Vote Smart's Synopsis:

Vote to pass a bill that amends shipping laws for out of state distillers, wineries, and breweries to send directly to people's homes.

Highlights:

• Authorizes a direct shipper licensee to sell or ship to a consumer, all types of alcoholic beverages that the licensee is authorized to sell, with the following limits (Sec. 2):

• Distilled spirits, in quantities not to exceed 10 liters per consumer per month; 

• Wine, in quantities not to exceed 10 cases per consumer per month; and

• Malt beverages, in quantities not to exceed 10 cases per consumer per month. 

• Requires the Department of Alcoholic Beverage Control (ABC) to issue a direct shipper license to a successful applicant that (Sec. 1):

• Is a manufacturer located in this state or any other state, or a licensed alcoholic beverage supplier that:

• Holds a current license, permit, or other authorization to manufacture alcoholic beverages in the state where the manufacturer is located; and

• Only ships alcoholic beverages that are sold under a brand name owned or exclusively licensed to the manufacturer and the alcoholic beverages were:

• Produced by the manufacturer; 

• Produced for or by the manufacturer under an existing written contract with another manufacturer; or

• Produced and bottled for the manufacturer;

• Pays an annual license fee of $100; and

• If a manufacturer applicant is located outside of the state, proves that it has completed the same registration necessary for a manufacturer located in this state with respect to payment of any applicable excise tax, state or local sales tax, or other tax owed under Kentucky law in connection with the direct shipment of alcoholic beverages to consumers in this state.

• Specifies that a direct shipper license authorizes the holder to ship alcoholic beverages directly to consumers (Sec. 1).

• Requires the direct shipper licensee to notify the consumer placing the order that the shipment will not be left unless the recipient of the shipment provides a valid ID verifying they are at least 21 years of age (Sec. 2).

• Specifies that a consumer who intentionally causes shipment to an address deemed unlawful will (Sec. 2):

• For the first offense, be guilty of a violation punishable by a $250 fine; and 

• For each subsequent offense, be guilty of a violation punishable by a $500 fine.

• Requires ABC to set the requirements and the form for a direct shipper license application, and must include the following (Sec. 1):

• The address and a description of the premises from which the manufacturer or supplier will ship alcoholic beverages to consumers;

• If the applicant is located outside of the state, a copy of the applicant’s current license, permit, or other authorization to manufacture or supply alcoholic beverages in the state where the applicant is located; and

• Any other information ABC determines is necessary.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends shipping laws for out of state distillers, wineries, and breweries to send directly to people's homes.

Highlights:

• Authorizes a direct shipper licensee to sell or ship to a consumer, all types of alcoholic beverages that the licensee is authorized to sell, with the following limits (Sec. 2):

• Distilled spirits, in quantities not to exceed 10 liters per consumer per month; 

• Wine, in quantities not to exceed 10 cases per consumer per month; and

• Malt beverages, in quantities not to exceed 10 cases per consumer per month. 

• Requires the Department of Alcoholic Beverage Control (ABC) to issue a direct shipper license to a successful applicant that (Sec. 1):

• Is a manufacturer located in this state or any other state, or a licensed alcoholic beverage supplier that:

• Holds a current license, permit, or other authorization to manufacture alcoholic beverages in the state where the manufacturer is located; and

• Only ships alcoholic beverages that are sold under a brand name owned or exclusively licensed to the manufacturer and the alcoholic beverages were:

• Produced by the manufacturer; 

• Produced for or by the manufacturer under an existing written contract with another manufacturer; or

• Produced and bottled for the manufacturer;

• Pays an annual license fee of $100; and

• If a manufacturer applicant is located outside of the state, proves that it has completed the same registration necessary for a manufacturer located in this state with respect to payment of any applicable excise tax, state or local sales tax, or other tax owed under Kentucky law in connection with the direct shipment of alcoholic beverages to consumers in this state.

• Specifies that a direct shipper license authorizes the holder to ship alcoholic beverages directly to consumers (Sec. 1).

• Requires the direct shipper licensee to notify the consumer placing the order that the shipment will not be left unless the recipient of the shipment provides a valid ID verifying they are at least 21 years of age (Sec. 2).

• Specifies that a consumer who intentionally causes shipment to an address deemed unlawful will (Sec. 2):

• For the first offense, be guilty of a violation punishable by a $250 fine; and 

• For each subsequent offense, be guilty of a violation punishable by a $500 fine.

• Requires ABC to set the requirements and the form for a direct shipper license application, and must include the following (Sec. 1):

• The address and a description of the premises from which the manufacturer or supplier will ship alcoholic beverages to consumers;

• If the applicant is located outside of the state, a copy of the applicant’s current license, permit, or other authorization to manufacture or supply alcoholic beverages in the state where the applicant is located; and

• Any other information ABC determines is necessary.

Full Bill Text