides seating for a minimum of one thousand (1,000) people and offers 23-convention facilities and relate d services for seminars, training and educational 24-purposes, trade association meetings, conventions, or civic and community events 25-or for plays, theatrical productions, or cultural exhibitions; 26-(23) "Convicted" and "conviction" means a finding of guilt res ulting from a plea of 27-UNOFFICIAL COPY 26 RS BR 44-Page 23 of 111-XXXX 2/9/2026 2:54 PM Jacketed-guilty, the decision of a court, or the finding of a jury, irrespective of a 1-pronouncement of judgment or the suspension of the judgment; 2-(24) "County administrator" means county alcoholic beverage control administrator; 3-(25) "Department" means the Department of Alcoholic Beverage Control; 4-(26) "Dining car" means a railroad passenger car that serves meals to consumers on any 5-railroad or Pullman car company; 6-(27) "Discount in the usual course of business" means price reductions, rebates , refunds, 7-and discounts given by wholesalers to distilled spirits and wine retailers pursuant to 8-an agreement made at the time of the sale of the merchandise involved and are 9-considered a part of the sales transaction, constituting reductions in price pur suant 10-to the terms of the sale, irrespective of whether the quantity discount was: 11-(a) Prorated and allowed on each delivery; 12-(b) Given in a lump sum after the entire quantity of merchandise purchased had 13-been delivered; or 14-(c) Based on dollar volume or on the quantity of merchandise purchased; 15-(28) "Distilled spirits" or "spirits" means any product capable of being consumed by a 16-human being which contains alcohol obtained by distilling, mixed with water or 17-other substances in solution, except wine, hard cider, and malt beverages; 18-(29) "Distiller" means any person who is engaged in the business of manufacturing 19-distilled spirits at an y distillery in the state and is registered in the Office of the 20-Collector of Internal Revenue for the United States at Louisville, Kentucky; 21-(30) "Distillery" means any place or premises where distilled spirits are manufactured 22-for sale, and which are reg istered in the office of any collector of internal revenue 23-for the United States. It includes any United States government bonded warehouse; 24-(31) "Distributor" means any person who distributes malt beverages for the purpose of 25-being sold at retail; 26-(32) "Dry" means a territory in which a majority of the electorate voted to prohibit all 27-UNOFFICIAL COPY 26 RS BR 44-Page 24 of 111-XXXX 2/9/2026 2:54 PM Jacketed-forms of retail alcoholic beverage sales through a local option election held under 1-KRS Chapter 242; 2-(33) "Election" means: 3-(a) An election held for the purpose of taking the sense of the people as to the 4-application or discontinuance of alcoholic beverage sales under KRS Chapter 5-242; or 6-(b) Any other election not pertaining to alcoholic beverages; 7-(34) "Horse racetrack" means a facility licensed to conduct a horse race meetin g under 8-KRS Chapter 230; 9-(35) "Hotel" means a hotel, motel, or inn for accommodation of the traveling public, 10-designed primarily to serve transient patrons; 11-(36) "Investigator" means any employee or agent of the department who is regularly 12-employed and who se primary function is to travel from place to place for the 13-purpose of visiting licensees, and any employee or agent of the department who is 14-assigned, temporarily or permanently, by the commissioner to duty outside the main 15-office of the department at Fr ankfort, in connection with the administration of 16-alcoholic beverage statutes; 17-(37) "License" means any license issued pursuant to KRS Chapters 241 to 244; 18-(38) "Licensee" means any person to whom a license has been issued, pursuant to KRS 19-Chapters 241 to 244; 20-(39) "Limited restaurant" means: 21-(a) A facility where the usual and customary business is the preparation and 22-serving of meals to consumers, which has a bona fide kitchen facility, which 23-receives at least seventy percent (70%) of its food and alcoholi c beverage 24-receipts from the sale of food, which maintains a minimum seating capacity of 25-fifty (50) persons for dining, which has no open bar, which requires that 26-alcoholic beverages be sold in conjunction with the sale of a meal, and which 27-UNOFFICIAL COPY 26 RS BR 44-Page 25 of 111-XXXX 2/9/2026 2:54 PM Jacketed-is located in a wet or moist territory under KRS 242.1244; or 1-(b) A facility where the usual and customary business is the preparation and 2-serving of meals to consumers, which has a bona fide kitchen facility, which 3-receives at least seventy percent (70%) of its food and alcoholic beverage 4-receipts from the sale of food, which maintains a minimum seating capacity of 5-one hundred (100) persons of dining, and which is located in a wet or moist 6-territory under KRS 242.1244; 7-(40) "Local administrator" means a city alcoholic beverage control administrator, county 8-alcoholic beverage control administrator, or urban -county alcoholic beverage 9-control administrator; 10-(41) "Malt beverage" means any fermented undistilled alcoholic beverage of any name 11-or description, manufactured from malt wholly or in part, or from any substitute for 12-malt, and includes weak cider; 13-(42) "Manufacture" means distill, rectify, brew, bottle, and operate a winery; 14-(43) "Manufacturer" means a winery, distiller, rectifier, or brewer, and any other person 15-engaged in the production or bottling of alcoholic beverages; 16-(44) "Marina" means a dock or basin providing moorings for boats and offering supply, 17-repair, or other services for remuneration; 18-(45) "Minor" means any person who is not twenty-one (21) years of age or older; 19-(46) "Moist" means a territory in which a majority of the electorate voted to permit 20-limited alcoholic beverage sales by any one (1) or a combination of special limited 21-local option elections authorized by KRS Chapter 242; 22-(47) "Population" means the population figures established by the federal decennial 23-census for a census year or the current yearly population estimates prepared by the 24-Kentucky State Data Center, Urban Studies Center of the University of Louisville, 25-Louisville, Kentucky, for all other years; 26-(48) "Premises" means the land and building in and upon which any business regulated 27-UNOFFICIAL COPY 26 RS BR 44-Page 26 of 111-XXXX 2/9/2026 2:54 PM Jacketed-by alcoholic beverage statutes is operated or carried on. "Premises" shall not 1-include as a single unit two (2) or more separate businesses of one (1) owner on the 2-same lot or tract of land, in the same or in different buildings if physical and 3-permanent separation of the premises is maintained, excluding employee access by 4-keyed entry and emergency exits equipped with crash bars, and each has a separate 5-public entrance accessible directly from the sidewalk or parking lot. Any licensee 6-holding an alcoholic beverage license on July 15, 1998, shall not, by reason of this 7-subsection, be ineligible to continue to hold his or her license or obtain a renewal, 8-of the license; 9-(49) "Primary source of sup ply" or "supplier" means the distiller, winery, brewer, 10-producer, owner of the commodity at the time it becomes a marketable product, 11-bottler, or authorized agent of the brand owner. In the case of imported products, 12-the primary source of supply means eith er the foreign producer, owner, bottler, or 13-agent of the prime importer from, or the exclusive agent in, the United States of the 14-foreign distiller, producer, bottler, or owner; 15-(50) "Private club" means a nonprofit social, fraternal, military, or political organization, 16-club, or nonprofit or for -profit entity maintaining or operating a club room, club 17-rooms, or premises from which the general public is excluded; 18-(51) "Private selection event" means a private event with a licensed distiller during 19-which par ticipating consumers, retail licensees, wholesalers, distributors, or a 20-distillery's own representatives select a single barrel or a blend of barrels of the 21-distiller's products to be specially packaged for the participants; 22-(52) "Private selection package " means a bottle of distilled spirits sourced from the 23-barrel or barrels selected by participating consumers, retail licensees, wholesalers, 24-distributors, microbreweries that hold a quota retail drink or quota retail package 25-license, or a distillery's own representatives during a private selection event; 26-(53) "Public nuisance" means a condition that endangers safety or health, is offensive to 27-UNOFFICIAL COPY 26 RS BR 44-Page 27 of 111-XXXX 2/9/2026 2:54 PM Jacketed-the senses, or obstructs the free use of property so as to interfere with the 1-comfortable enjoyment of life or prope rty by a community or neighborhood or by 2-any considerable number of persons; 3-(54) "Qualified historic site" means: 4-(a) A contributing property with dining facilities for at least fifty (50) persons at 5-tables, booths, or bars where food may be served within a commercial district 6-listed in the National Register of Historic Places; 7-(b) A site that is listed as a National Historic Landmark or in the National 8-Register of Historic Places with dining facilities for at least fifty (50) persons 9-at tables, booths, or bars where food may be served; 10-(c) A distillery which is listed as a National Historic Landmark and which 11-conducts souvenir retail package sales under KRS 243.0305; or 12-(d) A not-for-profit or nonprofit facility listed on the National Register of Historic 13-Places; 14-(55) "Rectifier" means any person who rectifies, purifies, or refines distilled spirits, 15-malt, or wine by any process other than as provided for on distillery premises, and 16-every person who, without rectifying, purifying, or refining distilled spir its by 17-mixing alcoholic beverages with any materials, manufactures any imitations of or 18-compounds liquors for sale under the name of whiskey, brandy, gin, rum, wine, 19-spirits, cordials, bitters, or any other name; 20-(56) "Repackaging" means the placing of alc oholic beverages in any retail container 21-irrespective of the material from which the container is made; 22-(57) "Restaurant" means a facility where the usual and customary business is the 23-preparation and serving of meals to consumers, that has a bona fide kit chen facility, 24-and that receives at least fifty percent (50%) of its food and alcoholic beverage 25-receipts from the sale of food at the premises; 26-(58) "Retail container" means any bottle, can, barrel, or other container which, without a 27-UNOFFICIAL COPY 26 RS BR 44-Page 28 of 111-XXXX 2/9/2026 2:54 PM Jacketed-separable intermedia te container, holds alcoholic beverages and is suitable and 1-destined for sale to a retail outlet, whether it is suitable for delivery or shipment to 2-the consumer or not; 3-(59) "Retail sale" means any sale of alcoholic beverages to a consumer, including thos e 4-transactions taking place in person, electronically, online, by mail, or by telephone; 5-(60) "Retailer" means any licensee who sells and delivers any alcoholic beverage to 6-consumers, except for manufacturers with limited retail sale privileges and direct 7-shipper licensees; 8-(61) "Riverboat" means any boat or vessel with a regular place of mooring in this state 9-that is licensed by the United States Coast Guard to carry forty (40) or more 10-passengers for hire on navigable waters in or adjacent to this state; 11-(62) "Sale" means any transfer, exchange, or barter for consideration, and includes all 12-sales made by any person, whether principal, proprietor, agent, servant, or 13-employee, of any alcoholic beverage; 14-(63) "Service bar" means a bar, counter, shelving, or si milar structure used for storing or 15-stocking supplies of alcoholic beverages that is a workstation where employees 16-prepare alcoholic beverage drinks to be delivered to customers away from the 17-service bar; 18-(64) "Sell" includes solicit or receive an order fo r, keep or expose for sale, keep with 19-intent to sell, and the delivery of any alcoholic beverage; 20-(65) "Small farm winery" means a winery whose wine production is not less than two 21-hundred fifty (250) gallons and not greater than five hundred thousand (500 ,000) 22-gallons in a calendar year; 23-(66) "Souvenir package" means a special package of distilled spirits available from a 24-licensed retailer that is: 25-(a) Available for retail sale at a licensed Kentucky distillery where the distilled 26-spirits were produced or bottled; or 27-UNOFFICIAL COPY 26 RS BR 44-Page 29 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(b) Available for retail sale at a licensed Kentucky distillery but produced or 1-bottled at another of that distiller's licensed distilleries in Kentucky; 2-(67) "State administrator" or "administrator" means the distilled spirits administrator or 3-the malt beverages administrator, or both, as the context requires; 4-(68) (a) "State or national conference" means a formal gathering for people from 5-across the country or across Kentucky intended for consultation, 6-deliberation, discussion, or interchange of opinions focusing on issues 7-relevant to the economy, culture, professional fields, or governance, which 8-takes place in the Commonwealth of Kentucky and is attended by no less 9-than three hundred (300) attendees. 10-(b) "State or national conference" does no t include a political campaign 11-fundraiser; 12-(69)[(68)] "State park" means a state park that has a: 13-(a) Nine (9) or eighteen (18) hole golf course; or 14-(b) Full-service lodge and dining room; 15-(70)[(69)] "Supplemental bar" means a bar, counter, shelving, or similar structure used 16-for serving and selling distilled spirits or wine by the drink for consumption on the 17-licensed premises to guests and patrons from additional locations other than the 18-main bar; 19-(71)[(70)] "Territory" means a county, city, district, or precinct; 20-(72)[(71)] "Urban-county administrator" means an urban -county alcoholic beverage 21-control administrator; 22-(73)[(72)] "Valid identification document" means an unexpired, government-issued form 23-of identification that contains the photograph and date of birth of the individual to 24-whom it is issued; 25-(74)[(73)] "Vehicle" means any device or animal used to carry, convey, transport, or 26-otherwise move alcoholic beverages or any products, equipment, or appurtenances 27-UNOFFICIAL COPY 26 RS BR 44-Page 30 of 111-XXXX 2/9/2026 2:54 PM Jacketed-used to manufacture, bottle, or sell these beverages; 1-(75)[(74)] "Vintage distilled spirit" means: 2-(a) A private selection package; or 3-(b) A package or packages of distilled spirits that: 4-1. Are in their original manufacturer's unopened container; 5-2. Are not owned by a distillery; and 6-3. Are not otherwise available for purchase from a licensed wholesaler 7-within the Commonwealth; 8-(76)[(75)] (a) "Vintage distilled spirits seller" means a nonlicensed person at least 9-twenty-one (21) years of age who is: 10-1. An administrator, executor, receiver, or other fiduciary who receives and 11-sells vintage distilled spirits in execution of the person's fiduciary 12-capacity; 13-2. A creditor who receives or takes possession of vintage distilled spirits as 14-security for, or in payment of, debt, in whole or in part; 15-3. A public officer or court official who levies on vintage distilled spirits 16-under order or process of any court or magistrate to sell the vintage 17-distilled spirits in satisfaction of the order or process; or 18-4. Any other person not engaged in the business of selling alcoholic 19-beverages. 20-(b) "Vintage distilled spirits seller" does not mean: 21-1. A person selling alcoholic beverages as part of an approved KRS 22-243.630 transfer; or 23-2. A person selling alcoholic beverages as authorized by KRS 243.540; 24-(77)[(76)] "Warehouse" means any place in which alcoholic beverages are housed or 25-stored; 26-(78)[(77)] "Weak cider" means any fermented fruit-based beverage containing more than 27-UNOFFICIAL COPY 26 RS BR 44-Page 31 of 111-XXXX 2/9/2026 2:54 PM Jacketed-one percent (1%) but less than seven percent (7%) alcohol by volume; 1-(79)[(78)] "Wet" means a territory in which a majority of the electorate voted to permit 2-all forms of retail alcoholic beverage sales by a local option election under KRS 3-242.050 or 242.125 on the following question: "Are you in f avor of the sale of 4-alcoholic beverages in (name of territory)?"; 5-(80)[(79)] "Wholesale sale" means a sale to any person for the purpose of resale; 6-(81)[(80)] "Wholesaler" means any person who distributes alcoholic beverages for the 7-purpose of being sold at retail, but it shall not include a subsidiary of a 8-manufacturer or cooperative of a retail outlet; 9-(82) (a)[(81)] "Wine" means the product of the normal alco holic fermentation of the 10-juices of fruits, with the usual processes of manufacture and normal additions, 11-and includes champagne and sparkling and fortified wine of an alcoholic 12-content not to exceed twenty-four percent (24%) by volume. 13-(b) "Wine"[It] includes: 14-1. Sake, cider, hard cider, and perry cider; and[ also includes] 15-2. Preparations or mixtures vended in retail containers if these preparations 16-or mixtures contain not more than fifteen percent (15%) of alcohol by 17-volume.[ It] 18-(c) "Wine" does not include weak cider; and 19-(83)[(82)] "Winery" means any place or premises in which wine is manufactured from 20-any fruit, or brandies are distilled as a by -product of wine or other fruit, or cordials 21-are compounded, except a place or premises that manufactures wine for sacramental 22-purposes exclusively. 23-Section 7. KRS 241.069 is amended to read as follows: 24-(1) Any city, including any city located in a wet or dry county, county, or urban -county 25-government may petition the board: 26-(a) For an increase in the number of quota retail package licenses available in its 27-UNOFFICIAL COPY 26 RS BR 44-Page 32 of 111-XXXX 2/9/2026 2:54 PM Jacketed-jurisdiction; or 1-(b) For an increase in the number o f quota retail package licenses available in the 2-county, if the number of quota retail package licenses is governed by KRS 3-241.066. 4- A request for an increase shall not exceed the ratio of one (1) per every one 5-thousand five hundred (1,500) residents. 6-(2) The board shall consider the following factors when deciding whether to grant the 7-increase: 8-(a) Population served by the city, county, or urban-county government; 9-(b) Estimated total retail sales of the city, county, or urban-county government for 10-the most recent past fiscal year; 11-(c) Estimated retail sales per capita for the most recent past fiscal year; 12-(d) Estimated total alcohol sales in the city, county, or urban -county government 13-for the most recent past fiscal year; 14-(e) Tourist destinations in the area, if applicable; and 15-(f) Other economic and commercial data offered to show the capacity to support 16-additional licenses. 17-(3) The board shall grant the request if the information supplied supports the requested 18-increase[, and shall begin the process of fi ling an amendment to its administrative 19-regulation to register the increase. Additional licenses shall not be issued until the 20-administrative regulation process is complete and the amendment is adopted]. 21-(4) If the board determines the information supplied does not support a quota increase, 22-it shall notify the city, county, or urban -county government of its decision by 23-registered mail at the address given in the request. The city, county, or urban-county 24-government shall have thirty (30) days from the date of the mailing to file a written 25-request for a hearing before the board regarding its request for an increase. 26-Section 8. KRS 243.020 is amended to read as follows: 27-UNOFFICIAL COPY 26 RS BR 44-Page 33 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(1) A person shall not do any act authorized by any kin d of license with respect to the 1-manufacture, storage, sale, purchase, transporting, or other traffic in alcoholic 2-beverages or the distribution, retail sale, or transportation of cannabis -infused 3-beverages unless the person holds or is an independent contractor, agent, servant, or 4-employee of a person who holds the kind of license that authorizes the act, or is a 5-third party utilized by a direct shipper licensee as set forth in KRS 243.027. 6-(2) The holding of any permit from the United States government to traffic in alcoholic 7-beverages without the corresponding requisite state and local licenses shall in all 8-cases raise a rebuttable presumption that the holder of the United States permit is 9-unlawfully trafficking in alcoholic beverages. 10-(3) Except as permi tted by KRS 243.033, 243.036, 243.155, 243.157, and 243.260, a 11-person, conducting a place of business patronized by the public, who is not a 12-licensee authorized to sell alcoholic beverages, shall not permit any person to sell, 13-barter, loan, give away, or drink alcoholic beverages on the premises of the place of 14-business. 15-(4) A licensee shall not permit any consumer to possess, give away, or drink alcoholic 16-beverages or cannabis -infused beverages on the licensed premises that are not 17-purchased from the licensee. 18-(5) In a moist territory, the only types of licenses that may be i ssued are those that 19-directly correspond with the types of sales approved by the voters through moist 20-elections within the territory, unless otherwise specifically authorized by statute. 21-(6) If a licensee holds two (2) or more licenses, only the specific l icense for which the 22-licensee has violated the terms shall be subject to suspension or revocation. 23-(7) Notwithstanding subsections (3) and (4) of this section, with the written permission 24-of a licensed entertainment destination center: 25-(a) A retail drink l icensee located wholly within a licensed entertainment 26-destination center or that has a storefront sharing a physical boundary with 27-UNOFFICIAL COPY 26 RS BR 44-Page 34 of 111-XXXX 2/9/2026 2:54 PM Jacketed-that licensed entertainment destination center may allow persons on the 1-licensee's premises to possess and drink alcoholic b everages that were 2-purchased from another retail drink licensee located wholly within, or that has 3-a storefront sharing a physical boundary with, the licensed entertainment 4-destination center; and 5-(b) A nonlicensed place of business that is located wholly within a licensed 6-entertainment destination center or that has a storefront sharing a physical 7-boundary with that licensed entertainment destination center may allow 8-persons on its property to possess and drink alcoholic beverages that were 9-purchased from a retail drink licensee located wholly within, or that has a 10-storefront sharing a physical boundary with, the licensed entertainment 11-destination center. 12-Section 9. KRS 243.030 is amended to read as follows: 13-The following licenses that authorize traffic in distilled spirits and wine and in cannabis -14-infused beverages may be issued by the distilled spirits administrator. Licenses that 15-authorize traffic in all alcoholic beverages may be issued by both the distilled spirits 16-administrator and malt beverages administrator. The licenses and their accompanying 17-fees are as follows: 18-(1) Distiller's license: 19- (a) Class A, per annum .......................................................... $2,980.00[$3,090.00] 20- (b) Class B (craft distillery), per annum .................................... $890.00[$1,000.00] 21- (c) Off-premises retail sales outlet, per annum ............................................$300.00 22-(2) Rectifier's license: 23- (a) Class A, per annum .............................................................................$2,580.00 24- (b) Class B (craft rectifier), per annum ........................................................$825.00 25-(3) Winery license, per annum ..........................................................................$1,030.00 26-(4) Small farm winery license, per annum ...........................................................$110.00 27-UNOFFICIAL COPY 26 RS BR 44-Page 35 of 111-XXXX 2/9/2026 2:54 PM Jacketed- (a) Small farm winery off-premises retail license, per annum ......................$30.00 1-(5) Wholesaler's license, per annum ..................................................................$2,060.00 2-(6) Quota retail package license, per annum .........................................................$570.00 3-(7) Quota retail drink license, per annum ..............................................................$620.00 4-(8) Transporter's license, per annum ....................................................................$210.00 5-(9) Special nonbeverage alcohol license, per annum .............................................$60.00 6-(10) Special agent's or solicitor's license, per annum ...............................................$30.00 7-(11) Bottling house or bottling house storage license, per annum ......... .............$1,030.00 8-(12) Special temporary license, per event ..............................................................$100.00 9-(13) Special Sunday retail drink license, per annum ...............................................$520.00 10-(14) Caterer's license, per annum ...........................................................................$830.00 11-(15) Special temporary alcoholic beverage auction license, per event ...................$100.00 12-(16) Extended hours supplemental license, per annum .......................................$2,060.00 13-(17) Hotel in-room license, per annum ...................................................................$210.00 14-(18) Air transporter license, per annum ..................................................................$520.00 15-(19) Sampling license, per annum ...........................................................................$110.00 16-(20) Replacement or duplicate license ......................................................................$25.00 17-(21) Entertainment destination center license: 18- (a) When the licensee is a city, county, urban-county government, 19- consolidated local government, charter county government, or 20- unified local government, per annum .................................................$2,577.00 21- (b) All other licensees, per annum ............................................................$7,730.00 22-(22) Limited restaurant license, per annum .............................................................$780.00 23-(23) Limited golf course license, per annum ...........................................................$720.00 24-(24) Small farm winery wholesaler's license, per annum .......................................$110.00 25-(25) Qualified historic site license, per annum ....................................................$1,030.00 26-(26) Nonquota type 1 license, per annum ........................ ...................................$4,120.00 27-UNOFFICIAL COPY 26 RS BR 44-Page 36 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(27) Nonquota type 2 license, per annum ................................................................$830.00 1-(28) Nonquota type 3 license, per annum ................................................................$310.00 2-(29) Distilled spirits and wine storage license, per annum ..................................$620.00 3-(30) Out-of-state distilled spirits and wine supplier's license, per annum ...........$1,550.00 4-(31) Limited out-of-state distilled spirits and wine supplier's 5-license, per annum ..........................................................................................$260.00 6-(32) Authorized public consumption license, per annum ........................................$250.00 7-(33) Direct shipper Type A license, per annum.......................................................$100.00 8-(34) Limited nonquota package license, per annum ................................................$300.00 9-(35) Vintage distilled spirits license, per annum .....................................................$300.00 10-(36) Cannabis-infused beverage retail package license, per annum .....................$2,000.00 11-(37) Cannabis-infused beverage distributor's license, per annum ........................$1,000.00 12-(38) Cannabis-infused beverage distributor's license, 13- supplemental, per annum ..............................................................................$1,000.00 14-(39) Direct shipper Type B license, per annum ....................................................$1,000.00 15-(40) Souvenir package sales license, per annum ...................................................$110.00 16-(41) A nonrefundable fee of sixty dollars ($60) shall be charged to process each new 17-transitional license pursuant to KRS 243.045. 18-(42)[(41)] Other special licenses th e board finds necessary for the proper regulation and 19-control of the traffic in distilled spirits and wine and provides for by administrative 20-regulation. In establishing the amount of license taxes that are required to be fixed 21-by the board, it shall have regard for the value of the privilege granted. 22-(43)[(42)] The fee for each of the first five (5) supplemental bar licenses shall be the 23-same as the fee for the primary retail drink license. There shall be no charge for 24-each supplemental license issued in e xcess of five (5) to the same licensee at the 25-same premises. 26-A nonrefundable application fee of fifty dollars ($50) shall be charged to process each 27-UNOFFICIAL COPY 26 RS BR 44-Page 37 of 111-XXXX 2/9/2026 2:54 PM Jacketed-new application under this section, except for subsections (4), (8), (9), (10), (12), (15), 1-(19), and (20) of this section. The application fee shall be applied to the licensing fee if 2-the license is issued; otherwise it shall be retained by the department. 3-Section 10. KRS 243.0305 is amended to read as follows: 4-(1) Any licensed Kentucky distiller that is located in wet territory or in any precinct 5-that has authorized the limited sale of alcoholic beverages at distilleries under KRS 6-242.1243 and that has a gift shop or other retail outlet on its premises may conduct 7-the activities permitted under this section as a part of its distiller's license. 8-(2) (a) For purposes of all retail drink and package sales that occur pursuant to 9-subsection (3), (4), (7), (9), (10), (12), or (13) of this section, the distillery 10-shall: 11-1. Be permit ted to transfer its products from the distillery proper to the 12-location where those retail sales occur without having to transfer 13-physical possession of those distilled spirits to a licensed wholesaler; 14-and 15-2. Without otherwise reporting those distilled sp irits to a licensed 16-wholesaler, report those retail sales and pay all taxes required to the 17-Department of Revenue at the time and in the manner required by the 18-Department of Revenue in accordance with its powers under KRS 19-131.130(3). 20-(b)[ 1.] A distiller s elling distilled spirits in accordance with this 21-subsection shall pay all state regulatory license fees [wholesale sales 22-taxes] due under Sections 1 and 2 of this Act [KRS 243.884] . For the 23-purposes of this subsection, "selling"["wholesale sales"] means a sa le 24-of distilled spirits made by a distiller under subsection (3)(b), (4), (7), 25-(9), (10), (12), and (13) of this section, if required by Section 1 or 26-Section 2 of this Act [KRS 243.884], excluding sales made by a distiller 27-UNOFFICIAL COPY 26 RS BR 44-Page 38 of 111-XXXX 2/9/2026 2:54 PM Jacketed-under subsection (4)(a)3. and (b) of this section that utilize a licensed 1-wholesaler.[ 2-2. A distiller shall pay the excise tax on distilled spirits in accordance with 3-KRS 243.720 and 243.730.] 4-(c) All other distilled spirits that are produced by the distillery shall be sold and 5-physically transferred in compliance with all other relevant provisions of KRS 6-Chapters 241 to 244. 7-(3) If a distiller holds a souvenir package sales license, it may sell its own private 8-selection packages and souvenir packages at retail: 9-(a) To consumers in accordance with KRS 243.027 to 243.029 if it holds a direct 10-shipper license; and 11-(b) To distillery visitors of legal drinking age, in quantities not to exceed an 12-aggregate of nine (9) liters per purchaser per day. 13-(4) If a distiller holds a souvenir package sales license, it may conduct private 14-selection events and sell private selection packages at retail, as follows: 15-(a) Distillers may sell private selection packages to consumers who participated 16-in a private selection event only by: 17-1. Shipping the private selec tion packages in accordance with KRS 18-243.027 to 243.029 if the distiller holds a direct shipper license, but 19-these sales and shipments shall be exempt from the quantity limitations 20-established in KRS 243.028(1); 21-2. Selling the private selection packages to the participating consumers 22-directly from the distillery premises, but these sales shall be exempt 23-from the quantity limitations established in subsection (3)(b) of this 24-section; or 25-3. Selling the private selection packages through a wholesaler and to a 26-licensed retailer of the consumer's choice. The distillery and 27-UNOFFICIAL COPY 26 RS BR 44-Page 39 of 111-XXXX 2/9/2026 2:54 PM Jacketed-wholesaler's cooperation in facilitating the sale of the private selection 1-packages to the retailer of the consumer's choice shall not be deemed a 2-violation of KRS 244.240. 3-(b) Except as provided in KRS 243.036, distillers may sell private selection 4-packages to retail licensees that participated in a private selection event only 5-through a licensed wholesaler. 6-(c) A distillery shall make available for purch ase not less than seventy percent 7-(70%) of its annual private selection packages to licensed wholesalers and 8-shall maintain records of such transactions in accordance with KRS 244.150. 9-(d) Distillers may sell private selection packages to wine and distille d spirits 10-wholesalers, malt beverage distributors, and microbreweries that hold a quota 11-retail drink or quota retail package license that participated in a private 12-selection event if the private selection packages resulting from the event are 13-sold only through a licensed retailer. 14-(5) Hours of sale for souvenir packages sold at retail and private selection packages 15-sold at retail shall be in conformity with KRS 244.290(3). 16-(6) Except as provided in this section, souvenir package and private selection packag e 17-sales to distillery visitors shall be governed by all the statutes and administrative 18-regulations governing the retail sale of distilled spirits by the package. 19-(7) Souvenir packages sold to distillery visitors under subsection (3)(b) of this section, 20-which are not made available to wholesalers licensed in Kentucky or elsewhere, 21-shall be registered by the licensed distiller with the department and shall be sold 22-exclusively to in-person distillery visitors in quantities not to exceed three (3) liters 23-per person per day. 24-(8) Notwithstanding any provision of KRS 244.050 to the contrary, a distillery holding 25-a sampling license may allow visitors to sample distilled spirits under the following 26-conditions: 27-UNOFFICIAL COPY 26 RS BR 44-Page 40 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(a) Sampling shall be permitted only on the licensed pre mises during regular 1-business hours; 2-(b) A distillery shall not charge for the samples; and 3-(c) A distillery shall not provide more than one and three -fourths (1-3/4) ounces 4-of samples per visitor per day, except in connection with a private selection 5-event. 6-(9) Notwithstanding the provisions of KRS 243.110, in accordance with this section, a 7-distillery located in wet territory or in any territory that has authorized the limited 8-sale of alcoholic beverages under an election held pursuant to KRS 242.1243 may: 9-(a) Hold an NQ2 retail drink license for the sale of alcoholic beverages on the 10-distillery premises; and 11-(b) Employ persons to engage in the sale or service of alcohol under an NQ2 12-license, if each employee completes the department's Server Training in 13-Alcohol Regulations program within thirty (30) days of beginning 14-employment. 15-(10) A distiller may sell to consumers at fairs, festivals, and other similar types of events 16-located in wet territory. A distiller may: 17-(a) Sell alcoholic beverages by the drink, containing spirits distilled or bottled on 18-the premises of the distillery; 19-(b) Sell by the package in quantities not to exceed nine (9) liters per person, per 20-day; and 21-(c) Serve complimentary samples not to exceed one and three -fourths (1 -3/4) 22-ounces per person, per day. 23-(11) A distiller may offer for sale in its gift shop products that were produced in 24-collaboration with a brewer or microbrewer, except that: 25-(a) These packages shall not be exclusive to the distiller's gift shop; and 26-(b) The distiller shall purchase the jointly branded souvenir package only from a 27-UNOFFICIAL COPY 26 RS BR 44-Page 41 of 111-XXXX 2/9/2026 2:54 PM Jacketed-licensed malt beverage distributor or a microbrewery pursuant to KRS 1-243.157(1)(f). A microbrewery selling and delivering the jointly branded 2-souvenir package directly to a distiller under this sub section shall provide 3-notice to the distributor of any self -distribution delivery by electronic or other 4-means. 5-(12) (a) A distiller that holds a Class B distiller's license but does not hold a Class A 6-distiller's license under KRS 243.030 may sell and del iver to any licensed 7-retailer up to five thousand (5,000) gallons of distilled spirits annually, sold 8-under a brand name owned or exclusively licensed to the distillery, provided 9-the distilled spirits were: 10-1. Produced by the distillery; 11-2. Produced for the distillery under a written contract with another licensed 12-manufacturer; or 13-3. Bottled for or by the distillery. 14-(b) Any products sold and delivered under this subsection that are not otherwise 15-registered by a licensed wholesaler shall be registered by the distillery with 16-the department. 17-(c) Any products sold and delivered under this subsection shall be delivered by 18-the distillery in vehicles owned and operated by the distillery, displaying the 19-distillery's name and license number. 20-(d) The distillery is responsible for payment of all applicable taxes and reporting 21-of self-distributed distilled spirits. 22-(e) The distillery may extend credit on distilled spirits sold to retail licensees for a 23-period not to exceed thirty (30) days from the date of invoice, with the date of 24-invoice included in the total number of days. 25-(f) A distillery shall report self-distribution sales under this subsection as follows: 26-1. For a sale of in excess of nine (9) liters to any given retailer on any 27-UNOFFICIAL COPY 26 RS BR 44-Page 42 of 111-XXXX 2/9/2026 2:54 PM Jacketed-given day, the distillery shall provide at least twenty -four (24) hours 1-advance written or electronic notice to wholesalers that have an existing 2-business relationship with the distillery and that distribute the products 3-the distillery is self-distributing. If advance notice is not practicable, the 4-distillery shall notify the wholesaler within one (1) business day of 5-delivery; 6-2. A distillery shall submit a quarterly report of its self -distribution sales 7-under this subsection to wholesalers that have an existing business 8-relationship with the distillery and that distribute the products the 9-distillery is self-distributing. The quarterly report shall describe the type, 10-quantity, and price of the product that was self -distributed, the retail 11-delivery location, and the date of delivery of the self-distribution sales in 12-the most recently completed quarter preceding the due date of the report; 13-and 14-3. Each distillery engaging in self -distribution sales under this subsection 15-shall report to the department the total number of gallons self-distributed 16-annually at the time of the renewal of its Class B distiller's license. 17-(13) A distiller that sells souvenir packages and serves complimentary samples in 18-accordance with this section at any of its licensed premises may, for each such 19-premises, maintain one (1) separately licensed off -premises retail sales outlet and 20-engage in the activities and hold the licenses authorize d in subsections (3), (4), (8), 21-(9), (11), and (12) of this section if the off -premises retail sales outlet premises are 22-located in wet territory or in a precinct that has authorized alcoholic beverage sales 23-by the distillery under KRS 242.1243. The distil ler shall pay the fee required under 24-KRS 243.030 for each off-premises retail sales outlet it maintains. 25-(14) Except as expressly stated in this section, this section does not exempt the holder of 26-a distiller's license from: 27-UNOFFICIAL COPY 26 RS BR 44-Page 43 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(a) The provisions of KRS Chapters 241 to 244; 1-(b) The administrative regulations of the board;[ and] 2-(c) Regulation by the board at all the distiller's licensed premises; and 3-(d) The state regulatory license fees imposed by Sections 1 and 2 of this Act. 4-(15) A distiller shall only sell souvenir packages pursuant to this section if it also 5-holds a souvenir package sales license. 6-(16) Nothing in this section shall be construed to vit iate the policy of this 7-Commonwealth supporting an orderly three (3) tier system for the production and 8-sale of alcoholic beverages. 9-(17) A distiller may permit leashed dogs on its premises, consistent with any applicable 10-health or safety codes. 11-Section 11. KRS 243.033 is amended to read as follows: 12-(1) A caterer's license may be issued as a supplementary license to a caterer that holds a 13-quota retail package license, a quota retail drink license, an NQ1 license, an NQ2 14-license, or a limited restaurant license. 15-(2) The caterer's license may be issued as a primary license to a caterer in any wet 16-territory or in any moist territory under KRS 242.1244 for the premises that serves 17-as the caterer's commissary and designated ban quet hall. A[No] primary caterer's 18-license shall not authorize alcoholic beverage sales at a premises that operates as a 19-restaurant. The alcoholic beverage stock of the caterer shall be kept under lock and 20-key at the licensed premises during the time that the alcoholic beverages are not 21-being used in conjunction with a catered function. 22-(3) The caterer's license shall authorize the caterer to: 23-(a) Purchase and store alcoholic beverages in the manner prescribed in KRS 24-243.088, 243.250, and 244.260; 25-(b) Transport, sell, serve, and deliver alcoholic beverages by the drink at locations 26-away from the licensed premises or at the caterer's designated banquet hall in 27-UNOFFICIAL COPY 26 RS BR 44-Page 44 of 111-XXXX 2/9/2026 2:54 PM Jacketed-conjunction with the catering of food and alcoholic beverages for a customer 1-and the customer's guests, in: 2-1. Cities and counties established as moist territory under KRS 242.1244 if 3-the receipts from the catering of food at any catered event are at least 4-seventy percent (70%) of the gross receipts from the catering of both 5-food and alcoholic beverages; 6-2. Precincts established as moist territory if the receipts from the catering 7-of food at any catered event are at least ten percent (10%) of the gross 8-receipts from the catering of both food and alcoholic beverages. This 9-subparagraph shall supersede any c onflicting provisions of KRS 10-Chapters 241 to 244; 11-3. Wet cities and counties in which quota retail drink licenses are not 12-available if the receipts from the catering of food at any catered event 13-are at least fifty percent (50%) of the gross receipts from t he catering of 14-both food and alcoholic beverages; or 15-4. All other wet territory if the receipts from the catering of food at any 16-catered event are at least thirty -five percent (35%) of the gross receipts 17-from the catering of both food and alcoholic beverages; 18-(c) Receive and fill telephone orders for alcoholic beverages in conjunction with 19-the ordering of food for a catered event; and 20-(d) Receive payment for alcoholic beverages served at a catered event on a by -21-the-drink, cash bar, or by -the-event basis. The caterer may bill the customer 22-for by -the-function sale s of alcoholic beverages in the usual course of the 23-caterer's business. 24-(4) A caterer licensee shall not cater alcoholic beverages at locations for which retail 25-alcoholic beverage licenses or special temporary licenses have been issued. A 26-caterer licensee may cater a charitable or nonprofit fundraising event or a state or 27-UNOFFICIAL COPY 26 RS BR 44-Page 45 of 111-XXXX 2/9/2026 2:54 PM Jacketed-national conference for which a special temporary alcoholic beverage auction 1-license has been issued under KRS 243.036. 2-(5) A caterer licensee shall not cater alcoholic beverages on Sunday except in territory 3-in which the Sunday sale of alcoholic beverages is permitted under the provisions 4-of KRS 244.290 and 244.480. 5-(6) The location at which alcoholic beverages are sold, served, and delivered by a 6-caterer, pursuant to this section, shall not constitute a public place for the purpose of 7-KRS Chapter 222. If the location is a multi -unit structure, only the unit or units at 8-which the function being catered is held shall be excluded from the public place 9-provisions of KRS Chapter 222. 10-(7) The ca terer licensee shall post a copy of the licensee's caterer's license at the 11-location of the function for which alcoholic beverages are catered. 12-(8) All restrictions and prohibitions applying to a quota retail drink licensee and an 13-NQ4 retail malt beverage drink licensee not inconsistent with this section shall 14-apply to the caterer licensee. 15-(9) The caterer licensee shall maintain records as set forth in KRS 244.150 and in 16-administrative regulations promulgated by the board. 17-(10) Notwithstanding subsection ( 3)(b) of this section, a caterer may serve alcoholic 18-beverages to guests who are twenty-one (21) years of age or older at a private event 19-in dry territory if: 20-(a) The alcoholic beverages were lawfully purchased in a wet or moist territory: 21-1. By an individual; or 22-2. At the caterer's licensed premises in wet or moist territory; and 23-(b) The alcoholic beverages are not sold in dry territory to guests at the private 24-residence or private event regardless of whether the venue is a public place. 25-Section 12. KRS 243.036 is amended to read as follows: 26-(1) A special temporary alcoholic beverage auction license may be issued to: 27-UNOFFICIAL COPY 26 RS BR 44-Page 46 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(a) An auctioneer licensed under KRS Chapter 330;[ or to ] 1-(b) A charitable organization;[ or ] 2-(c) A nonprofit organization; or 3-(d) The organizer or sponsor of a state or national conference. 4-(2) A special temporary alcoholic beverage auction license issued to a charitable or 5-nonprofit organization or to the organizer or sponsor of a state or national 6-conference shall authorize the holder to: 7-(a) Purchase, transport, receive, possess, store, sell, and deliver alcoholic 8-beverages by the package or by the drink to be sold by auction or raffle or 9-given away or served or consumed at charity or nonprofit events or at state or 10-national conferences; 11-(b) Purchase, transport, receive, possess, store, sell, and deliver limited specially 12-labeled bottles of alcoholic beverages to be sold or given away at charity or 13-nonprofit events or state or national conferences; 14-(c) Obtain alcoholic beverages from distillers, rectifiers, wineries, small farm 15-wineries, brewers, microbreweries, wholesalers, distributors, retailers, or any 16-other person, by gift or donation, for the purpose of charity or nonprofit 17-events or state or national conferences; and 18-(d) Receive payment for alcoholic beverages sold at events. 19-(3) For a charitable or nonprofit organization or a state or national conference -20-sponsored auction: 21-(a) Each alcoholic beverage auction or raffle [ conducted by a charitable 22-organization] shall be subject to all restrictions and limitations contained in 23-KRS Chapters 241 to 244 and the administrative regulations issued under 24-those chapters and shall be authori zed only on the days and only during the 25-hours that the sale of alcoholic beverages is otherwise authorized in the 26-county or municipality; and 27-UNOFFICIAL COPY 26 RS BR 44-Page 47 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(b) The location at which the alcoholic beverages are auctioned, raffled, or 1-consumed under this section shall not constitute a public place for the purpose 2-of KRS Chapter 222. Charitable ,[ or] nonprofit, or state or national 3-conference-sponsored events may be conducted on licensed or unlicensed 4-premises. The [ charitable] organization possessing a special temporary 5-alcoholic beverage auction license shall post a copy of the license at the 6-location of the event. 7-(4) An auctioneer holding a special temporary alcoholic beverage auction license may: 8-(a) Transport, receive, possess, store, advertise, auction, sell, deliver, and ship 9-alcoholic beverages either sold or intended for sale at auction by the licensee; 10-(b) Sell only alcoholic beverages at auction that: 11-1. Were previously lawfully sold at retail; and 12-2. Are in their original manufacturer's unopened container; 13-(c) Deliver and ship any alcoholic beverages sold at an auction directly to the 14-consumer who purchased the alcoholic beverages. Any shipme nt to a 15-consumer outside of this state is subject to all applicable laws of the 16-jurisdiction in which that consumer is located. When shipping alcoholic 17-beverages directly to a consumer in this state, the auctioneer holder of the 18-license shall: 19-1. Ensure that the shipping label on each container containing the alcoholic 20-beverages conspicuously states the following: "CONTAINS 21-ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER 22-REQUIRED FOR DELIVERY"; 23-2. Obtain the signature of a person who is at least twenty -one (21) years of 24-age at the delivery address prior to delivery, after requiring that person 25-to demonstrate that he or she is at least twenty -one (21) years of age by 26-providing a valid identification document; and 27-UNOFFICIAL COPY 26 RS BR 44-Page 48 of 111-XXXX 2/9/2026 2:54 PM Jacketed-3. Not ship the alcoholic beverages to any addres s in this state located in 1-dry territory; and 2-(d) Conduct the auction on premises licensed by the department, unlicensed 3-premises, or online. 4-(5) A special temporary alcoholic beverage auction conducted by an auctioneer shall 5-be: 6-(a) Subject to all restric tions and limitations contained in KRS Chapters 241 to 7-244 and the administrative regulations issued under those chapters; 8-(b) Separate from any other type of alcoholic beverage auction authorized under 9-KRS Chapters 241 to 244, but may be combined with oth er types of auctions 10-authorized under KRS Chapter 330; 11-(c) Authorized for in-person live auctions and online auction closings only on the 12-days and only during the hours that the sale of alcoholic beverages is 13-otherwise authorized in the county or municipal ity where the live auction is 14-held or, for an online auction, the physical location of the alcoholic beverages 15-being sold; and 16-(d) Subject to the auction and auctioneer requirements of KRS Chapter 330. 17-(6) An auctioneer conducting a special temporary alcoholic beverage auction shall: 18-(a) Post a copy of its special temporary alcoholic beverage auction license and 19-auctioneer license at the location of the event for in -person auctions and on 20-the auction website for online auctions; and 21-(b) Not hold any other type of alcoholic beverage license. 22-(7) Alcoholic beverages shall only be sold by an auctioneer under a special temporary 23-alcoholic beverage auction license if the alcoholic beverages were not purchased or 24-attained for the purpose of resale at auction and in the following circumstances: 25-(a) As an "Estate Auction," or included in such auction where the alcoholic 26-beverages being offered at auction are the property belonging to the estate of 27-UNOFFICIAL COPY 26 RS BR 44-Page 49 of 111-XXXX 2/9/2026 2:54 PM Jacketed-one (1) or more deceased persons and are being offered by: 1-1. The direction and authority of the authorized executor or administrator; 2-2. Court order; or 3-3. The direction or on behalf of a surviving spouse or direct heirs; 4-(b) As a "Living Estate Auction" or "Downsizing Auction" or included in such 5-auction where the alcohol ic beverages being offered at auction are the 6-property belonging to a person or persons of a household that is in transition 7-due to one (1) of the following life-changing situations: 8-1. One (1) or more members of the household moving into a retirement 9-home, nursing home, assisted living home, or a smaller residence; or 10-2. Combining one (1) household with another; or 11-(c) As a partial or comp lete disbursement of an alcoholic beverage collection 12-consisting of more than one (1) package that has been collected by the same 13-individual or household. An individual or household shall not sell collections 14-at auction more than once every three (3) years. 15-(8) (a) A person shall not purchase alcoholic beverages from an auctioneer at a 16-special temporary alcoholic beverage auction unless that person may lawfully 17-receive or possess the alcoholic beverages. 18-(b) Nothing in this section shall prevent a vintage d istilled spirits licensee from 19-purchasing alcoholic beverages at auction if the alcoholic beverages qualify as 20-vintage distilled spirits. 21-(9) All advertising for an auctioneer special temporary alcoholic beverage auction 22-shall: 23-(a) Show the name and licens e number for the special temporary alcoholic 24-beverage auction license and the auctioneer license; and 25-(b) Conform to all advertising requirements and restrictions for auctions 26-contained in KRS Chapter 330 and any administrative regulations 27-UNOFFICIAL COPY 26 RS BR 44-Page 50 of 111-XXXX 2/9/2026 2:54 PM Jacketed-promulgated under that chapter. 1-(10) If a person ceases to be licensed as an auctioneer under KRS Chapter 330, the 2-person's special temporary alcoholic beverage auction license shall be automatically 3-suspended until the person reestablishes licensure as an auctioneer. 4-(11) An auctioneer holding a special temporary alcoholic beverage auction license shall 5-file a quarterly report with the department, which shall be established and 6-maintained by the department, utilizing a form prescribed by the department that 7-includes the following information: 8-(a) The number of alcoholic beverage packages auctioned in the preceding three 9-(3) months in total, with each purchase matched to the individuals who both 10-sold and purchased the alcoholic beverages; 11-(b) The date of each purchase; 12-(c) The name, address, and phone number of each individual who sold and 13-purchased the alcoholic beverages; 14-(d) A detailed description of the alcoholic beverages purchased, including the 15-brand name, number of packages, and the size of the packages; and 16-(e) Whether each alcoholic beverage package was purchased in -person, delivered 17-in-person, or shipped. 18-(12) A special temporary alcoholic beverage auction license shall not be issued for any 19-period longer than thirty (30) days. 20-(13) Notwithstanding any other provis ion of KRS Chapters 241 to 244, a distiller, 21-rectifier, winery, small farm winery, brewer, microbrewery, wholesaler, distributor, 22-or retailer may donate, give away, or deliver any of its products to a charitable or 23-nonprofit organization or the organizer o r sponsor of a state or national 24-conference possessing a special temporary alcoholic beverage auction license under 25-this section. 26-(14) All restrictions and prohibitions applying to an alcoholic beverage retail package 27-UNOFFICIAL COPY 26 RS BR 44-Page 51 of 111-XXXX 2/9/2026 2:54 PM Jacketed-and alcoholic beverage by the drink li cense, not inconsistent with this section, shall 1-apply to a special temporary alcoholic beverage auction license. 2-Section 13. KRS 243.039 is amended to read as follows: 3-(1) A limited golf course license may be issued to an establishment that is a nine (9) or 4-an eighteen (18) hole golf course that meets United States Golf Association criteria 5-as a regulation golf course as long as the establishment is within: 6-(a) Any wet territory;[ or] 7-(b) Any territory where the sale of alcoholic beverages is lawful; or 8-(c) Any moist precinct that has specifically authorized the sale of distilled spirits, 9-wine, and malt beverages at that establishment under KRS 242.123. 10-(2) A limited golf course license shall authorize the licensee to pur chase, receive, 11-possess, and sell distilled spirits, wine, and malt beverages at retail by the drink for 12-consumption on the licensed premises. The licensee shall purchase distilled spirits, 13-wine, and malt beverages only from licensed wholesalers or distrib utors. The 14-license shall not authorize the licensee to sell distilled spirits, wine, and malt 15-beverages by the package. 16-Section 14. KRS 243.040 is amended to read as follows: 17-The following kinds of malt beverage licenses may be issued by the malt beverages 18-administrator, the fees for which shall be: 19-(1) Brewer's license, per annum ........................................................................$2,580.00 20-(2) Microbrewery license, per annum ...................................................................$520.00 21-(3) Distributor's license, per annum ......................................................................$520.00 22-(4) Nonquota retail malt beverage package license, per annum ............ $570.00[$210.00] 23-(5) Out-of-state malt beverage supplier's license, 24- per annum ....................................................................................................$1,550.00 25-(6) Malt beverage storage license, per annum ......................................................$260.00 26-(7) Replacement or duplicate license, per annum ...................................................$25.00 27-UNOFFICIAL COPY 26 RS BR 44-Page 52 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(8) Limited out-of-state malt beverage supplier's license, 1- per annum .......................................................................................................$260.00 2-(9) Nonquota type 4 malt beverage drink license, 3- per annum .......................................................................................................$210.00 4-(10) Direct shipper Type A license, per annum.......................................................$100.00 5-(11) The holder of a nonquota retail malt beverage package license may obtain a 6-Nonquota type 4 malt beverage drink license for a fee of fifty dollars ($50). The 7-holder of a Nonquota type 4 malt beverage drink license may obtain a nonquota 8-retail malt beverage package license for a fee of fifty dollars ($50). 9-(12) A nonrefundable fee of sixty dollars ($60) shall be charged to process each new 10-transitional license pursuant to KRS 243.045. 11-(13) Other special licenses as the state board finds to be necessary for th e administration 12-of KRS Chapters 241 to 244 and for the proper regulation and control of the 13-trafficking in malt beverages, as provided for by administrative regulations 14-promulgated by the state board. 15-A nonrefundable application fee of fifty dollars ($50) shall be charged to process each 16-new application for a license under this section. The application fee shall be applied to 17-the licensing fee if the license is issued, or otherwise the fee shall be retained by the 18-department. 19-Section 15. KRS 243.042 is amended to read as follows: 20-(1) A qualified historic site license may be issued to any establishment meeting the 21-criteria established in KRS 241.010 as long as the establishment is within: 22-(a) Any wet territory; or 23-(b) Any precinct that has authorized the sale of alcoholic beverages under KRS 24-242.1242. 25-(2) A qualified historic site license shall authorize the licensee to: 26-(a) Sell alcoholic beverages by the drink at one (1) or more permanent or 27-UNOFFICIAL COPY 26 RS BR 44-Page 53 of 111-XXXX 2/9/2026 2:54 PM Jacketed-nonpermanent locations on the premises over which the licensee, by lease or 1-ownership, has exclusive control without obtaining additional supplemental 2-bar licenses prescribed by KRS 243.037; 3-(b) Sell alcoholic beverages by the drink to patrons at public or private functions 4-held on the premises;[ and] 5-(c) Sell alcoholic beverages by the package under a limited nonquota package 6-license to patrons at public or private functions held on the premises in a 7-jurisdiction that has authorized the sale of distilled spirits and wine by the 8-package; and 9-(d) Purchase and store alcoholic beverages in the manner prescribed in KRS 10-243.088, 243.250, and 244.260. 11-SECTION 16. KRS 243.075 IS REPEALED AND REENACTED TO READ 12-AS FOLLOWS: 13-(1) As used in this section: 14-(a) "City or county" means a city, including a city recognized under KRS 15-67C.111; county; urban -county government; consolidated local 16-government; charter county government; or unified local government; 17-(b) "Gross receipts" has the same meaning as in Section 1 of this Act; and 18-(c) "Regulatory license fee" means a local fee imposed by a city or county 19-pursuant to this section. 20-(2) (a) The legislative body of a city or c ounty may by ordinance impose a 21-regulatory license fee upon the gross receipts of the sale of alcoholic 22-beverages and cannabis -infused beverages of each establishment where 23-alcoholic beverage sales or cannabis-infused beverage sales are lawful. 24-(b) The reg ulatory license fee may be levied at the beginning of each budget 25-period to support local emergency services within the city's or county's 26-jurisdiction or to reimburse the local government for the estimated costs of 27-UNOFFICIAL COPY 26 RS BR 44-Page 54 of 111-XXXX 2/9/2026 2:54 PM Jacketed-any additional policing, regulatory, or administrative expenses related to the 1-sale of alcoholic beverages or cannabis -infused beverages in the city or 2-county. 3-(c) The regulatory license fee shall be in addition to any other taxes, fees, or 4-licenses permitted by law, except: 5-1. A credit against a regulatory license fee shall be allowed in an amount 6-equal to any licenses or fees imposed by the city or county pursuant to 7-KRS 243.060 or 243.070; 8-2. In a county in which the city and county both levy a regulatory license 9-fee, the county license fee sh all only be applicable outside the 10-jurisdictional boundaries of those cities which levy a license fee; and 11-3. In any consolidated local government in which the local regulatory 12-license fee is levied on or after July 1, 2026, and in which there are 13-cities r ecognized under KRS 67C.111 within the jurisdictional 14-boundaries of the consolidated local government which assess a local 15-regulatory license fee as of January 1, 2026, the consolidated local 16-government fee shall only be applicable outside the boundaries o f 17-those cities recognized under KRS 67C.111 that levy a fee. 18-(3) (a) For any election held after one (1) year prior to the effective date of this Act, 19-any new fee authorized by subsection (2) of this section shall be enacted by 20-the city or county no later than one (1) year from the date of the local option 21-election held pursuant to KRS Chapter 242. 22-(b) For any election held one (1) year or more prior to the effective date of this 23-Act, the city or county may enact a regulatory license fee based on that 24-election no later than one (1) year after the effective date of this Act. 25-(4) Subject to the restrictions in subsection (7) of this section, the Alcoholic Beverage 26-Control Board shall promulgate administrative regulations in accordance with 27-UNOFFICIAL COPY 26 RS BR 44-Page 55 of 111-XXXX 2/9/2026 2:54 PM Jacketed-KRS Chapter 13A that set forth the process by which a city or county, in the first 1-year following the discontinuance of prohibition, may estimate any additional 2-emergency services funding within its jurisdiction and policing, regulation, and 3-administrative expenses by a city or county directly and solely related to the 4-discontinuance of prohibition. This subsection shall apply to any discontinuance 5-of prohibition occurring after the promulgation of administrative regulations 6-required by this subsection. 7-(5) (a) The revenue rec eived from the imposition of the regulatory license fee 8-authorized by subsection (2) of this section shall be: 9-1. Deposited into a segregated fund of the city or county; 10-2. Spent only in accordance with the requirements of subsection (2) of 11-this section; and 12-3. Audited in accordance with subsection (6) of this section. 13-(6) (a) By January 1, 2028, the Auditor of Public Accounts shall conduct audits of 14-each local government imposing the regulatory license fee authorized by 15-subsection (2) of this section for a full audit of the segregated fund 16-established in subsection (5) of this section for the most recently completed 17-ten (10) fiscal years. The local government shall retain all documentation 18-relating to the segregated fund for the audited years. 19-(b) If the lo cal government fails to substantially comply with the requirements 20-of this section, the local government shall: 21-1. Forfeit all revenue it collected through the regulatory license fee 22-during the audited years; 23-2. Reimburse the regulatory license fee audit f und established in 24-subsection (10) of this section for the cost of the audit with funds from 25-an account other than the segregated regulatory license fee fund; and 26-3. Be prohibited from imposing the regulatory license fee for ten (10) 27-UNOFFICIAL COPY 26 RS BR 44-Page 56 of 111-XXXX 2/9/2026 2:54 PM Jacketed-years. 1-(c) Any protest or appeal by a local government related to the findings of an 2-audit completed pursuant to paragraph (a) of this subsection shall be 3-conducted within the administrative procedures of the Auditor of Public 4-Accounts. 5-(d) The cost of all audits conducted purs uant to this subsection shall be paid 6-from the regulatory license fee audit fund established in subsection (10) of 7-this section. 8-(e) The Auditor of Public Accounts may contract with other auditing entities to 9-assist in the completion of audits required by this subsection. 10-(7) (a) Any city or county that was authorized to impose the regulatory license fee 11-by this section prior to the effective date of this Act shall: 12-1. Not impose the regulatory license fee at a rate greater than the rate it 13-imposed on January 1, 2026, at any time during the four (4) years 14-after the effective date of this Act; and 15-2. Impose the fee at a rate of no more than three p ercent (3%) within 16-four (4) years after the effective date of this Act. 17-(b) Any city or county that initially begins to impose the regulatory license fee 18-on or after the effective date of this Act shall impose the fee at a rate of no 19-more than one percent (1%). 20-(8) A direct shipper licensee shall be subject to and remit the regulatory license fee 21-imposed by this section as though it were an establishment located in a city or 22-county licensed to sell alcoholic beverages or cannabis -infused beverages. Any 23-regulatory license fee imposed pursuant to this section shall be considered a tax 24-as defined in KRS 243.029. 25-(9) Any city or county imposing a regulatory license fee pursuant to this section shall 26-file with the: 27-UNOFFICIAL COPY 26 RS BR 44-Page 57 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(a) Department a report showing the applicable f ee amount and remittance 1-address for each affected license type in its jurisdiction. Any adoption of this 2-fee or modification of the applicable fee amount or remittance address for 3-each affected licensee shall be reported to the department within thirty (3 0) 4-days of adoption by the city or county imposing the fee. Within twenty (20) 5-days after receipt of the information, the department shall compile and 6-publish the information so that it is readily available to the public; and 7-(b) Department for Local Gover nment an annual report on or before 8-September 30 of each year that shows the actual expenses incurred and paid 9-and the receipts taken in relating to the regulatory license fee. If the city or 10-county fails to file this report within fifteen (15) days after its due date, the 11-city's or county's funds for the previous year taken in through the 12-regulatory license fee shall be forfeited to the Auditor of Public Accounts. 13-(10) (a) There is hereby established in the State Treasury a trust and agency 14-account to be known as the regulatory license fee audit fund. The fund shall 15-consist of moneys received pursuant to subsection (6) of this section, state 16-appropriations, gifts, grants, and federal funds. 17-(b) The fund shall be administered by the Auditor of Public Accounts. 18-(c) Amounts deposited in the fund shall be used to pay all expenses accruing 19-from audits conducted pursuant to subsection (6) of this section and for no 20-other purpose. 21-(d) Notwithstanding KRS 45.229, fund amounts not expended at the close of a 22-fiscal year shall not lapse but shall be carried forward into the next fiscal 23-year. 24-Section 17. KRS 243.110 is amended to read as follows: 25-(1) Except as provided in subsection (3) of this section, each kind of license listed in 26-KRS 243.030 shall be incompatible with every other kind listed in that section and 27-UNOFFICIAL COPY 26 RS BR 44-Page 58 of 111-XXXX 2/9/2026 2:54 PM Jacketed-no person or entity holding a license of any of those kinds shall apply for or hold a 1-license of another kind listed in KRS 243.030. 2-(2) (a) Each kind of license listed in KR S 243.040(1), (3), or (4) shall be 3-incompatible with every other kind listed in KRS 243.040(1), (3), or (4), and 4-no person holding a license of any of those kinds shall apply for or hold a 5-license of any other kind listed in KRS 243.040(1), (3), or (4). 6-(b) A brewery holding a license listed in KRS 243.040(5) or (8) shall not apply 7-for or hold a license listed in KRS 243.040(3) or (4). 8-(3) (a) The holder of a quota retail package license may also hold a quota retail drink 9-license, an NQ1 retail drink license, an NQ2 retail drink license, an NQ3 retail 10-drink license, a cannabis -infused beverage retail package license, or a special 11-nonbeverage alcohol license. 12-(b) The holder of a transporter's license may also hold a distilled spirits and wine 13-storage license. 14-(c) The holder of a distiller's license may also hold a rectifier's license, a special 15-nonbeverage alcohol license, a winery license, or a small farm winery license. 16-(d) A commercial airline system or charter flight system retail license, a 17-commercial airline system or charter flight system transporter's license, and a 18-retail drink license if held by a commercial airline or charter flight system 19-may be held by the same licensee. 20-(e) A Sunday retail drink license, vintage distilled spirits license, and 21-supplemental license may be held by the holder of a primary license. 22-(f) The holder of a distiller's, winery, small farm winery, brewer, microbrewery, 23-distilled spirits and wine supplier's, or malt beverage supplier's license may 24-also hold a direct shipper license. 25-(g) The holder of an NQ1 retail drink license, an NQ2 retail drink license, an 26-NQ3 retail drink license, a quota retail drink license, a qualified historic site 27-UNOFFICIAL COPY 26 RS BR 44-Page 59 of 111-XXXX 2/9/2026 2:54 PM Jacketed-license, or a limited restaurant license may also hold a limited nonquota 1-package license. 2-(4) (a) The holder of a cannabis -infused beverage retail package license shall not 3-apply for or hold the license listed in KRS 243.030(5) or 243.040(3). 4-(b) The holder of a cannabis -infused beverage retail package license shall also 5-hold a quota retail package license. 6-(c) The holder of a cannabis -infused beverage distributor's license may hold it as 7-a primary license or as a supplemental license to a distribu tor's license or a 8-wholesaler's license. 9-(5) Any person may hold two (2) or more licenses of the same kind. 10-(6) A person or entity shall not evade the prohibition against applying for or holding 11-licenses of two (2) kinds by applying for a second license th rough or under the 12-name of a different person or entity. The state administrator shall examine the 13-ownership, membership, and management of applicants, and shall deny the 14-application for a license if the applicant is substantially interested in a person or 15-entity that holds an incompatible license. 16-Section 18. KRS 243.120 is amended to read as follows: 17-(1) A distiller's, rectifier's, or winery license shall authorize the licensee to engage in 18-the business of distiller, re ctifier, or winery at the premises specifically designated 19-in the license, to maintain aging warehouses, to bottle products manufactured for 20-itself, and to transport for itself[himself or herself] only any alcoholic beverage 21-which the licensee[he or she] is authorized under the license to manufacture or sell. 22-The licensee shall transport alcoholic beverages only by a vehicle operated by 23-itself[himself or herself] , which has affixed to its sides at all times a sign of form 24-and size prescribed by the state board, containing among other things the name and 25-license number of the licensee. 26-(2) (a) 1. A licensee holding a distiller's license, Class A license, or Class B 27-UNOFFICIAL COPY 26 RS BR 44-Page 60 of 111-XXXX 2/9/2026 2:54 PM Jacketed-license shall distill no less than six hundred (600) gallons in one (1) year 1-at the distillery's licensed premises. Documentation of production shall 2-be: 3-a. Provided by each licensee to the department upon the renewal of 4-its distiller's license; and 5-b. Considered confidential tax information pursuant to KRS 6-131.190 and excepted from public inspect ion pursuant to KRS 7-61.878(1)(l), except as authorized by court order. 8-2. A licensee that engages in the distilling process for the exclusive 9-purpose of providing training and education, conducting research, or 10-teaching about the distilling process, aging, or bottling of distilled spirits 11-shall be exempt from subparagraph 1. of this paragraph, so long as the 12-licensee does not produce spirits for sale to the general public. 13-(b) Distillers that produce more than fifty thousand (50,000) gallons of distilled 14-spirits per calendar year at the premises shall obtain a distiller's license, Class 15-A. 16-(c) Distillers that produce fifty thousand (50,000) gallons or less of distilled 17-spirits per calendar year at the premises shall obtain a distiller's license, Class 18-B (craft distillery). 19-(3) (a) Rectifiers that rectify more than fifty thousand (50,000) gallons of distilled 20-spirits per calendar year at the premises shall obtain a rectifier's license, Class 21-A. 22-(b) Rectifiers that rectify fifty thousand (50,000) gallons or les s of distilled spirits 23-per calendar year at the premises shall obtain a rectifier's license, Class B 24-(craft rectifier). 25-(4) (a) A distiller that is located in wet territory, or in any precinct that has authorized 26-the limited sale of alcoholic beverages at distilleries under KRS 242.1243, 27-UNOFFICIAL COPY 26 RS BR 44-Page 61 of 111-XXXX 2/9/2026 2:54 PM Jacketed-may sell distilled spirits by the drink or by the package at retail to consumers 1-in accordance with KRS 243.0305. 2-(b) Any distilled spirits sold under this subsection shall be taxed and distributed 3-in the same manner as sales under KRS 243.0305(2). 4-(c) Except as provided in this subsection, sales under this subsection shall be 5-governed by all of the statutes and administrative regulations governing the 6-retail sale of distilled spirits by the drink. 7-(5) Nothing in this section shall be construed to: 8-(a) Vitiate the policy of this Commonwealth supporting an orderly three (3) tier 9-system for the production and sale of alcoholic beverages; or 10-(b) Allow delivery or shipment of alcohol into dry or moist territory. 11-Section 19. KRS 243.155 is amended to read as follows: 12-(1) A small farm winery may apply for a small farm winery license. In addition to all 13-other licensing requirements, an applicant for a small farm winery license shall 14-submit with its application a copy of the small farm winery's federal basic permit 15-and proof documenting its annual wine production. The board shall promulgate 16-administrative regulations establishing the form the documentation of proof of 17-production shall take. 18-(2) A small farm winery license shall authorize the licensee to perform the following 19-functions without having to obtain separate licenses, except that each small farm 20-winery off-premises retail site shall be separately licensed and the state regulatory 21-license fees imposed by Sections 1 and 2 of this Act shall be paid by the licensee: 22-(a) Engage in the business of a winery under the terms and conditions of KRS 23-243.120 and 243.130, except that a small farm winery may sell and deliver 24-wine produced by it to a retaile r as authorized by this section. The 25-manufacture of wine at the small farm winery shall not be less than two 26-hundred fifty (250) gallons, and shall not exceed five hundred thousand 27-UNOFFICIAL COPY 26 RS BR 44-Page 62 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(500,000) gallons, in one (1) year; 1-(b) Bottle wines produced by that small farm winery and other licensed small 2-farm wineries; 3-(c) Enter into an agreement with another licensed small farm winery under which 4-it crushes, processes, ferments, bottles, or any combination of these services, 5-the grapes, fruits, or other agricultural products of the other small farm winery 6-for a production year. The resulting wine shall be considered the product of 7-the small farm winery that provides the fruit. The small farm winery 8-providing the custom crushing services may exclude the wine produced under 9-this paragraph from its annual production gallonage; 10-(d) If the licensed small farm winery or off-premises retail site premises is located 11-in wet territory or in a precinct that has authorized alcoholic beverage sales by 12-the small farm winery under KRS 242.124: 13-1. Serve complimentary samples of wine produced by it in amounts not to 14-exceed six (6) ounces per patron per day; and 15-2. Sell by the drink for on -premises consumption or off -premises 16-consumption pursuant to KRS 243.08 1, or by the package wine 17-produced by it or by another licensed small farm winery, at retail to 18-consumers; 19-(e) Sell by the drink or by the package, at fairs, festivals, and other similar types 20-of events, wine produced by it or by another licensed small far m winery, at 21-retail to consumers if all sales occur in a wet territory; 22-(f) Sell and transport wine produced by it to consumers, licensed small farm 23-winery off -premises retail sites, wholesale license holders, and small farm 24-winery license holders, except that wine purchased between small farm 25-wineries shall not exceed five hundred (500) gallons per year per small farm 26-winery; 27-UNOFFICIAL COPY 26 RS BR 44-Page 63 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(g) Consume on the premises wine produced by the small farm winery or a 1-licensed small farm winery and purchased by the drink or by the package at 2-the licensed premises, if the small farm winery is located in wet territory; 3-(h) Sell wine at retail to consumers in accordance with KRS 243.027 to 243.029 4-if it holds a direct shipper license; and 5-(i) Sell and deliver, in accordance with KR S 243.120(1), up to twelve thousand 6-(12,000) gallons of wine produced by it annually to any retail license holder 7-as long as: 8-1. Any products sold and delivered under this paragraph that are not 9-otherwise registered by a licensed wholesaler shall be registered with the 10-department by the small farm winery; 11-2. The small farm winery is responsible for payment of wine state 12-wholesale regulatory license fees [wholesale sales taxes] and reporting 13-of self-distributed wines in accordance with Section 2 of this Act [KRS 14-243.884]; and 15-3. The small farm winery may extend credit on wine sold to retail licensees 16-for a period not to exceed thirty (30) days from the date of invoice, with 17-the date of invoice included in the total number of days. 18- This paragraph shall not appl y to small farm winery wholesalers licensed 19-under KRS 243.154. 20-(3) If the requirements of KRS 242.1241 or 244.290(5) relating to Sunday sales on the 21-licensed premises of a small farm winery are met, a small farm winery within that 22-territory may sell alcoho lic beverages on Sunday only in accordance with this 23-section during the hours and times as permitted in the local ordinance for that 24-locality. 25-(4) A small farm winery license holder may also hold an NQ2 retail drink license or an 26-NQ4 retail malt beverage drink license if: 27-UNOFFICIAL COPY 26 RS BR 44-Page 64 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(a) The small farm winery is located in wet territory or in a precinct that has 1-authorized alcoholic beverage sales by the small farm winery under KRS 2-242.124; and 3-(b) The issuance of these licenses is in connection with the establishment and 4-operation of a restaurant, hotel, inn, bed and breakfast, conference center, or 5-any similar business enterprise designed to promote viticulture, enology, and 6-tourism. 7-(5) This section shall not exempt the holder of a small farm winery license from the 8-provisions of KRS Chapters 241 to 244, nor from the administrative regulations of 9-the board, nor from regulation by the board at all premises licensed by the small 10-farm winery, except as expressly stated in this section. 11-(6) Nothing contained in this secti on shall exempt a licensed out -of-state winery from 12-obeying the laws of its resident state. 13-(7) Upon the approval of the department, a small farm winery license may be renewed 14-after the licensee submits to the department the winery's federal basic permit a nd 15-proof of its annual wine production. Documentation of production shall be: 16-(a) Provided by each licensee to the department upon the renewal of its small 17-farm winery license; and 18-(b) Considered confidential tax information pursuant to KRS 131.190 and 19-excepted from public inspection pursuant to KRS 61.878(1)(l), except as 20-authorized by court order. 21-(8) An employee of a small farm winery may sample the products produced by that 22-small farm winery for purposes of education, quality control, and product 23-development. 24-(9) A small farm winery may permit leashed dogs on its premises, consistent with any 25-applicable health or safety codes. 26-Section 20. KRS 243.157 is amended to read as follows: 27-UNOFFICIAL COPY 26 RS BR 44-Page 65 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(1) A microbrewery license shall authorize the licensee to perform the following 1-functions: 2-(a) Engage in the business of a brewer under the terms and conditions of KRS 3-243.150, provided that production of malt beverages at the microbrewery shall 4-not exceed fifty thousand (50,000) barrels in one (1) year; 5-(b) Serve[ on the premises] complimentary samples of malt beverages produced 6-by the microbrewery in amounts not to exceed sixteen (16) ounces per patron, 7-provided the microbrewery is located in wet territory o r a precinct that has 8-authorized the sale of alcoholic beverages at microbreweries under KRS 9-242.1239; 10-(c) Sell malt beverages produced on the premises of the microbrewery to licensed 11-distributors; 12-(d) Sell malt beverages produced on the premises of the microbrewery for on- and 13-off-premises purposes in accordance with subsection (3)(b) and (c) of this 14-section, pursuant to the following: 15-1. Without restriction on the amount of malt beverages sold by the drink 16-for on -premises consumption provided the microbre wery is located in 17-wet territory or a precinct that has authorized the sale of alcoholic 18-beverages at microbreweries under KRS 242.1239; and 19-2. With a restriction on the amount of malt beverages sold for off -premises 20-consumption, in an aggregate amount not to exceed thirty -one (31) 21-gallons per person per day that shall not include more than three (3) 22-cases in case format; 23-(e) Sell: 24-1. Unlimited amounts of malt beverages by the drink; and 25-2. Not more than one (1) case of packaged malt beverages; 26- produced on the premises of the microbrewery to consumers at fairs, festivals, 27-UNOFFICIAL COPY 26 RS BR 44-Page 66 of 111-XXXX 2/9/2026 2:54 PM Jacketed-and other similar types of events located in wet territory, in accordance with 1-subsection (3)(b)2. and (c)2. of this section; and 2-(f) Sell and deliver up to two thousand five hundred (2,5 00) barrels of malt 3-beverages annually to any retail license holder, provided that [: 4-1. ]any products sold and delivered under this paragraph that are not 5-otherwise registered by a licensed distributor shall be registered with the 6-department by the microbrewery[; and 7-2. The microbrewer notifies the distributor of any self -distribution delivery 8-by electronic or other means]. 9-(2) A microbrewery license shall not be deemed to be incompatible with any other 10-license except for a distributor's license under the provisions of KRS 243.180. 11-(3) In accordance with the provisions of this section, a microbrewery license holder 12-may: 13-(a) Hold retail drink and package licenses both on and off the premises of the 14-microbrewery. The holder of a microbrewery license is exempt from the 15-provisions of KRS 244.570 and 244.590 as applied to any retail licenses held 16-by the microbrewery license holder, and from any other sections which would 17-restrict the co -ownership of the microbrewery license and any retail licenses 18-described in this section; 19-(b) Sell malt beverages produced on the premises of the microbrewery for on -20-premises purposes without having to transfer physical possession of those 21-malt beverages to a licensed distributor provided: 22-1. The microbrewery possesses a retail drin k license for those premises; 23-and 24-2. The microbrewery reports and pays all taxes and state regulatory 25-license fees required by Sections 1 and 2 of this Act [subsection (5)(a) 26-and (b) of this section] to the Department of Revenue at the time and in 27-UNOFFICIAL COPY 26 RS BR 44-Page 67 of 111-XXXX 2/9/2026 2:54 PM Jacketed-the manner required by the Department of Revenue in accordance with 1-its powers under KRS 131.130(3); and 2-(c) Sell malt beverages produced on the premises of the microbrewery for off -3-premises purposes without having to transfer physical possession of those 4-malt beverages to a licensed distributor provided that: 5-1. The microbrewery possesses a retail package license for those premises; 6-and 7-2. The microbrewery reports and pays all taxes and state regulatory 8-license fees required by Sections 1 and 2 of this Act [subsection (5)(a) 9-and (b) of this section] to the Department of Revenue at the time and in 10-the manner required by the Department of Revenue in accordance with 11-its powers under KRS 131.130(3). 12-(4) The provisions of subsection (3)(b) and (c) of this section shall ap ply only to malt 13-beverages that are produced by the microbrewery at its licensed premises and: 14-(a) Offered for sale by the microbrewery at that same premises under the 15-microbrewery's retail drink or package license; or 16-(b) Offered for sale by the microbrewery at a fair, festival, or other similar type of 17-event as authorized under subsection (1)(e) of this section. 18- All other malt beverages produced by the microbrewery which are offered for retail 19-sale shall be sold and physically transferred to a licensed distributor in compliance 20-with all other relevant provisions of KRS Chapters 241 to 244, and a licensed 21-microbrewery shall not otherwise affect sales of malt beverages directly to retail 22-customers except as provided in subsection (3)(b) and (c) of this section under KRS 23-243.027 to 243.029 if the microbrewery holds a direct shipper license. 24-(5) (a) A microbrewery selling malt beverages in accordance with subsection (1) (d), 25-(e), or (f)[ or (3)(b) and (c)] of this section shall pay all [ wholesale sales] 26-taxes and state regulatory license fees due under Sections 1 and 2 of this 27-UNOFFICIAL COPY 26 RS BR 44-Page 68 of 111-XXXX 2/9/2026 2:54 PM Jacketed-Act[KRS 243.884]. For the purposes of this s ubsection, "selling"["wholesale 1-sales"] means a sale of malt beverages made by a microbrewery under 2-subsection (1)(d), (e), or (f)[ or (3)(b) and (c)] of this section, as applicable. 3-(b) A microbrewery [ shall pay the excise tax on malt beverages in accordance 4-with KRS 243.720(3) and 243.730 and] shall be entitled to the credit set forth 5-in Section 2 of this Act[KRS 243.720(3)(b)]. 6-(6) A microbrewery shall not be located in dry territory. 7-(7) An employee of a microbrewery may sample the products produced by that 8-microbrewery for purposes of education, quality control, and product development. 9-(8) This section does not exempt the holder of a microbrewery license from the 10-provisions of KRS Chapters 241 to 2 44, nor from any rules of the board as 11-established by administrative regulations, nor from regulation by the board, except 12-as expressly stated in this section. The provisions of this section shall not be 13-deemed inconsistent with the provisions of KRS 244.602. 14-(9) Nothing in this section shall be construed to vitiate the policy of this 15-Commonwealth, as set forth in KRS 244.167 and 244.602, supporting an orderly 16-three (3) tier system for the production and sale of malt beverages. 17-(10) Documentation of production shall be: 18-(a) Provided by each licensee to the department upon the renewal of its 19-microbrewery license; and 20-(b) Considered confidential tax information pursuant to KRS 131.190 and 21-excepted from public inspection pursuant to KRS 61.878(1)(l), except as 22-authorized by court order. 23-(11) A microbrewery may permit leashed dogs on its premises, consistent with any 24-applicable health or safety codes. 25-Section 21. KRS 243.160 is amended to read as follows: 26-(1) A licensed wholesa ler may purchase, receive, store, or possess distilled spirits and 27-UNOFFICIAL COPY 26 RS BR 44-Page 69 of 111-XXXX 2/9/2026 2:54 PM Jacketed-wine to sell at wholesale, from the licensed premises only, and to transport to and 1-from the licensed premises only alcoholic beverages that the wholesaler's license 2-authorizes the licensee to sell. The wholesaler may transport: 3-(a) Beverages in the manner provided for manufacturers in KRS 243.120; and 4-(b) Distilled spirits and wine from a manufacturer's warehouse or from another 5-licensed wholesaler's premises to the licensed wholesaler premises. 6-(2) The holder of a wholesaler's license may sell and transport its products to the holder 7-of a special nonbeverage alcohol license. 8-(3) The holder of a wholesaler's license shall: 9-(a) Have exclusive control over the licensed premises and its contents; and 10-(b) Ensure distilled spirits, wine, and business records stored on the premises 11-are adequately secured. 12-Section 22. KRS 243.238 is amended to read as follows: 13-(1) A limited nonquota package license may be issued a s a supplementary license to a 14-licensee that holds an NQ1 retail drink license, an NQ2 retail drink license, an NQ3 15-retail drink license, a quota retail drink license, a qualified historic site license, or a 16-limited restaurant license in a jurisdiction tha t has authorized the sale of distilled 17-spirits and wine by the package. 18-(2) The limited nonquota package license shall authorize the licensee to: 19-(a) Purchase private selection packages in the original manufacturer's unopened 20-containers; and 21-(b) Sell priva te selection packages at retail in the original manufacturer's 22-unopened containers, and only for consumption off the licensed premises. 23-(3) The licensee shall purchase private selection packages in accordance with KRS 24-243.0305(4). 25-Section 23. KRS 243.280 is amended to read as follows: 26-(1) A nonquota retail malt beverage package license shall authorize the licensee to: 27-UNOFFICIAL COPY 26 RS BR 44-Page 70 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(a) Sell malt beverages at retail by the package from the licensed premises only 1-for consumption off the licensed premises only; and 2-(b) Purchase malt beverages only from a distributor. 3-(2) The holder of a quota retail package license under KRS 243.240 may als o obtain a 4-license under this section. 5-(3) The holder of a nonquota retail malt beverage package license may also hold a NQ4 6-retail malt beverage drink license. 7-(4) A nonquota retail malt beverage package license shall not be issued to sell malt 8-beverages at retail for any premises from which gasoline and lubricating oil are sold 9-or from which the servicing and repair of motor vehicles is conducted, unless there 10-is maintained in inventory on the premises for sale at retail not less than five 11-thousand dollars ($5,000) of food, groceries, and related products valued at cost. 12-(5) The term "food and groceries" means: 13-(a) Any food or food product intended for human consumption except alcoholic 14-beverages, tobacco, hot foods, and hot food products prepared for imme diate 15-consumption; and 16-(b) Seeds and plants to grow food for personal consumption. 17-(6) The provisions of this section shall not apply to any licensed premises which sells 18-no fuel other than marine fuel. 19-Section 24. KRS 243.340 is amended to read as follows: 20-(1) A special agent's or solicitor's license may be issued to a duly authorized 21-representative, employee, or agent of, or solicitor for a distiller, rectifier, winery, or 22-wholesaler licensed in Kentucky or by the state of his or her residence and by the 23-United States if a resident therein. The license shall authorize the licensee to offer 24-for sale and to solicit orders for the sale of any alcoholic beverage sold by a 25-distiller, rectifier, winery, or wholesaler who is li censed in Kentucky or who is a 26-nonresident. The licensee shall only offer for sale or solicit orders from those 27-UNOFFICIAL COPY 26 RS BR 44-Page 71 of 111-XXXX 2/9/2026 2:54 PM Jacketed-wholesale or retail licensees legally authorized to buy and receive the alcoholic 1-beverages of the distiller, rectifier, winery, or wholesaler l icensed in Kentucky. 2-The license shall set forth the name, address, and, unless the vendor is a 3-nonresident, the license numbers of the vendors the agent or solicitor represents, as 4-well as the name, address, and license number of the agent or solicitor. A n agent or 5-solicitor shall not represent any vendor or licensee whose name does not appear 6-upon the license or the application for the license. 7-(2) A special agent's or solicitor's license may be issued to a nonresident of this state. 8-The license shall aut horize the nonresident to represent a manufacturer, winery, or 9-wholesaler who is licensed by another state and by the federal government, if the 10-nonresident has been issued a license by another state conferring privileges similar 11-to a special agent's or solicitor's license authorized by subsection (1) of this section. 12-If the state of residence of the applicant does not issue a similar license, the 13-application filed with the department shall not be accepted without the approval of 14-the alcoholic beverage control agency of the state of the applicant's residence. 15-Section 25. KRS 243.360 is amended to read as follows: 16-(1) (a) For each application for any new or transitional license issued by the 17-department, the department shall provide public notice by listing the 18-application on a dedicated public website space controlled by the department 19-for fourteen (14) days, beginning on the day the application is submitted[All 20-persons shall, before applying for a license, advertise by publ ication their 21-intention to apply for a license in the newspaper for legal notices for the 22-county or city whose local administrator has jurisdiction over the proposed 23-premises]. 24-(b) For each application for any new or transitional license that also requires a 25-license issued by a local administrator, the local administrator may publish 26-a public notice by listing the application in the same manner that public 27-UNOFFICIAL COPY 26 RS BR 44-Page 72 of 111-XXXX 2/9/2026 2:54 PM Jacketed-meeting notices are published on a dedicated public website space 1-controlled by the local administrato r or the legislative body of the affiliated 2-city or county for fourteen (14) days, beginning on the day the application is 3-submitted to the department [An advertisement under this subsection may be 4-made online or in print]. 5-(c) The department shall[may] prescribe the form and content of the public 6-website space described in paragraph (a) of this subsection [advertisement] 7-by an administrative regulation[ that is] promulgated in accordance with KRS 8-Chapter 13A. 9-(2) The public notice and website requirements of subsection (1) of this section shall 10-not apply to an applicant for the same license for the same premises, or an applicant 11-for any of the following licenses: 12-(a) Out-of-state malt beverage supplier's license; 13-(b) Limited out-of-state malt beverage supplier's license; 14-(c) Out-of-state distilled spirits and wine supplier's license; 15-(d) Limited out-of-state distilled spirits and wine supplier's license; 16-(e) Supplemental bar license; 17-(f) Extended hours supplemental license; 18-(g) Special agent or solicitor's license; 19-(h) Special nonbeverage alcohol license; 20-(i) Transporter's license; 21-(j) Special Sunday drink license; 22-(k) Hotel in-room license; 23-(l) Sampling license; 24-(m) Direct shipper license; 25-(n) Special temporary drink license; or 26-(o) Vintage distilled spirits license. 27-UNOFFICIAL COPY 26 RS BR 44-Page 73 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(3) The department's or local administrator's application listing under subsection (1) 1-of this section[notice] shall state[contain] the following[ information]: 2-(a) The[ notice shall state: the] name and address of the applicant and the name [ 3-and address] of each principal owner, partner, member, officer, and director if 4-the applicant is a partnership, limited partnership, limited liability company, 5-corporation, governmental agency, or other business entity recognized by law; 6-(b) The[ notice shall specifically state the] location of the premises for which the 7-license is sought, the type of business, and the type of license being requested; 8-and 9-(c) The[ notice shall state the] date the application was[will be] filed and shall 10-contain the following statement: 11-1. For a listing published by the department: "Any person may protest the 12-approval of the license by writing the Department of Alcoholic 13-Beverage Control within fourteen (14)[thirty (30)] days of the date the 14-application was submitted to the department[of legal publication]."; or 15-2. For a listing published by a local administrator: "Any person may 16-protest the approval of the license by writing to the local administrator 17-within fourteen (14) days of the date the application was submitted to 18-the department." 19-(4) Any protest received after the fourteen (14) [thirty (30)] day period has expired 20-shall not be considered a valid legal protest by the local administrator or the board. 21-(5) Substantial compliance with the information listed in subsection (3) of this section 22-shall be sufficient to comply with this section. 23-Section 26. KRS 243.630 is amended to read as follows: 24-(1) For purpose of this section, "transfer" means: 25-(a) The transfer to a new person or entity of ten percent (10%) or more ownership 26-interest in any licensed business or license; 27-UNOFFICIAL COPY 26 RS BR 44-Page 74 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(b) The transfer in bulk, and not in the ordinary course of business, of a major 1-part of the fixtures, materials , supplies, merchandise, or other inventory of a 2-licensee's business; or 3-(c) The transfer of a business or license to a different premises. 4-(2) Any license issued to any person for any licensed premises shall not be transferable 5-or assignable to any other person or to any other premises or to any other part of the 6-building containing the licensed premises, unless a transfer or assignment is 7-authorized by the state administrator in the exercise of sound discretion. 8-(3) A licensee shall not acquire or otherwi se dispose of any interest in a licensed 9-premises or any license issued by the department, by sale of assets, stock, 10-inventory, control or right of control, or activities on the licensed premises without 11-prior approval of the state administrator. The state administrator shall treat a 12-transfer applicant as a new applicant for qualification and discretion purposes. 13-(4) Any acquisition of interest in a license without prior authorization shall be void. 14-(5) All applications for approval of a transfer shall be m ade in writing to the state 15-administrator having jurisdiction over the license. 16-(6) Applications for approval of a transfer shall be made under oath or affirmation, 17-shall be signed by both the transferor and the transferee, and shall contain any other 18-information prescribed by the department. 19-(7) The appropriate state administrator shall deny or approve the application when, in 20-the sound discretion of the administrator, all of the necessary information has been 21-obtained or the applicant has refused to provi de requested information, but it shall 22-not be acted upon before the end of the public protest period outlined in KRS 23-243.360. 24-(8) A[No] licensee or other person seeking to acquire an interest in an existing license 25-shall not transfer control or assume control of any licensed premises by agreement 26-or otherwise without the written consent of the state administrator of malt beverages 27-UNOFFICIAL COPY 26 RS BR 44-Page 75 of 111-XXXX 2/9/2026 2:54 PM Jacketed-or the state administrator of distilled spirits or both. 1-(9) A licensee shall not transfer its license or any interest in the license while any 2-proceedings against the license or the licensee for a violation of any statute or 3-administrative regulation which may r esult in the suspension or revocation of the 4-license are pending. 5-(10) (a) A licensee shall not transfer its license or any interest it has in the license if 6-the licensee owes a debt on the inventory to a wholesaler responsible for the 7-collection and payme nt of the state wholesale regulatory license fee [tax] 8-imposed under Section 2 of this Act. 9-(b) A transfer shall not take place until the department is notified that the 10-licensee's indebtedness has been paid or resolved to all wholesalers. 11-(c) If a licensee owes debt on the inventory to a wholesaler and the licensee 12-surrenders its license, or its license otherwise becomes inactive, a new 13-license shall not be issued on the same premises unless the new license 14-applicant signs an affidavit swearing that a transfer is not taking place[KRS 15-243.884]. 16-(11) A licensee shall not transfer its license or any interest in the license if the licensee 17-owes the Commonwealth of Kentucky for taxes as defined in KRS 243.500(4). A 18-transfer shall not take place until the departme nt is notified by the Kentucky 19-Department of Revenue that the licensee's indebtedness has been paid or resolved to 20-the satisfaction of the Department of Revenue. This section shall not prohibit a 21-transfer of a license or an interest in a license by a trust ee in bankruptcy if all other 22-requirements of this section are met. 23-Section 27. KRS 243.710 is amended to read as follows: 24-(1) Each wholesaler or self -distributing distiller shall pay to the Department of 25-Revenue five ce nts ($0.05) per case on each case of distilled spirits sold by the 26-wholesaler or self-distributing distiller in the state. This tax shall be computed each 27-UNOFFICIAL COPY 26 RS BR 44-Page 76 of 111-XXXX 2/9/2026 2:54 PM Jacketed-month according to the report required to be filed by KRS 243.850 and shall be paid 1-on or before the date in each succeeding month when reports are required to be 2-filed. 3-(2) This section shall expire on July 1, 2027. 4-Section 28. KRS 243.720 is amended to read as follows: 5-(1) (a) There is levied upon the use, sale, or distribution by sale or gift of distilled 6-spirits a tax of one dollar and ninety -two cents ($1.92) on each wine gallon of 7-distilled spirits, and a proportional rate per gallon on all distilled spirits used, 8-sold, or d istributed in any container of more or less than one (1) gallon, but 9-the rate of the excise tax on spirits in retail containers of one -half (1/2) pint 10-shall be twelve cents ($0.12); and 11-(b) Notwithstanding the provisions of paragraph (a) of this subsection , distilled 12-spirits placed in containers for sale at retail, where the distilled spirits 13-represent six percent (6%) or less of the total volume of the contents of the 14-containers, shall be taxed at the rate of twenty-five cents ($0.25) per gallon. 15-(2) There is levied upon the use, sale, or distribution by sale or gift of wine, a tax of 16-fifty cents ($0.50) on each gallon of wine, and a proportional rate per gallon on the 17-wine used, sold, or distributed in any container of more or less than one (1) gallon, 18-but the tax shall not be less than four cents ($0.04) on the sale or distribution of any 19-retail container of wine. 20-(3) (a) There is levied upon the sale or distribution by sale or gift of malt beverages 21-an excise tax of two dollars and fifty cents ($2.50) on each barrel of thirty-one 22-(31) gallons and a proportional rate per gallon on malt beverages sold or 23-distributed in any container of more or less than thirty-one (31) gallons; 24-(b) Each brewer producing malt beverages in this state shall be entitled to a cre dit 25-of fifty percent (50%) of the tax levied on each barrel of malt beverages sold 26-in this state, up to three hundred thousand (300,000) barrels per annum. 27-UNOFFICIAL COPY 26 RS BR 44-Page 77 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(4) There is levied upon the use, sale, or distribution by sale or gift of cannabis -infused 1-beverages a tax of one dollar and ninety -two cents ($1.92) on each gallon of a 2-cannabis-infused beverage, and a proportional rate per gallon on all cannabis -3-infused beverages used, sold, or distributed in any container of more or less than 4-one (1) gallon. 5-(5) This section shall not apply to: 6-(a) Wine manufactured, sold, given away, or distributed and used solely for 7-sacramental purposes; or 8-(b) Distilled spirits and wine purchased by holders of special licenses provided 9-for in KRS 243.320 and purchased and used in the manner authorized by 10-those licenses. 11-(6) Subsections (1), (2), (3), and (5) of this section shall expire on July 1, 2027. 12-Section 29. KRS 243.730 is amended to read as follows: 13-(1) (a) Wholesalers of distilled spirit s and wine shall pay and report the tax and fees 14-levied by Sections 1 and 2 of this Act [KRS 243.720(1) and (2)] on or before 15-the twentieth day of the calendar month next succeeding the month in which 16-possession or title of the distilled spirits and wine is transferred from the 17-wholesaler to retailers or consumers in this state, in accordance with 18-administrative regulations promulgated under KRS Chapter 13A designed 19-reasonably to protect the revenues of the Commonwealth. 20-(b) 1. Distributors or retailers of malt beverages, who purchase malt beverages 21-directly from a brewer, shall pay and report the tax and fees levied by 22-Sections 1 and 2 of this Act[KRS 243.720(3)] on or before the twentieth 23-day of the calendar month next succeeding the month in which the 24-brewer sells, transfers, or passes title of the malt beverage to the 25-distributor or retailer, in accordance with administrative regulations 26-promulgated under KRS Chapter 13A designed reasonably to protect the 27-UNOFFICIAL COPY 26 RS BR 44-Page 78 of 111-XXXX 2/9/2026 2:54 PM Jacketed-revenues of the Commonwealth. 1-2.[ The credit allowe d brewers in this state, under the provisions of KRS 2-243.720(3)(b), shall flow through to the distributor or retailer who 3-purchases malt beverages directly from the brewer. 4-3.] If a brewer sells, transfers, or passes title to malt beverages to any of its 5-employees for home consumption or to any charitable or fraternal 6-organization pursuant to the provisions of KRS 243.150, the brewer 7-shall be responsible for paying and reporting the tax and fees levied by 8-Sections 1 and 2 of this Act [KRS 243.720(3)] in accordance with the 9-provisions of paragraph (d) of this subsection. 10-(c) Cannabis-infused beverage distributors shall pay and report the tax levied by 11-KRS 243.720(4) on or before the twentieth day of the calendar month next 12-succeeding the month in which possession or title of the cannabis -infused 13-beverages are transferred from the cannabis -infused beverage distributor to 14-retailers or consumers in this state, in accordance with administrative 15-regulations promulgate d under KRS Chapter 13A designed reasonably to 16-protect the revenues of the Commonwealth. 17-(d) 1. Every brewer selling, transferring, or passing title to malt beverages to 18-any person in this state other than a distributor or retailer; 19-2. Every manufacturer o f cannabis -infused beverages permitted by the 20-Department for Public Health selling, transferring, or passing title to 21-cannabis-infused beverages to any person in this state other than a 22-distributor or retailer; and 23-3. Every other person selling, transferri ng, or passing title of distilled 24-spirits, wine, malt beverages, or cannabis -infused beverages to 25-distributors, retailers, cannabis -infused beverage licensees, or 26-consumers; 27-UNOFFICIAL COPY 26 RS BR 44-Page 79 of 111-XXXX 2/9/2026 2:54 PM Jacketed- shall report and pay the tax and fees levied by Sections 1 and 2 of this Act 1-and KRS 243.720 on or before the twentieth day of the calendar month next 2-succeeding the month in which possession or title of distilled spirits, wine, 3-malt beverages, or cannabis -infused beverages is transferred to a distributor, 4-retailer, cannabis -infused be verage licensee, or consumer in this state, in 5-accordance with administrative regulations promulgated under KRS Chapter 6-13A designed reasonably to protect the revenues of the Commonwealth. 7-(e) Every distributor, retailer, or consumer possessing, using, sel ling, or 8-distributing distilled spirits, wine, malt beverages, or cannabis -infused 9-beverages in this state upon which the tax and fees levied by Sections 1 and 2 10-of this Act and KRS 243.720[ and 243.884] has not been paid shall be jointly 11-and severally lia ble for reporting and paying the tax due, in accordance with 12-administrative regulations promulgated under KRS Chapter 13A designed 13-reasonably to protect the revenues of the Commonwealth. The liability shall 14-not be extinguished until the tax has been paid to the Department of Revenue. 15-(f) Notwithstanding the provisions of paragraph (a) of this subsection, every 16-owner of a small farm winery shall pay and report the tax and fees levied by 17-Sections 1 and 2 of this Act[KRS 243.720 (1) and (2)] on a quarterly basis, in 18-accordance with administrative regulations of the Department of Revenue 19-designed reasonably to protect the revenues of the Commonwealth. 20-(2) Every wholesaler of distilled spirits or wine before using, selling, or distributing by 21-sale or gift distilled spirits and wine shall register with the Department of Revenue. 22-(3) Every brewer before selling or distributing by sale or gift malt beverages, or before 23-importing malt beverages into the state, shall register with the Department of 24-Revenue in a manner as the Department of Revenue may require. 25-(4) Every manufacturer of cannabis -infused beverages before selling or distributing by 26-sale or gift cannabis -infused beverages, or before importing cannabis -infused 27-UNOFFICIAL COPY 26 RS BR 44-Page 80 of 111-XXXX 2/9/2026 2:54 PM Jacketed-beverages into the state, shall: 1-(a) Obtain a per mit as a food manufacturer through the Department for Public 2-Health; and 3-(b) Register with the Department of Revenue in a manner as the Department of 4-Revenue may require. 5-(5) A cannabis -infused beverage distributor or retailer shall not be subject to 6-Sections 1 and 2 of this Act. 7-Section 30. KRS 243.884 is amended to read as follows: 8-(1) (a) Before July 1, 2027, for the privilege of making "wholesale sales" or "sales at 9-wholesale" of malt beverages, wine, distilled spirit s, or cannabis -infused 10-beverages, a tax is hereby imposed upon all wholesalers of wine and distilled 11-spirits, all distributors of malt beverages or cannabis -infused beverages, all 12-direct shipper licensees shipping alcoholic beverages or cannabis -infused 13-beverages to a consumer at a Kentucky address, all distillers making sales 14-pursuant to KRS 243.0305(3), (4)(a)1. and 2. and (c), (7), (9), (10), (12), and 15-(13), all microbreweries selling malt beverages under KRS 243.157, all small 16-farm wineries selling wine under KRS 243.155, and all manufacturers of 17-cannabis-infused beverages permitted by the Department for Public Health. 18-(b) On or after July 1, 2027, for the privilege of making "wholesale sales" or 19-"sales at wholesale" of cannabis -infused beverages to a co nsumer at a 20-Kentucky address, a tax is hereby imposed on all manufacturers of 21-cannabis-infused beverages permitted by the Department for Public 22-Health[Prior to July 1, 2015, the tax shall be imposed at the rate of eleven 23-percent (11%) of the gross receipts of any wholesaler or distributor derived 24-from "sales at wholesale" or "wholesale sales" made within the 25-Commonwealth, except as provided in subsection (3) of this section. For the 26-purposes of this section, the gross receipts of a microbrewery making 27-UNOFFICIAL COPY 26 RS BR 44-Page 81 of 111-XXXX 2/9/2026 2:54 PM Jacketed-"wholesale sales" shall be calculated by determining the dollar value amount 1-that the microbrewer would have collected had it conveyed to a distributor the 2-same volume sold to a consumer as allowed under KRS 243.157(3)(b) and 3-(c)]. 4-(c) The following rates shall apply to wholesale sales or sales at wholesale: 5-1. For distilled spirits and cannabis -infused beverages, eleven percent 6-(11%); and 7-2. For wine and malt beverages, ten percent (10%). 8-(d) The following rates shall apply for direct shipper sales: 9-1. For dist illed spirits and cannabis -infused beverages shipments, eleven 10-percent (11%) for wholesale sales or sales at wholesale; and 11-2. For wine and malt beverage shipments, ten percent (10%) for wholesale 12-sales or sales at wholesale. 13-(e) For direct shipper sales o r sales made pursuant to KRS 243.0305, if a 14-wholesale price is not readily available, the direct shipper licensee or distillery 15-shall calculate the wholesale price to be seventy percent (70%) of the retail 16-price of the alcoholic beverages. 17-(2) Wholesalers of distilled spirits and wine, distributors of malt beverages or cannabis-18-infused beverages, microbreweries, distillers, manufacturers of cannabis -infused 19-beverages permitted by the Department for Public Health, and direct shipper 20-licensees sha ll pay and report the tax levied by this section on or before the 21-twentieth day of the calendar month next succeeding the month in which possession 22-or title of the distilled spirits, wine, malt beverages, or cannabis -infused beverages 23-is transferred from t he wholesaler or distributor to retailers, or by microbreweries, 24-distillers, manufacturers of cannabis -infused beverages permitted by the 25-Department for Public Health, or direct shipper licensees to consumers in this state, 26-in accordance with administrative regulations promulgated under KRS Chapter 13A 27-UNOFFICIAL COPY 26 RS BR 44-Page 82 of 111-XXXX 2/9/2026 2:54 PM Jacketed-designed reasonably to protect the revenues of the Commonwealth. 1-(3) Gross receipts from sales at wholesale or wholesale sales shall not include the 2-following sales: 3-(a) Sales made between wholesalers, betwee n distributors, or between 4-manufacturers of cannabis-infused beverages permitted by the Department for 5-Public Health; 6-(b) Sales from the first fifty thousand (50,000) gallons of wine produced by a 7-small farm winery in a calendar year made by: 8-1. The small farm winery; or 9-2. A wholesaler of that wine produced by the small farm winery; and 10-(c) Sales made between a direct shipper licensee and a consumer located outside 11-of Kentucky. 12-(4) Any portion of this section relating to alcoholic beverages shall expire on July 1, 13-2027. 14-Section 31. KRS 243.886 is amended to read as follows: 15-(1) To reimburse himself or herself for the cost of collecting and reporting the tax, each 16-person required to pay and report the tax levied by KRS 243.884, other than a 17-microbrewery or a distiller, shall deduct on each report one percent (1%) of the tax 18-due, p rovided the amount due is not delinquent at the time of payment. A 19-microbrewery or distiller that reports and pays the wholesale sales tax levied by 20-KRS 243.884, in accordance with KRS 243.0305 or 243.157 as applicable, shall not 21-be entitled to deduct one percent (1%) of the tax due. 22-(2) This section shall expire on July 1, 2027. 23-Section 32. KRS 243.890 is amended to read as follows: 24-Except as provided in KRS 211.285, receipts derived from taxes and fees assessed and 25-collected under the provisions of this chapter and KRS Chapter 243A shall be 26-appropriated for general fund purposes. 27-UNOFFICIAL COPY 26 RS BR 44-Page 83 of 111-XXXX 2/9/2026 2:54 PM Jacketed-Section 33. KRS 244.080 is amended to read as follows: 1-(1) A retail licensee, or the licensee's agent, serv ant, or employee, shall not sell, give 2-away, or deliver any alcoholic beverages or cannabis -infused beverages, or procure 3-or permit any alcoholic beverages or cannabis -infused beverages to be sold, given 4-away, possessed by, or delivered to: 5-(a)[(1)] A minor, except that in any prosecution for selling alcoholic beverages 6-or cannabis -infused beverages to a minor it shall be an affirmative defense 7-that the sale was induced by the use of false, fraudulent, or altered 8-identification papers or other documents and that the appearance and character 9-of the purchaser were such that the purchaser's age could not have been 10-ascertained by any other means and that the purchaser's appearance and 11-character indicated strongly that the purchaser was of legal age to purchase 12-alcoholic beverages or cannabis -infused beverages. This evidence may be 13-introduced either in mitigation of the charge or as a defense to the charge 14-itself; or 15-(b)[(2)] A person who appears to a reasonable person to be actually or 16-apparently under the influe nce of alcoholic beverages, cannabis -infused 17-beverages, controlled substances, other intoxicating substances, or any of 18-these substances in combination, to the degree that the person may endanger 19-any person or property, or unreasonably annoy persons in the vicinity. 20-(2) If a retail licensee violates subsection (1)(a) of this section three (3) or more times 21-at the same licensed premises within a twenty -four (24) month period, that retail 22-licensee shall be permanently prohibited from holding any kind of alcoh olic 23-beverage license issued by the department at that licensed premises. 24-Section 34. KRS 244.585 is amended to read as follows: 25-(1) It shall be unlawful for any distributor to sell any brand or product name of malt 26-beverage in the Commonwealth of Kentucky, except in the territory described in a 27-UNOFFICIAL COPY 26 RS BR 44-Page 84 of 111-XXXX 2/9/2026 2:54 PM Jacketed-written agreement between the supplier or brewer and distributor, authorizing sale 1-by the distributor of that brand and product name within a designated area, and 2-within that designated area the distributor shall not refuse to sell or offer reasonable 3-service to licensed retailers during the normal business hours of the distributor. 4-Where a supplier or brewer sells several brands and named products, the agreement 5-need not apply to all brands and named products sold by the supplier or brewer and 6-may apply to only one (1) brand and product name. A[No] supplier or brewer shall 7-not provide by the written agreement for the distribution of a brand or named 8-product of malt beverages to mor e than one (1) distributor for all or any part of the 9-designated territory. Upon request, all territorial agreements shall be filed with the 10-department. 11-(2) Each distributor shall comply with current, written quality control standards as 12-determined by the owner of the trademark of the brand of malt beverage, provided 13-those controls are: 14-(a) Normal industry practice; 15-(b) Reasonably related to the maintenance of quality control; 16-(c) Consistent with the provisions of this chapter and all administrative 17-regulations promulgated under this chapter; and 18-(d) Communicated to the distributor through written notice of them from the 19-owner. 20-(3) A distributor may sell to only those licensed retailers, religious, charitable, or 21-fraternal organizations located within its de signated geographical territory as 22-provided in this section and to the distributor's employees and to other distributors 23-of the same brand. A[No] brand or product name of malt beverage may not be sold 24-in the Commonwealth of Kentucky without prior written approval of the brewer and 25-supplier filed with the department. 26-(4) A territorial designation in any agreement between a distributor and brewer or 27-UNOFFICIAL COPY 26 RS BR 44-Page 85 of 111-XXXX 2/9/2026 2:54 PM Jacketed-supplier pursuant to this section shall be modified only in accordance with all the 1-rights and duties of the distributor and brewer or supplier contained in any written 2-agreement between them or by any other action of the brewer, supplier, or 3-distributor that is consistent with the terms of their agreement, and this modification 4-shall be filed pursuant to the provisions of this section. The board shall require each 5-party to verif y that the level of service within the designated territory will not be 6-adversely affected by the modification. When a distributor is prevented from selling 7-or servicing retailers within its territory due to natural disasters, labor disputes, or 8-other caus es beyond the distributor's control, the distributor may allow another 9-distributor of the same brand or named product of malt beverages to sell and service 10-that brand within its territory upon approval of the brewer or supplier. 11-(5) The[No] provisions of a ny agreement shall not expressly or impliedly establish or 12-maintain the resale price of any brand or product name of malt beverage by the 13-distributor, nor may any brewer or microbrewery: 14-(a) Adjust the price at which the brewer or microbrewery sells malt beverages to 15-a distributor based on the price at which a distributor resells malt beverages 16-to a retailer; or 17-(b) Seek to recover any percentage of the distributor's increase in price to a 18-retailer that may exceed the brewer's or microbrewery's recommended price 19-to that retailer. 20-(6) It shall be unlawful for any brewer or microbrewery to require any distributor to 21-accept delivery of any malt beverages or any other item or commodity that was 22-not ordered by the distributor or included in sales projections to t he brewer or 23-microbrewery that were agreed upon by the distributor. 24-(7) Each brewer or microbrewery contracting with a distributor shall submit an 25-affidavit to the distributor verifying that it will not, by any means, induce a 26-distributor to, or cause a di stributor to, waive or forego any rights granted or 27-UNOFFICIAL COPY 26 RS BR 44-Page 86 of 111-XXXX 2/9/2026 2:54 PM Jacketed-protected by this chapter with respect to the distributor's franchise. 1-(8) This section shall not be construed as encouraging or authorizing any unlawful 2-activity, including but not limited to violations of federal antitrust laws. 3-Section 35. KRS 131.250 is amended to read as follows: 4-(1) For the purpose of facilitating the administration of the taxes it administers, the 5-department may require any tax return, report, or statement to be electronically 6-filed. 7-(2) (a) A person required to electronically file a return, report, or statement may 8-apply for a waiver from the requirement by submitting the request on a form 9-prescribed by the department. 10-(b) The request shall indicate the lack of one (1) or more of the following: 11-1. Compatible computer hardware; 12-2. Internet access; or 13-3. Other technological capabilities determined relevant by the department. 14-(3) Beginning July 1, 2026, a licensee: 15-(a) Holding a microbrewery license a nd authorized to sell malt beverages under 16-KRS 243.157; and 17-(b) Required to pay the state regulatory license fees due pursuant to Sections 1 18-and 2 of this Act[: 19-1. Wholesale sales tax under KRS 243.884; and 20-2. Excise tax on malt beverages under KRS 243.720(3)]; 21- shall electronically submit any payment and tax return, report, or statement to the 22-department. 23-Section 36. KRS 139.010 is amended to read as follows: 24-As used in this chapter, unless the context otherwise provides: 25-(1) (a) "Admissions" means the fees paid for: 26-1. The right of entrance to a display, program, sporting event, music 27-UNOFFICIAL COPY 26 RS BR 44-Page 87 of 111-XXXX 2/9/2026 2:54 PM Jacketed-concert, performance, play, show, movie, exhibit, fair, or other 1-entertainment or amusement event or venue; and 2-2. The privilege of using facilities or participating in an event or activity, 3-including but not limited to: 4-a. Bowling centers; 5-b. Skating rinks; 6-c. Health spas; 7-d. Swimming pools; 8-e. Tennis courts; 9-f. Weight training facilities; 10-g. Fitness and recreational sports centers; and 11-h. Golf courses, both public and private; 12- regardless of whether the fee paid is per use or in any other form, 13-including but not limited to an initiation fee, monthly fee, membersh ip 14-fee, or combination thereof. 15-(b) "Admissions" does not include: 16-1. Any fee paid to enter or participate in a fishing tournament; or 17-2. Any fee paid for the use of a boat ramp for the purpose of allowing 18-boats to be launched into or hauled out from the water; 19-(2) "Advertising and promotional direct mail" means direct mail the primary purpose of 20-which is to attract public attention to a product, person, business, or organization, or 21-to attempt to sell, popularize, or secure financial support for a product, person, 22-business, or organization. As used in this definition, "product" means tangible 23-personal property, an item transferred electronically, or a service; 24-(3) "Business" includes any activity engaged in by any person or caused to be engaged 25-in by that p erson with the object of gain, benefit, or advantage, either direct or 26-indirect; 27-UNOFFICIAL COPY 26 RS BR 44-Page 88 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(4) "Commonwealth" means the Commonwealth of Kentucky; 1-(5) (a) "Cosmetic surgery services" means modifications to all areas of the head, 2-neck, and body to enhance appearance t hrough surgical and medical 3-techniques. 4-(b) "Cosmetic surgery services" does not include surgery services that are 5-medically necessary to reconstruct or correct dysfunctional areas of the face 6-and body due to birth disorders, trauma, burns, or disease; 7-(6) "Department" means the Department of Revenue; 8-(7) (a) "Digital audio -visual works" means a series of related images which, when 9-shown in succession, impart an impression of motion, with accompanying 10-sounds, if any. 11-(b) "Digital audio -visual works" include s movies, motion pictures, musical 12-videos, news and entertainment programs, and live events. 13-(c) "Digital audio -visual works" shall not include video greeting cards, video 14-games, and electronic games; 15-(8) (a) "Digital audio works" means works that result f rom the fixation of a series of 16-musical, spoken, or other sounds. 17-(b) "Digital audio works" includes ringtones, recorded or live songs, music, 18-readings of books or other written materials, speeches, or other sound 19-recordings. 20-(c) "Digital audio works" shall not include audio greeting cards sent by electronic 21-mail; 22-(9) (a) "Digital books" means works that are generally recognized in the ordinary and 23-usual sense as books, including any literary work expressed in words, 24-numbers, or other verbal or numerical sy mbols or indicia if the literary work 25-is generally recognized in the ordinary or usual sense as a book. 26-(b) "Digital books" shall not include digital audio -visual works, digital audio 27-UNOFFICIAL COPY 26 RS BR 44-Page 89 of 111-XXXX 2/9/2026 2:54 PM Jacketed-works, periodicals, magazines, newspapers, or other news or information 1-products, chat rooms, or weblogs; 2-(10) (a) "Digital code" means a code which provides a purchaser with a right to obtain 3-one (1) or more types of digital property. A "digital code" may be obtained by 4-any means, including electronic mail messaging or by tangible means, 5-regardless of the code's designation as a song code, video code, or book code. 6-(b) "Digital code" shall not include a code that represents: 7-1. A stored monetary value that is deducted from a total as it is used by the 8-purchaser; or 9-2. A redeemable card, gift card, or gift certificate that entitles the holder to 10-select specific types of digital property; 11-(11) (a) "Digital property" means any of the following which is transferred 12-electronically: 13-1. Digital audio works; 14-2. Digital books; 15-3. Finished artwork; 16-4. Digital photographs; 17-5. Periodicals; 18-6. Newspapers; 19-7. Magazines; 20-8. Video greeting cards; 21-9. Audio greeting cards; 22-10. Video games; 23-11. Electronic games; or 24-12. Any digital code related to this property. 25-(b) "Digital property" shall not include digital audio -visual works or satellite 26-radio programming; 27-UNOFFICIAL COPY 26 RS BR 44-Page 90 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(12) (a) "Direct mail" means printed material delivered or d istributed by United States 1-mail or other delivery service to a mass audience or to addressees on a mailing 2-list provided by the purchaser or at the direction of the purchaser when the 3-cost of the items are not billed directly to the recipient. 4-(b) "Direct mail" includes tangible personal property supplied directly or 5-indirectly by the purchaser to the direct mail retailer for inclusion in the 6-package containing the printed material. 7-(c) "Direct mail" does not include multiple items of printed material deli vered to 8-a single address; 9-(13) "Directly used in the manufacturing or industrial processing process" means the 10-process that commences with the movement of raw materials from storage into a 11-continuous, unbroken, integrated process and ends when the finishe d product is 12-packaged and ready for sale; 13-(14) (a) "Executive employee recruitment services" means services provided by a 14-person to locate potential candidates to fill open senior -level management 15-positions. 16-(b) "Executive employee recruitment services" in cludes but is not limited to 17-making a detailed list of client requirements, researching and identifying 18-potential candidates, performing prescreening interviews, and providing 19-contract and salary negotiations; 20-(15) (a) "Extended warranty services" means services provided through a service 21-contract agreement between the contract provider and the purchaser where the 22-purchaser agrees to pay compensation for the contract and the provider agrees 23-to repair, replace, support, o r maintain tangible personal property, digital 24-property, real property, or prewritten computer software access services 25-according to the terms of the contract. 26-(b) "Extended warranty services" does not include the sale of a service contract 27-UNOFFICIAL COPY 26 RS BR 44-Page 91 of 111-XXXX 2/9/2026 2:54 PM Jacketed-agreement for t angible personal property to be used by a small telephone 1-utility as defined in KRS 278.516 or a Tier III CMRS provider as defined in 2-KRS 65.7621 to deliver communications services as defined in KRS 136.602 3-or broadband; 4-(16) (a) "Finished artwork" means f inal art that is used for actual reproduction by 5-photomechanical or other processes or for display purposes. 6-(b) "Finished artwork" includes: 7-1. Assemblies; 8-2. Charts; 9-3. Designs; 10-4. Drawings; 11-5. Graphs; 12-6. Illustrative materials; 13-7. Lettering; 14-8. Mechanicals; 15-9. Paintings; and 16-10. Paste-ups; 17-(17) (a) "Gross receipts" and "sales price" mean the total amount or consideration, 18-including cash, credit, property, and services, for which tangible personal 19-property, digital property, or services are sold, leased, or rented, valued in 20-money, whether received in money or otherwise, without any deduction for 21-any of the following: 22-1. The retailer's cost of the tangible personal property, digital property, or 23-services sold; 24-2. The cost of the materials used, labor or se rvice cost, interest, losses, all 25-costs of transportation to the retailer, all taxes imposed on the retailer, or 26-any other expense of the retailer; 27-UNOFFICIAL COPY 26 RS BR 44-Page 92 of 111-XXXX 2/9/2026 2:54 PM Jacketed-3. Charges by the retailer for any services necessary to complete the sale; 1-4. Delivery charges, which are d efined as charges by the retailer for the 2-preparation and delivery to a location designated by the purchaser 3-including transportation, shipping, postage, handling, crating, and 4-packing; 5-5. Any amount for which credit is given to the purchaser by the retail er, 6-other than credit for tangible personal property or digital property traded 7-when the tangible personal property or digital property traded is of like 8-kind and character to the property purchased and the property traded is 9-held by the retailer for resale; and 10-6. The amount charged for labor or services rendered in installing or 11-applying the tangible personal property, digital property, or service sold. 12-(b) "Gross receipts" and "sales price" shall include consideration received by the 13-retailer from a third party if: 14-1. The retailer actually receives consideration from a third party and the 15-consideration is directly related to a price reduction or discount on the 16-sale to the purchaser; 17-2. The retailer has an obligation to pass the price reduction or discoun t 18-through to the purchaser; 19-3. The amount of consideration attributable to the sale is fixed and 20-determinable by the retailer at the time of the sale of the item to the 21-purchaser; and 22-4. One (1) of the following criteria is met: 23-a. The purchaser presents a coupon, certificate, or other 24-documentation to the retailer to claim a price reduction or discount 25-where the coupon, certificate, or documentation is authorized, 26-distributed, or granted by a third party with the understanding that 27-UNOFFICIAL COPY 26 RS BR 44-Page 93 of 111-XXXX 2/9/2026 2:54 PM Jacketed-the third party will reimburse any seller to whom the coupon, 1-certificate, or documentation is presented; 2-b. The price reduction or discount is identified as a third -party price 3-reduction or discount on the invoice received by the purchaser or 4-on a coupon, certificate, or other documentation presented by the 5-purchaser; or 6-c. The purchaser identifies himself or herself to the retailer as a 7-member of a group or organization entitled to a price reduction or 8-discount. A "preferred customer" card that is availab le to any 9-patron does not constitute membership in such a group. 10-(c) "Gross receipts" and "sales price" shall not include: 11-1. Discounts, including cash, term, or coupons that are not reimbursed by a 12-third party and that are allowed by a retailer and taken by a purchaser on 13-a sale; 14-2. Interest, financing, and carrying charges from credit extended on the 15-sale of tangible personal property, digital property, or services, if the 16-amount is separately stated on the invoice, bill of sale, or similar 17-document given to the purchaser; 18-3. Any taxes legally imposed directly on the purchaser that are separately 19-stated on the invoice, bill of sale, or similar document given to the 20-purchaser;[ or] 21-4. Local alcohol regulatory license fees authorized under KRS 243.075 that 22-are separately stated on the invoice, bill of sale, or similar document 23-given to the purchaser; or 24-5. State retail regulatory license fees imposed by Section 1 of this Act 25-that are stated separately on the invoice, bill of sale, or similar 26-document given to the purchaser. 27-UNOFFICIAL COPY 26 RS BR 44-Page 94 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(d) As used in this subsection, "third party" means a person other than the 1-purchaser; 2-(18) "In this state" or "in the state" means within the exterior limits of the 3-Commonwealth and includes all territory within these limits owned by or ce ded to 4-the United States of America; 5-(19) "Industrial processing" includes: 6-(a) Refining; 7-(b) Extraction of minerals, ores, coal, clay, stone, petroleum, or natural gas; 8-(c) Mining, quarrying, fabricating, and industrial assembling; 9-(d) The processing and packaging of raw materials, in -process materials, and 10-finished products; and 11-(e) The processing and packaging of farm and dairy products for sale; 12-(20) (a) "Lease or rental" means any transfer of possession or control of tangible 13-personal property for a fi xed or indeterminate term for consideration. A lease 14-or rental shall include future options to: 15-1. Purchase the property; or 16-2. Extend the terms of the agreement and agreements covering trailers 17-where the amount of consideration may be increased or decreas ed by 18-reference to the amount realized upon sale or disposition of the property 19-as defined in 26 U.S.C. sec. 7701(h)(1). 20-(b) "Lease or rental" shall not include: 21-1. A transfer of possession or control of property under a security 22-agreement or deferred paym ent plan that requires the transfer of title 23-upon completion of the required payments; 24-2. A transfer of possession or control of property under an agreement that 25-requires the transfer of title upon completion of the required payments 26-and payment of an opti on price that does not exceed the greater of one 27-UNOFFICIAL COPY 26 RS BR 44-Page 95 of 111-XXXX 2/9/2026 2:54 PM Jacketed-hundred dollars ($100) or one percent (1%) of the total required 1-payments; or 2-3. Providing tangible personal property and an operator for the tangible 3-personal property for a fixed or indeterminate period of time. To qualify 4-for this exclusion, the operator must be necessary for the equipment to 5-perform as designed, and the operator must do more than maintain, 6-inspect, or setup the tangible personal property. 7-(c) This definition shall apply regardless of the classification of a transaction 8-under generally accepted accounting principles, the Internal Revenue Code, or 9-other provisions of federal, state, or local law; 10-(21) (a) "Lobbying services" means the act of promoting or securing passage of 11-legislation or an attempt to influence or sway a public official or other public 12-servant toward a desired action, including but not limited to the support of or 13-opposition to a project or the passage, amendment, defeat, approval, or veto of 14-any legislation, regulation, rule, or ordinance.[;] 15-(b) "Lobbying services" includes but is not limited to the performance of 16-activities described as executive agency lobbying activities as defined in KRS 17-11A.201, activities described under the definition of lobby in KRS 6.611, and 18-any similar activities performed at the local, state, or federal levels; 19-(22) (a) "Machinery for new and expanded industry" means machinery: 20-1. Directly used in the manufacturing or industrial processing process of: 21-a. Tangible personal property at a plant facility; 22-b. Distilled spirits or wine at a plant facility or on the premises of a 23-distiller, rectifier, winery, or small farm winery licensed under 24-KRS 243.030 that include s a retail establishment on the premises; 25-or 26-c. Malt beverages at a plant facility or on the premises of a brewer or 27-UNOFFICIAL COPY 26 RS BR 44-Page 96 of 111-XXXX 2/9/2026 2:54 PM Jacketed-microbrewery licensed under KRS 243.040 that includes a retail 1-establishment; 2-2. Which is incorporated for the first time into: 3-a. A plant facility established in this state; or 4-b. Licensed premises located in this state; and 5-3. Which does not replace machinery in the plant facility or licensed 6-premises unless that machinery purchased to replace existing machinery: 7-a. Increases the consumptio n of recycled materials at the plant 8-facility by not less than ten percent (10%); 9-b. Performs different functions; 10-c. Is used to manufacture a different product; or 11-d. Has a greater productive capacity, as measured in units of 12-production, than the machinery being replaced. 13-(b) "Machinery for new and expanded industry" does not include repair, 14-replacement, or spare parts of any kind, regardless of whether the purchase of 15-repair, replacement, or spare parts is required by the manufacturer or seller as 16-a condition of sale or as a condition of warranty; 17-(23) "Manufacturing" means any process through which material having little or no 18-commercial value for its intended use before processing has appreciable 19-commercial value for its intended use after processing by the machinery; 20-(24) "Marketplace" means any physical or electronic means through which one (1) or 21-more retailers may advertise and sell tangible personal property, digital property, or 22-services, or lease tangible personal property or digital property, such as a catalog, 23-Internet website, or television or radio broadcast, regardless of whether the tangible 24-personal property, digital property, or retailer is physically present in this state; 25-(25) (a) "Marketplace provider" means a person, including any affili ate of the person, 26-that facilitates a retail sale by satisfying subparagraphs 1. and 2. of this 27-UNOFFICIAL COPY 26 RS BR 44-Page 97 of 111-XXXX 2/9/2026 2:54 PM Jacketed-paragraph as follows: 1-1. The person directly or indirectly: 2-a. Lists, makes available, or advertises tangible personal property, 3-digital property, or services f or sale by a marketplace retailer in a 4-marketplace owned, operated, or controlled by the person; 5-b. Facilitates the sale of a marketplace retailer's product through a 6-marketplace by transmitting or otherwise communicating an offer 7-or acceptance of a retail sale of tangible personal property, digital 8-property, or services between a marketplace retailer and a 9-purchaser in a forum including a shop, store, booth, catalog, 10-Internet site, or similar forum; 11-c. Owns, rents, licenses, makes available, or operates an y electronic 12-or physical infrastructure or any property, process, method, 13-copyright, trademark, or patent that connects marketplace retailers 14-to purchasers for the purpose of making retail sales of tangible 15-personal property, digital property, or services; 16-d. Provides a marketplace for making retail sales of tangible personal 17-property, digital property, or services, or otherwise facilitates retail 18-sales of tangible personal property, digital property, or services, 19-regardless of ownership or control of the t angible personal 20-property, digital property, or services, that are the subject of the 21-retail sale; 22-e. Provides software development or research and development 23-activities related to any activity described in this subparagraph, if 24-the software development o r research and development activities 25-are directly related to the physical or electronic marketplace 26-provided by a marketplace provider; 27-UNOFFICIAL COPY 26 RS BR 44-Page 98 of 111-XXXX 2/9/2026 2:54 PM Jacketed-f. Provides or offers fulfillment or storage services for a marketplace 1-retailer; 2-g. Sets prices for a marketplace retailer's sale of tangible personal 3-property, digital property, or services; 4-h. Provides or offers customer service to a marketplace retailer o r a 5-marketplace retailer's customers, or accepts or assists with taking 6-orders, returns, or exchanges of tangible personal property, digital 7-property, or services sold by a marketplace retailer; or 8-i. Brands or otherwise identifies sales as those of the ma rketplace 9-provider; and 10-2. The person directly or indirectly: 11-a. Collects the sales price or purchase price of a retail sale of tangible 12-personal property, digital property, or services; 13-b. Provides payment processing services for a retail sale of tangible 14-personal property, digital property, or services; 15-c. Through terms and conditions, agreements, or arrangements with a 16-third party, collects payment in connection with a retail sale of 17-tangible personal property, digital property, or services from a 18-purchaser and transmits that payment to the marketplace retailer, 19-regardless of whether the person collecting and transmitting the 20-payment receives compensation or other consideration in exchange 21-for the service; or 22-d. Provides a virtual currency that purchasers are allowed or required 23-to use to purchase tangible personal property, digital property, or 24-services. 25-(b) "Marketplace provider" includes but is not limited to a person that satisfies the 26-requirements of this subsection through the ownership, operation, o r control 27-UNOFFICIAL COPY 26 RS BR 44-Page 99 of 111-XXXX 2/9/2026 2:54 PM Jacketed-of a digital distribution service, digital distribution platform, online portal, or 1-application store; 2-(26) "Marketplace retailer" means a seller that makes retail sales through any 3-marketplace owned, operated, or controlled by a marketplace provider; 4-(27) (a) "Occasional sale" includes: 5-1. A sale of tangible personal property or digital property not held or used 6-by a seller in the course of an activity for which he or she is required to 7-hold a seller's permit, provided such sale is not one (1) of a series of 8-sales sufficient in number, scope, and character to constitute an activity 9-requiring the holding of a seller's permit. In the case of the sale of the 10-entire, or a substantial portion of the nonretail assets of the seller, the 11-number of previou s sales of similar assets shall be disregarded in 12-determining whether or not the current sale or sales shall qualify as an 13-occasional sale; or 14-2. Any transfer of all or substantially all the tangible personal property or 15-digital property held or used by a person in the course of such an activity 16-when after such transfer the real or ultimate ownership of such property 17-is substantially similar to that which existed before such transfer. 18-(b) For the purposes of this subsection, stockholders, bondholders, partn ers, or 19-other persons holding an interest in a corporation or other entity are regarded 20-as having the "real or ultimate ownership" of the tangible personal property or 21-digital property of such corporation or other entity; 22-(28) (a) "Other direct mail" means any direct mail that is not advertising and 23-promotional direct mail, regardless of whether advertising and promotional 24-direct mail is included in the same mailing. 25-(b) "Other direct mail" includes but is not limited to: 26-1. Transactional direct mail that c ontains personal information specific to 27-UNOFFICIAL COPY 26 RS BR 44-Page 100 of 111-XXXX 2/9/2026 2:54 PM Jacketed-the addressee, including but not limited to invoices, bills, statements of 1-account, and payroll advices; 2-2. Any legally required mailings, including but not limited to privacy 3-notices, tax reports, and stockholder reports; and 4-3. Other nonpromotional direct mail delivered to existing or former 5-shareholders, customers, employees, or agents, including but not limited 6-to newsletters and informational pieces. 7-(c) "Other direct mail" does not include the development of billing information or 8-the provision of any data processing service that is more than incidental to the 9-production of printed material; 10-(29) "Person" includes any individual, firm, copartnership, joint venture, association, 11-social club, fraternal organization, corporation, estate, trust, business trust, receiver, 12-trustee, syndicate, cooperative, assignee, governmental unit or agency, or any other 13-group or combination acting as a unit; 14-(30) "Permanent," as the term applies to digital property, means perpetual or for an 15-indefinite or unspecified length of time; 16-(31) (a) "Photography and photofinishing services" means: 17-1. The taking, developing, or printing of an original photograph; or 18-2. Image editing, including shadow removal, tone adjustments, vertical and 19-horizontal alignment and cropping, composite image creation, 20-formatting, watermarking printing, and delivery of an original 21-photograph in the form of tangible personal property, digital property, or 22-other media. 23-(b) "Photography and photofinishing services" does not include photography 24-services necessary for medical or dental health; 25-(32) "Plant facility" means a single location that is exclusively dedicated to 26-manufacturing or industri al processing activities. A location shall be deemed to be 27-UNOFFICIAL COPY 26 RS BR 44-Page 101 of 111-XXXX 2/9/2026 2:54 PM Jacketed-exclusively dedicated to manufacturing or industrial processing activities even if 1-retail sales are made there, provided that the retail sales are incidental to the 2-manufacturing or industrial processing activities occurring at the location. The term 3-"plant facility" shall not include any restaurant, grocery store, shopping center, or 4-other retail establishment; 5-(33) (a) "Prewritten computer software" means: 6-1. Computer software, including prewritten upgrades, that are not designed 7-and developed by the author or other creator to the specifications of a 8-specific purchaser; 9-2. Software designed and developed by the author or other creator to the 10-specifications of a specific purchaser when it is sold to a person other 11-than the original purchaser; or 12-3. Any portion of prewritten computer software that is modified or 13-enhanced in any manner, where the modification or enhancement is 14-designed and developed to the specifications of a specific purchaser, 15-unless there is a reasonable, separately stated charge on an invoice or 16-other statement of the price to the purchaser for the modification or 17-enhancement. 18-(b) When a person modifies or enhances computer software of which the person 19-is not the author or creator, the person shall be deemed to be the author or 20-creator only of the modifications or enhancements the person actually made. 21-(c) The combining of two (2) or more prewritten computer software programs or 22-portions thereof does not cause the combination to be o ther than prewritten 23-computer software; 24-(34) "Prewritten computer software access services" means the right of access to 25-prewritten computer software where the object of the transaction is to use the 26-prewritten computer software while possession of the pre written computer software 27-UNOFFICIAL COPY 26 RS BR 44-Page 102 of 111-XXXX 2/9/2026 2:54 PM Jacketed-is maintained by the seller or a third party, wherever located, regardless of whether 1-the charge for the access or use is on a per use, per user, per license, subscription, or 2-some other basis; 3-(35) (a) "Purchase" means any transf er of title or possession, exchange, barter, lease, 4-or rental, conditional or otherwise, in any manner or by any means 5-whatsoever, of: 6-1. Tangible personal property; 7-2. An extended warranty service; 8-3. Digital property transferred electronically; or 9-4. Services included in KRS 139.200; 10- for a consideration. 11-(b) "Purchase" includes: 12-1. When performed outside this state or when the customer gives a resale 13-certificate, the producing, fabricating, processing, printing, or imprinting 14-of tangible personal propert y for a consideration for consumers who 15-furnish either directly or indirectly the materials used in the producing, 16-fabricating, processing, printing, or imprinting; 17-2. A transaction whereby the possession of tangible personal property or 18-digital property i s transferred but the seller retains the title as security 19-for the payment of the price; and 20-3. A transfer for a consideration of the title or possession of tangible 21-personal property or digital property which has been produced, 22-fabricated, or printed to t he special order of the customer, or of any 23-publication; 24-(36) "Recycled materials" means materials which have been recovered or diverted from 25-the solid waste stream and reused or returned to use in the form of raw materials or 26-products; 27-UNOFFICIAL COPY 26 RS BR 44-Page 103 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(37) "Recycling pur poses" means those activities undertaken in which materials that 1-would otherwise become solid waste are collected, separated, or processed in order 2-to be reused or returned to use in the form of raw materials or products; 3-(38) "Remote retailer" means a retailer with no physical presence in this state; 4-(39) (a) "Repair, replacement, or spare parts" means any tangible personal property 5-used to maintain, restore, mend, or repair machinery or equipment. 6-(b) "Repair, replacement, or spare parts" does not include machine oils, grease, or 7-industrial tools; 8-(40) (a) "Retailer" means: 9-1. Every person engaged in the business of making retail sales of tangible 10-personal property, digital property, or furnishing any services in a retail 11-sale included in KRS 139.200; 12-2. Every person engaged in the business of making sales at auction of 13-tangible per sonal property or digital property owned by the person or 14-others for storage, use or other consumption, except as provided in 15-paragraph (c) of this subsection; 16-3. Every person making more than two (2) retail sales of tangible personal 17-property, digital pro perty, or services included in KRS 139.200 during 18-any twelve (12) month period, including sales made in the capacity of 19-assignee for the benefit of creditors, or receiver or trustee in bankruptcy; 20-4. Any person conducting a race meeting under the provision of KRS 21-Chapter 230, with respect to horses which are claimed during the 22-meeting. 23-(b) When the department determines that it is necessary for the efficient 24-administration of this chapter to regard any salesmen, representatives, 25-peddlers, or canvassers as the agents of the dealers, distributors, supervisors or 26-employers under whom they operate or from whom they obtain the tangible 27-UNOFFICIAL COPY 26 RS BR 44-Page 104 of 111-XXXX 2/9/2026 2:54 PM Jacketed-personal property, digital property, or services sold by them, irrespective of 1-whether they are making sales on their own behalf or on behalf of the dealers, 2-distributors, supervisors or employers, the department may so regard them and 3-may regard the dealers, distributors, supervisors or employers as retailers for 4-purposes of this chapter. 5-(c) 1. Any person making sales at a charita ble auction for a qualifying entity 6-shall not be a retailer for purposes of the sales made at the charitable 7-auction if: 8-a. The qualifying entity, not the person making sales at the auction, is 9-sponsoring the auction; 10-b. The purchaser of tangible personal property at the auction directly 11-pays the qualifying entity sponsoring the auction for the property 12-and not the person making the sales at the auction; and 13-c. The qualifying entity, not the person making sales at the auction, is 14-responsible for the collect ion, control, and disbursement of the 15-auction proceeds. 16-2. If the conditions set forth in subparagraph 1. of this paragraph are met, 17-the qualifying entity sponsoring the auction shall be the retailer for 18-purposes of the sales made at the charitable auction. 19-3. For purposes of this paragraph, "qualifying entity" means a resident: 20-a. Church; 21-b. School; 22-c. Civic club; or 23-d. Any other nonprofit charitable, religious, or educational 24-organization; 25-(41) "Retail sale" means any sale, lease, or rental for any purpos e other than resale, 26-sublease, or subrent; 27-UNOFFICIAL COPY 26 RS BR 44-Page 105 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(42) (a) "Ringtones" means digitized sound files that are downloaded onto a device 1-and that may be used to alert the customer with respect to a communication. 2-(b) "Ringtones" shall not include ringback tones or ot her digital files that are not 3-stored on the purchaser's communications device; 4-(43) (a) "Sale" means: 5-1. The furnishing of any services included in KRS 139.200; or 6-2. Any transfer of title or possession, exchange, barter, lease, or rental, 7-conditional or otherwise, in any manner or by any means whatsoever, 8-of: 9-a. Tangible personal property; or 10-b. Digital property transferred electronically; 11- for a consideration. 12-(b) "Sale" includes but is not limited to: 13-1. The producing, fabricating, processing, printing, or imprinting of 14-tangible personal property or digital property for a consideration for 15-purchasers who furnish, either directly or indirectly, the materials used 16-in the producing, fabricating, processing, printing, or imprinting; 17-2. A transaction whereby the possession of tangible personal property or 18-digital property is transferred, but the seller retains the title as security 19-for the payment of the price; and 20-3. A transfer for a consideration of the title or possession of tangible 21-personal property or digital property which has been produced, 22-fabricated, or printed to the special order of the purchaser. 23-(c) This definition shall apply regardless of the classification of a transaction 24-under generally accepted accounting principles, the Internal Revenue Code, or 25-other provisions of federal, state, or local law; 26-(44) "Seller" includes every person engaged in the business of selling tangible personal 27-UNOFFICIAL COPY 26 RS BR 44-Page 106 of 111-XXXX 2/9/2026 2:54 PM Jacketed-property, digital property, or services of a kind, the gross r eceipts from the retail 1-sale of which are required to be included in the measure of the sales tax, and every 2-person engaged in making sales for resale; 3-(45) (a) "Storage" includes any keeping or retention in this state for any purpose 4-except sale in the re gular course of business or subsequent use solely outside 5-this state of tangible personal property, digital property, or prewritten 6-computer software access services purchased from a retailer. 7-(b) "Storage" does not include the keeping, retaining, or exerc ising any right or 8-power over tangible personal property for the purpose of subsequently 9-transporting it outside the state for use thereafter solely outside the state, or 10-for the purpose of being processed, fabricated, or manufactured into, attached 11-to, or incorporated into, other tangible personal property to be transported 12-outside the state and thereafter used solely outside the state; 13-(46) "Tangible personal property" means personal property which may be seen, 14-weighed, measured, felt, or touched, or whic h is in any other manner perceptible to 15-the senses and includes natural, artificial, and mixed gas, electricity, water, steam, 16-and prewritten computer software; 17-(47) "Taxpayer" means any person liable for tax under this chapter; 18-(48) "Telemarketing service s" means services provided via telephone, facsimile, 19-electronic mail, text messages, or other modes of communications to another 20-person, which are unsolicited by that person, for the purposes of: 21-(a) 1. Promoting products or services; 22-2. Taking orders; or 23-3. Providing information or assistance regarding the products or services; 24-or 25-(b) Soliciting contributions; 26-(49) "Transferred electronically" means accessed or obtained by the purchaser by means 27-UNOFFICIAL COPY 26 RS BR 44-Page 107 of 111-XXXX 2/9/2026 2:54 PM Jacketed-other than tangible storage media; and 1-(50) (a) "Use" includes the exercise of: 2-1. Any right or power over tangible personal property or digital property 3-incident to the ownership of that property, or by any transaction in 4-which possession is given, or by any transaction involving digital 5-property or tangible person al property where the right of access is 6-granted; or 7-2. Any right or power to benefit from any services subject to tax under 8-KRS 139.200(2)(p) to (ax). 9-(b) "Use" does not include the keeping, retaining, or exercising any right or 10-power over: 11-1. Tangible personal property or digital property for the purpose of: 12-a. Selling tangible personal property or digital property in the regular 13-course of business; or 14-b. Subsequently transporting tangible personal property outside the 15-state for use thereafter solely outs ide the state, or for the purpose 16-of being processed, fabricated, or manufactured into, attached to, 17-or incorporated into, other tangible personal property to be 18-transported outside the state and thereafter used solely outside the 19-state; or 20-2. Prewritten computer software access services purchased for use outside 21-the state and transferred electronically outside the state for use thereafter 22-solely outside the state. 23-Section 37. KRS 243.045 is amended to read as follows: 24-(1) A transitional license may be issued by the state administrator or administrators 25-during the time a transfer of an ongoing business is being processed under the 26-following conditions: 27-UNOFFICIAL COPY 26 RS BR 44-Page 108 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(a) The purchaser shall file an application for a permanent license w ith the 1-appropriate local alcoholic beverage authority and with the department; 2-(b) The purchaser shall submit its license application to the department for 3-placement on the department's online listing [advertise its intention to apply 4-for a license] pursuant to KRS 243.360; and 5-(c) The purchaser shall pay all application fees for the permanent license. 6-(2) If the above requirements are met, the state administrator or administrators, as 7-appropriate, may issue a transitional license with a term of up to sixty (60) days, 8-plus one (1) thirty (30) day renewal license, to the purchaser for a processing fee set 9-forth in KRS 243.030 to 243.040. All transitional licenses immediately expire upon 10-the issuance to the purchaser of one (1) or more permanent licenses. 11-(3) Upon completion of the sale of the business, the purchaser shall not operate the 12-business on the seller's license. 13-(4) The transitional license shall not be transferable or used for an application to move 14-a business from one (1) location to another location. 15-(5) The transitional license shall entitle the holder to the same privileges and 16-restrictions of the permanent license or licenses for which the holder applied under 17-subsection (1)(a) of this section. 18-Section 38. KRS 243.430 is amended to read as follows: 19-(1) The state administrator may deny any application for a license if the application is 20-incomplete or the correct fee has not been remitted with the application. 21-(2) A license shall not be approved or issued until th e fourteen (14)[thirty (30)] day 22-period in which a protest is permissible has expired. Any license for which 23-department listing[public notice] under KRS 243.360 is required may conditionally 24-be issued in less than fourteen (14)[thirty (30)] days from the date the application is 25-received if the premises has previously operated under the same type of license 26-within the last twelve (12) months. 27-UNOFFICIAL COPY 26 RS BR 44-Page 109 of 111-XXXX 2/9/2026 2:54 PM Jacketed-(3) The state administrator shall deny, approve, or issue licenses when, in the sound 1-discretion of the administrator , all of the information necessary has been obtained 2-or the applicant has refused to provide requested information. 3-Section 39. KRS 243.790 is amended to read as follows: 4-The sale or distribution of alcoholic beverages o r cannabis -infused beverages 5-manufactured in or imported into this state for shipment permanently out of the state to 6-be sold without the state and consumed without the state shall not be subject to the state 7-regulatory license fees imposed by Sections 1, 2, and 3 of this Act or the tax imposed by 8-KRS 243.720. Provided, however, the Department of Revenue may, when necessary for 9-the purpose of control enforcement or protection of revenue, prescribe the conditions 10-under which containers of the alcoholic bever ages or cannabis -infused beverages for 11-shipment permanently out of the state to be sold without the state and consumed without 12-the state may be kept and trafficked in without payment of the tax. 13-Section 40. KRS 243.850 is amended to read as follows: 14-(1) For the purpose of assisting in the enforcement of Sections 1, 2, and 3 of this Act 15-and KRS 243.720, 243.730, 243.790, and 243.884, every licensee [, except 16-retailers], whether subject to the payment of state regulatory lic ense fees imposed 17-by Sections 1, 2, and 3 of this Act or the taxes imposed by KRS 243.720, 243.730, 18-243.790, and 243.884, shall, on or before the twentieth day of each month, render to 19-the Department of Revenue a statement, in writing, of all trafficking i n alcoholic 20-beverages or cannabis-infused beverages during the preceding month. 21-(2) The statement shall: 22-(a) Be taken directly from the records of the reporting licensee or manufacturer of 23-cannabis-infused beverages permitted by the Department for Public H ealth, 24-and shall set forth on forms furnished by the Department of Revenue the 25-required information; and 26-(b) Include alcoholic beverages or cannabis -infused beverages destined for sale 27-UNOFFICIAL COPY 26 RS BR 44-Page 110 of 111-XXXX 2/9/2026 2:54 PM Jacketed-outside the state, as well as alcoholic beverages or cannabis-infused beverages 1-subject to the state regulatory license fees imposed by Sections 1, 2, and 3 of 2-this Act or the tax imposed by KRS 243.720, 243.730, 243.790, and 243.884. 3-(3) The Department of Revenue shall have authority to require from retail licensees, 4-other licensees, and manufacturers of cannabis -infused beverages other reports and 5-statements at the necessary times for the enforcement of Sections 1, 2, and 3 of this 6-Act and KRS 243.720, 243.730, 243.790, and 243.884. 7-Section 41. KRS 243.990 is amended to read as follows: 8-(1) Any person who, by himself or herself or acting through another, directly or 9-indirectly, violates any of the provisions of KRS 243.020 to 243.670, for which no 10-other penalty is provided, sha ll, for the first offense, be guilty of a Class B 11-misdemeanor; and for the second and each subsequent violation, he or she shall be 12-guilty of a Class A misdemeanor. The penalties provided for in this subsection shall 13-be in addition to the revocation of the offender's license. 14-(2) Any person who, by himself or herself or through another, directly or indirectly, 15-violates subsection (1) of KRS 243.020 shall, for the first offense, be guilty of a 16-Class B misdemeanor; for the second offense, he or she shall be g uilty of a Class A 17-misdemeanor; and for the third and each subsequent offense, he or she shall be 18-guilty of a Class D felony. 19-(3) Any person who violates subsection (3) of KRS 243.020 shall be guilty of a 20-violation. 21-(4) Any person who violates KRS 243.620 with respect to a license issued under KRS 22-243.050 or 243.082 shall be guilty of a violation. 23-(5) Any person who violates any of the provisions of Section 2 of this Act [KRS 24-243.720 or 243.730] or any administrative regulation issued thereunder shall be 25-guilty of a Class A misdemeanor. 26-(6) Any person who violates any provision of Section 2 of this Act [KRS 243.710 to 27-UNOFFICIAL COPY 26 RS BR 44-Page 111 of 111-XXXX 2/9/2026 2:54 PM Jacketed-243.850] shall be subject to the uniform civil penalties imposed pursuant to KRS 1-131.180. 2-(7) In every case, any state wholesale regulatory license fee[tax] imposed by Section 2 3-of this Act [KRS 243.710 to 243.720] which is not paid on or before the due date 4-shall bear interest at the tax interest rate as defined in KRS 131.010(6) from the due 5-date until the date of payment. 6-(8) Any person who, by himself or herself or acting through another, directly or 7-indirectly, violates KRS 243.502(1) shall, for the first offense, be guilty of a Class 8-B misdemeanor, and for the second and each subsequent violation, he or she shall 9-be guilty of a Class A misdemeanor. The penalties provided for in this subsection 10-shall be in addition to the suspension or revocation of the offender's license. 11-(9) Any person who violates the provisions of KRS 243.897 shall be subject to a fine 12-not to exceed one thousand dollars ($1,000). 13-(10) Any vintage distilled spirits seller who, by himself or herself or acting through 14-another, directly or indirectly, violates any of the provisions of KRS 243.232(6) 15-shall: 16-(a) For the first offense, pay a five hundred dollar ($500) fine; 17-(b) For the second offense, pay a two thousand five hundred dollar ($2,500) fine; 18-and 19-(c) For the third and each subsequent offense, pay a five thousand dollar ($5,000) 20-fine. 21-Section 42. Sections 1 to 5, 10, 16, 19, 20, 26 to 32, 35, 36, and 39 to 41 of this 22-Act take effect July 1, 2027. 23-Section 43. Whereas alcoholic beverages require prompt regulation and 24-enforcement, an emergency is declared to exist, and Sections 6, 11, 12, 13, 25, 37, and 38 25-of this Act take effect upon its passage and approval by the Governor or upon its 26-otherwise becoming a law. 27+Page 1+Local Government Mandate Statement+Kentucky Legislative Research Commission+2026 Regular Session++Part I: Measure Information++Bill Request #: 44 Bill #: HB 612+Document ID #: 5162 Sponsor: Rep. Matthew Koch+Bill Title: AN ACT relating to regulated substances and declaring an emergency.++Unit of ☒ City ☒ County ☒ Urban-County+Government: ☒ Charter County ☒ Consolidated Local ☒ Unified Local++Office(s) Impacted: All with regulatory license fees++Requirement: ☒ Mandatory ☐ Optional++Effect on Powers+& Duties:++☒ Modifies Existing ☒ Adds New ☐ Eliminates Existing++Other Fiscal Statement(s)+that may exist:+☐ Actuarial Analysis ☒ Corrections Impact+☐ Health Benefit Mandate ☐ State Employee Health Plan++Part II: Bill Provisions and the Estimated Fiscal Impact Relating to Local Government++HB 612 updates how Kentucky regulates and taxes alcoholic beverages, hemp-derived+cannabinoid products, and kratom. It creates several new statewide regulatory license+fees on retailers and wholesalers beginning July 1, 2027, replacing the current wholesale+tax structure.++Section 1 creates a state retail regulatory license fee beginning July 1, 2027.+Retailers selling alcoholic beverages must pay 4% of their gross receipts from those sales.+The fee can be listed separately on a sales receipt, but the retailer is responsible for+remitting the fee to the Department of Revenue. Monthly reporting is required.++Section 2 establishes a wholesale-level regulatory license fee starting July 1, 2027. The+fee is based on the amount of alcohol in beverages. For alcohol, wholesalers pay $0.004+per mL of alcohol content. Microbreweries are given a different rate structure with+exemptions for small self-distributors.++Page 2+Section 3 imposes new fees on retailers selling kratom and hemp-derived cannabinoid+products beginning July 1, 2027. Fees are based on the milligrams of active ingredients+like mitragynine or THC. Retailers must file monthly reports and keep detailed records.++Section 4 would create a new Class A misdemeanor for violations of Sections 2 and 3.++Section 16 repeals and replaces KRS 243.075, which governs city and county regulatory+license fees on alcohol sales. The new system:++• Allows cities and counties to impose a local fee on gross receipts from alcohol+and cannabis-infused beverage sales to support local emergency services and+administrative costs associated with enforcing the fee.+• Limits maximum rates depending on when the area became wet.+• Requires funds to be placed in a segregated account and used only for law+enforcement, regulation, administration, and (in some cases) emergency services.+• Requires regular audits by the Auditor of Public Accounts.+• Establishes consequences for improper use of funds.++The fiscal impact of HB 612 on local government is indeterminable but likely+positive and negative.++This bill allows local governments to charge fees on alcoholic beverages and cannabis+infused beverages, which means localities may see new revenue streams from these+products by the expansion of this legislation.++Cities and counties may continue to charge a regulatory license fee on gross receipts from+alcoholic and cannabis infused beverages, but the bill sets new limits on how much they+can collect and how those funds may be used. Local governments that were already+imposing such a fee before the bill may charge up to 3%. Communities imposing the fee+for the first time after the bill takes effect are limited to a maximum rate of 1%. Some+jurisdictions may experience a revenue reduction if they previously charged more than+allowed. Others may see new revenue if they had not imposed a fee before. The funds+may be used to support local emergency services and to reimburse local governments for+the estimated cost of policing, regulating, and administrating the sale of alcoholic+beverages or cannabis infused beverages in their jurisdictions.++Every local government that collects these fees must undergo an audit every three years+and must pay for the audit using its segregated fund. If the audit finds misuse or+noncompliance, localities may be forced to lower its fee to 1%, reimburse the segregated+fund or lose the ability to impose the fee altogether. If a local government fails to file the+annual report on time, all revenue from the previous year must be forfeited to the Auditor+of Public Accounts, resulting in a potential loss of revenue of reporting deadlines are+missed.++Section 4 would create a new Class A misdemeanor for violations of Sections 2 and 3 of+HB 612. A person convicted of a Class A misdemeanor may be incarcerated for up to+Page 3+twelve months. Misdemeanants are housed in one of Kentucky’s 74 full-service jails or+three life safety jails. While the expense of housing inmates varies by jail, this estimated+impact will be based on an average cost to incarcerate of $47.43 per day. While the+majority of misdemeanor defendants are granted bail, those who do not will also cost+local jails an average cost to incarcerate of $47.43 per day.++Data Source(s): LRC Staff++Preparer: JB Reviewer: HT (MDA) Date: 3/9/26
Diffs are computed deterministically from extracted bill text and show additions, deletions, and section moves. Scanned-PDF text extracted via OCR is flagged where confidence is low; see methodology.