(1) A sampling license may be issued to the holder of:
(a) A quota retail drink license;
(b) A quota retail package license;
(c) A nonquota retail malt beverage package license;
(d) An NQ1 license;
(e) An NQ2 license;
(f) An NQ4 retail malt beverage drink license; or (g) A distiller's license.
(2) A sampling license shall authorize the licensee to allow customers to sample, free of charge, distilled spirits, wine, and malt beverages under the following conditions:
(a) Sampling shall be permitted only on licensed premises and by licensees holding a sampling license, during regular business hours;
(b) A distillery shall provide samples as authorized by KRS 243.0305;
(c) All other licensees shall limit a customer to:
1. One (1) ounce of distilled spirits samples per day;
2. Six (6) ounces of wine samples per day; or 3. Twelve (12) ounces of malt beverage samples per day; and (d) A brewer, microbrewery, or out-of-state malt beverage supplier may conduct a sampling of malt beverages as permitted by this section at the licensed premises of a retailer licensee holding a sampling license.
(3) Retailers holding a sampling license shall:
(a) Notify the Department of Alcoholic Beverage Control at least seven (7) days in advance of conducting a free sampling event; and (b) Limit a sampling event to a period not to exceed four (4) consecutive hours between 12 noon and 8 p.m.
(4) In addition to free sampling, a quota retail package licensee holding a sampling license may also sell sample distilled spirits and wine under the following conditions:
(a) Paid samples may be sold only on licensed premises and by licensees holding a sampling license, during regular business hours; and (b) A licensee shall limit a customer to purchased samples totaling no more than:
1. Two (2) ounces of distilled spirits per day; and 2. Nine (9) ounces of wine per day.
(5) A quota retail package licensee holding both a sampling license and a nonquota retail malt beverage package license may also sell samples of malt beverages under the following conditions:
(a) Paid samples may be sold only on licensed premises and by licensees holding a sampling license, during regular business hours;
(b) A licensee shall limit a customer to no more than sixteen (16) ounces of malt beverages per day; and (c) The retail price of a sample shall not be less than a licensee's purchase cost of the sample.
(6) No customer shall be allowed to receive a combination of free and purchased samples totaling more than:
(a) Two (2) ounces of distilled spirits per day; and (b) Nine (9) ounces of wine per day.
(7) Free and paid samples provided under this section shall not constitute drink sales.