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KRS 243.240

Business authorized by quota retail package license -- Delivery of alcoholic beverages purchased on premises by consumers

Applied in 4 court decisions — leading case Pearl v. Marshall (1973)

Most recently applied in City of Ashland v. Kentucky Alcoholic Beverage Control Board (May 1998)

History: Amended 2022 Ky

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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) A quota retail package license shall authorize the licensee to:

(a) Purchase, receive, possess, and sell distilled spirits and wine at retail in unbroken packages only, and only for consumption off the licensed premises;

(b) Deliver to the consumer, at the consumer's request, alcoholic beverages that are purchased from the licensed premises, in quantities not to exceed four and one-half (4 1/2) liters of distilled spirits and four (4) cases of wine per consumer per day for sales prior to January 1, 2021, and in quantities not to exceed an aggregate of nine (9) liters of distilled spirits and four (4) cases of wine per consumer per day on and after January 1, 2021; and (c) 1. Sell distilled spirits and wine in unbroken packages only at fairs and festivals held in wet territory if the fair or festival is located in the same county as the quota retail package license holder's licensed premises; and 2. Notwithstanding KRS 243.0307, sell and provide samples of distilled spirits and wine at fairs and festivals held in wet territory if the fair or festival is located in the same county as the quota retail package license holder's licensed premises.

(2) The licensee shall purchase distilled spirits and wine in retail packages only and only from:

(a) Licensed wholesalers;

(b) Those licensees authorized to sell distilled spirits and wine by the package at retail, but only if the distilled spirits and wine have first gone through the three (3) tier system; or (c) From a distillery souvenir gift shop.

(3) The restrictions and permissions for sales to quota retail package licensees and to consumers that are authorized under KRS 243.0305(4) shall supersede any conflicting provisions of this section. Effective:March 29, 2022

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