Public-domain · open source
OpenJurist

KRS 243.110

Incompatible licenses

Applied in 5 court decisions — leading case 5 Cal. 3d 402 - California Beer Wholesalers Ass'n v. Alcoholic Beverage Control Appeals Board (1971)

Most recently applied in Cherry Hill Vineyards, LLC v. Hudgins (December 2006)

Effective: June 27, 2025 History: Amended 2025 Ky

How often courts cite this section

195719601970198019902000200610
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) Except as provided in subsection (3) of this section, each kind of license listed in KRS 243.030 shall be incompatible with every other kind listed in that section and no person or entity holding a license of any of those kinds shall apply for or hold a license of another kind listed in KRS 243.030.

(2) (a) Each kind of license listed in KRS 243.040(1), (3), or (4) shall be incompatible with every other kind listed in KRS 243.040(1), (3), or (4), and no person holding a license of any of those kinds shall apply for or hold a license of any other kind listed in KRS 243.040(1), (3), or (4).

(b) A brewery holding a license listed in KRS 243.040(5) or (8) shall not apply for or hold a license listed in KRS 243.040(3) or (4).

(3) (a) The holder of a quota retail package license may also hold a quota retail drink license, an NQ1 retail drink license, an NQ2 retail drink license, an NQ3 retail drink license, a cannabis-infused beverage retail package license, or a special nonbeverage alcohol license.

(b) The holder of a transporter's license may also hold a distilled spirits and wine storage license.

(c) The holder of a distiller's license may also hold a rectifier's license, a special nonbeverage alcohol license, a winery license, or a small farm winery license.

(d) A commercial airline system or charter flight system retail license, a commercial airline system or charter flight system transporter's license, and a retail drink license if held by a commercial airline or charter flight system may be held by the same licensee.

(e) A Sunday retail drink license, vintage distilled spirits license, and supplemental license may be held by the holder of a primary license.

(f) The holder of a distiller's, winery, small farm winery, brewer, microbrewery, distilled spirits and wine supplier's, or malt beverage supplier's license may also hold a direct shipper license.

(g) The holder of an NQ1 retail drink license, an NQ2 retail drink license, an NQ3 retail drink license, a quota retail drink license, or a limited restaurant license may also hold a limited nonquota package license.

(4) (a) The holder of a cannabis-infused beverage retail package license shall not apply for or hold the license listed in KRS 243.030(5) or 243.040(3).

(b) The holder of a cannabis-infused beverage retail package license shall also hold a quota retail package license.

(c) The holder of a cannabis-infused beverage distributor's license may hold it as a primary license or as a supplemental license to a distributor's license or a wholesaler's license.

(5) Any person may hold two (2) or more licenses of the same kind.

(6) A person or entity shall not evade the prohibition against applying for or holding licenses of two (2) kinds by applying for a second license through or under the name of a different person or entity. The state administrator shall examine the ownership, membership, and management of applicants, and shall deny the application for a license if the applicant is substantially interested in a person or entity that holds an incompatible license.

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