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KRS 242.250

Distributing, soliciting or receiving contracts or orders in dry territory prohibited, when -- Same prohibition on contracts or orders to any moist territory unless sale of alcoholic beverages specifically authorized under limited local option election -- Immunity for licensed common carriers -- Absolute defense

Applied in 5 court decisions — leading case Crowder v. Schlitz Brewing Co. Etc. (1943)

Most recently applied in Commonwealth v. Whitlow (October 1949)

Effective: April 13, 2018 History: Amended 2018 Ky

How often courts cite this section

1942194910
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) No person, while representing either the buyer or seller, shall distribute, solicit, or receive contracts, proposals, or orders for the purchase or sale of any alcoholic beverages, or distribute any handbills or posters advertising them in dry territory.

(2) Each act of distributing, soliciting, or receiving contracts, proposals, or orders as denounced in subsection (1), and each day in which advertising matter is distributed, shall constitute a separate offense.

(3) This chapter shall not prevent any manufacturer of or wholesale dealer in alcoholic beverages, or any authorized agent of either from making contracts of barrel, case, or package lots in any dry or moist territory, if his or her distilleries, breweries, wineries, or warehouses are located in that territory and his or her products are to be shipped into territory, either within or without the state, where alcoholic beverages may lawfully be sold.

(4) Subsections (1) and (2) of this section shall also apply to moist territory unless the sale of the alcoholic beverage in question has been specifically authorized in that moist territory under a limited local option election.

(5) No properly licensed common carrier or any of its employees acting on behalf of a consignor shall be liable for a violation of this section.

(6) Proof that the purchaser represented in writing that the delivery address is located in wet territory shall be an absolute defense to a violation of this section on behalf of a retailer, winery, small farm winery, or distillery in connection with the delivery or shipment of alcoholic beverages purchased at retail.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.