In What States Is Moonshine Legal? - Información de la cerveza

Where is Moonshine Legal? – Even though there is a federal law against moonshine, there are several states that still allow it. it. In Alaska, Arizona, Massachusetts, and Missouri, you can produce moonshine for personal consumption only. Arizona requires a permit to produce your own moonshine.

Massachusetts mandates that moonshine is consumed on your own property only. Any transporting will be seen as an attempt to sell, which will result in steep fines. Missouri puts a 200 gallon per year on the amount of moonshine that can be produced. North Dakota has an interesting law regarding the production and consumption of moonshine.

State law makes it legal to produce personal-use moonshine with one limitation; people can only produce up to the federally allowed number of gallons. Since the federal law bans moonshine production, this means people could produce zero gallons.

Contents

1 Is moonshine legal in the USA?
- 1.1 Is moonshine legal in California?
2 Is moonshine illegal in Tennessee?
3 Can you own a still in Utah?
4 Is moonshine illegal in Kentucky?

Is moonshine legal in the USA?

Moonshine has been having something of a renaissance. The colloquial term for clear, non-barrel-aged whiskey — and occasionally other home-distilled spirits — has sparked curiosity in a younger generation of drinkers, prompting books on DIY booze- making, and fancy whiskey brands touting “moonshine” in their name.

There’s even a Discover Channel show, Moonshiners, which shines a spotlight on the American folk tradition of home-brewed craft whiskey.
Still, if you’re thinking of taking up moonshine-making as your next hobby, you might want to think again.
The production of moonshine — or really any spirit — without a license is prohibited by the U.S.

government and is very much illegal, Although you might see ” moonshine ” sitting on your local liquor store shelves, it’s not exactly the most accurate moniker for a bottled brand. Clear whiskey in the style of moonshine might be for sale, but technically speaking, moonshine is moonshine because it’s produced illicitly.

In fact, American bootleggers can face jail time for operating seemingly innocent home distilleries. The federal law states that breaking it can have offenders facing multiple federal felonies, including tax evasion, which can result in up to 10 years in prison on top of seizure and forfeiture of the land used for the illegal activity.

Some moonshiners in the Cumberland Gap. NPS

Is moonshine legal in California?

California Requirements – Personal use and ownership of a still is illegal under California law. Rather, in conjunction with registering on the federal level, an owner of a still must also acquire an appropriate business license for the use of the still.

This is the case in almost all of the states. Specifically, in California, you are required to obtain a license from the Department of Alcoholic Beverage Control for mere possession of the still. But that license will only be issued in conjunction with acquiring an appropriate license for the use of the still – either a Distilled Spirits Manufacturer, Distilled Spirits Manufacturer Agent, or a Craft Distiller license.

Those licenses are all separate and distinct, and cannot be held all by a single person or entity:

Distilled Spirits Manufacturer – License Type 4. This is the original distilling license. The functions of this type of license, in addition to that of unlimited production, include packaging, bottling, rectifying, flavoring, of their own-produced or other distilled spirits. It does not include the production, packaging, bottling, rectifying, or flavoring of beer or wine. On-site tastings are permitted – of both that which was distilled by the licensee or others.
Distilled Spirits Manufacturer Agent – License Type 5. It permits the license holder to possess and export distilled spirits, as well as package, sell, or deliver distilled spirits to other manufacturers. rectifiers, or wholesalers of distilled spirts. It also permits the license holder to participate in the cutting, blending, mixing, flavoring, or coloring process of distilled spirits.
Craft Distiller – License Type 74. It permits a license holder to produce up to 100,000 gallons of distilled spirits annually. It also allows distilleries to sell up to three 750-ml bottles per customer per day on site and to open an on-site bar or restaurant and have tastings where they can make cocktails and mixed drinks. However, they are limited to only using the distilled spirits that they produced.

The original application fee and annual fee thereafter are the same for each license type.

Is moonshine illegal in Tennessee?

1/1/2015 last updated

It is illegal to own a still for the purpose of distilling moonshine in the state of Tennessee. The law is specific about the use for manufacturing ethanol, but not about owning a still, or using a still for distilling water, essential oils, etc. Because it is specific to only alcohol manufacturing it should be legal to own a still as long as it is not use to manufacture alcohol.39-17-707.

(a) It is unlawful for any person to have possession or control of any still or other apparatus, or part of any still or other apparatus, used or intended to be used for the purpose of manufacturing intoxicating liquor as prohibited by law. (b) A violation of this section is a Class B misdemeanor.

Tennessee does offer a fuel alcohol license. It does not seem to require a distiller’s license and does not cost anything for fewer than 1,000 gallons. You can manufacture up to 2,500 gallons for a cost of $100. Tennessee application and permit for production of fuel alcohol a Tennessee distillers license costs $1,000 per year and a $300 application fee.

No micro distillery license seems to be available.
Forms can be found here There are several licenses you need to request to legally manufacture spirits.
Below are the federal licenses only.
Additional state requirements will need to be followed as well.
You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit,

This license only allows you to produce spirits. You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license,39-17-707.

39-17-706. Manufacture of alcoholic beverages

(a) It is unlawful for any person, company, or other entity to manufacture intoxicating beverages unless authorized by law to do so; provided, that this section shall not be construed to prohibit the manufacture of alcohol for use as a fuel to power motor-driven vehicles and machinery or for heating purposes or of not less than one hundred eighty-eight (188) proof for chemical, pharmaceutical, medical, and bacteriological purposes. (b) A violation of this section is a Class A misdemeanor.

Current federal laws allow citizens the right to own a still and operate it for non-alcohol production. This means legally you can:

Can you own a still in Utah?

It is illegal to own a still, regardless of its intended use in the state of Utah.

Can I make moonshine in Ohio?

MOONSHINING BASICS And is it legal in Ohio? Since we’ve started this feature, we’ve had a lot of people asking the same two basic questions – #1 What is Moonshining, and what’s involved? How does it work? #2 – Is it legal? What is Moonshining? Distillation is basically a process used to separate a mixture into base elements.

Whether you are distilling water, vinegar, fuel, perfume, or alcohol, you are separating the vapors to collect only the part you want.
A distillation unit, which can be called a moonshine still even if you’re not making moonshine, works by boiling a liquid.
This separates the “pieces” that the liquid into different parts.

You collect only the pieces you want and discard the rest. You can precisely decide which pieces you collect because each compound boils at a different temperature. There are two main different types of distilling methods depending on what you want for your final product.

Pot distilling is what you use when you want to keep a lot of the flavors that you got from fermenting.
Pot distilling is for making moonshine, whisky, rum, brandy, and fruit schnapps.
Reflux distilling is what you use when you want something with a really high proof but as flavorless and odorless as possible.

Vodka and fuel alcohol are made by using reflux distillation. Is it LEGAL in Ohio? It is illegal to produce Moonshine without the proper license in Ohio If you’re planning to make moonshine you will need to get a license from the state of Ohio. A change in Ohio law in 2011 eased regulations regarding micro-distilleries in the state, and since then numerous small-batch producers have opened shop.

Under Ohio law, the illegal manufacture of moonshine is a first-degree misdemeanor, unless certain toxins are found in the product.
If poisons are detected, it could raise the penalty to a fourth-degree felony.
Under Ohio law, it.
It is legal for individuals to produce wines, beer and hard cider, which have a substantially lower alcohol content.

While individuals of legal drinking age may produce wine or beer at home for personal or family use, Federal law strictly prohibits individuals from producing distilled spirits at home (see 26 United States Code (U.S.C.) 5042(a)(2) and 5053(e)). Producing distilled spirits at any place other than a TTB-qualified distilled spirits plant can expose you to Federal charges for serious offenses and lead to consequences.

PLEASE NOTE: Our column is meant to entertain and NOT provide LEGAL ADVICE. Please consult others – for current and more detailed explanations of the legality and intricacies of moonshining. Neither the author, publishers, or their sponsors are responsible for the accuracy of the information provided or the behavior of our readers.

: MOONSHINING BASICS

Where in the U.S. is it legal to distill alcohol?

Where is it Legal to Distill Your Own Alcohol? – Distilling your own alcohol for commercial purposes at home is illegal in the United States at a federal level. No matter what a state’s law may say, you cannot manufacture your own alcohol if you plan to make it available for sale.

Federal law does allow private citizens to own a still to make non-alcohol products, such as perfume and fuel, as long as they have the correct license. Many states have their own laws regarding distilling alcohol for personal use. It is legal to distill alcohol in Alaska, Arizona, Maine, Massachusetts, Michigan, Missouri, Ohio, and Rhode Island,

Iowa has no laws about distilling homemade alcohol, so it isn’t explicitly illegal there. Because homemade alcohol is not available for commercial use, it generally must be consumed at the residence where it is produced. Twenty-nine states allow individuals to transport their homemade alcohol products to a contest, such as at a fair, to be judged.

Is moonshine legal in Mississippi?

1/1/2015 last updated

While technically it is legal to distill water, Rosin, essential oils (that do not produce ethanol byproducts) owning a still in Mississippi is illegal and carries ridiculous fines and penalties, with the first offense having a minimum sentence of 12 months, and up to 36 months in the state penitentiary.

If it is found that a still could have been or could be used in the production of moonshine chances are you will be found guilty.67-1-10 – Penalties for owning, controlling or possessing illegal distillery, or parts thereof; exceptions It shall be unlawful for any person, firm or corporation to own or control or have in such person’s, firm’s or corporation’s possession any distillery commonly called a still or any integral part thereof.

It shall not be unlawful to own or have in possession a distillery or still in the following circumstances:

(a) Where the same is used exclusively for the distillation of rosin products; (b) Where the same is used exclusively for the distillation of water; (c) Where the same is kept and lawfully used in any laboratory; (d) Where the same is in the possession of any officers of the law, to be disposed of according to law; or (e) Where the person or corporation can prove that the same is in his or their possession for the purpose of being delivered up to an officer of the law to be disposed of according to law. Any person guilty of violating this section shall be guilty of a felony and upon conviction thereof shall be confined in the State Penitentiary not less than one (1) year, nor more than three (3) years for a first offense, and for a second offense he shall be confined in the State Penitentiary not less than five (5), nor more than ten (10) years.

Because of the restrictions of owning a still it is illegal to produce ethanol without a federal license and may not be legal at all in this state. I was unable to find any information specific to licenses to manufacture ethanol fuel. Mississippi only offers 1 type of license for operating a distillery and costs $9,025 per year.

Also Mississippi has many dry counties which may or may not allow a distillery to be run (34 out of 82 total are dry counties).
Mississippi ABC licenses There are several licenses you need to request to legally manufacture spirits.
Below are the federal licenses only.
Additional state requirements will need to be followed as well.

You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit, This license only allows you to produce spirits. You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license,

If found in the possession of moonshine or a still not only can the still and spirits be confiscated, but your house/property can be seized or if transporting spirits or equipment your vehicle as well.67-1-10 – Penalties for owning, controlling or possessing illegal distillery, or parts thereof; exceptions It shall be unlawful for any person, firm or corporation to own or control or have in such person’s, firm’s or corporation’s possession any distillery commonly called a still or any integral part thereof.

It shall not be unlawful to own or have in possession a distillery or still in the following circumstances:

MS Code § 67-1-17 (2013) Unlawful possession of alcoholic beverages; seizure and sale It shall be unlawful for any person to have or possess either alcoholic beverages or personal property intended for use in violating the provisions of this chapter, or regulations prescribed under this chapter, or Chapter 31 of Title 97, Mississippi Code of 1972.

(2) The following are subject to forfeiture: (a) All alcoholic beverages which have been manufactured, distilled, distributed, dispensed or acquired in violation of this chapter or Chapter 31 of Title 97, Mississippi Code of 1972; (b) All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any alcoholic beverage in violation of this chapter or Chapter 31 of Title 97, Mississippi Code of 1972; (c) All property which is used, or intended for use, as a container for property described in items (a) or (b) of this subsection; (e) All money, deadly weapons, books, records and research products and materials, including formulas, microfilm, tapes and data which are used, or intended for use, in violation of this chapter or Chapter 31 of Title 97, Mississippi Code of 1972. (3) Property subject to forfeiture may be seized by the alcoholic beverage control division and its agents, local law enforcement officers, Mississippi Highway Patrol officers and other law enforcement personnel charged by Section 67-1-91, with enforcing the provisions of this chapter upon process issued by any appropriate court having jurisdiction over the property.

Current federal laws allow citizens the right to own a still and operate it for non-alcohol production. This means legally you can:

Is it legal to make moonshine in Kentucky?

No. The Department does not collect renewal or licensing fees on behalf of local cities or counties. No. The buyer of a business is prohibited from using the seller’s license. KRS 243.020(1), Also, the seller of a business is prohibited from allowing a buyer to use its license.

RS 243.020(2),
The buyer must file an application to transfer the business/license(s) or obtain licenses in its own name.
RS 243.630(5),
A buyer can obtain a transitional license to operate while the transfer application is being processed.
RS 243.045,
If the Department of Revenue has placed a hold on your license renewal, our office will require a release before your license is renewed.

To obtain a release contact Department of Revenue at (502) 564-4921. Once the tax hold is released by the Department of Revenue, you must complete renewal online with full payment before the annual renewal term ends. A license holder who does not renew or attempt to renew by thirty (30) days after expiration will not be permitted to renew later and must instead apply for a new license.804 KAR 4:390,

Yes. The transporter’s license permits the holder to pick-up and deliver any type of alcoholic beverage in Kentucky or to drive through Kentucky with a load of alcoholic beverages.
RS 243.200(1), No.
Each common carrier or company must apply for and obtain its own license.
RS 243.020(1),
A broker cannot share a license with any other common carrier.

No. Bottle service refers to the sale of a bottle of wine or distilled spirits to patrons who then dispense the alcohol to themselves within the establishment. Under current ABC statutes and regulations, licensees are only allowed to sell “by the drink” for on-premises consumption or “by the package” (or bottle) for off-premises consumption.

Compare e.g. KRS 243.240 & KRS 243.250. Licensees may not sell “by the package” for consumption on a licensed premises. Therefore, selling an entire bottle of wine or distilled spirits for patrons to dispense themselves on the licensed premises is not allowed, whether the licensee has a retail drink license, a package license, or both.

A retail drink licensee is responsible for dispensing alcoholic beverages to its patrons and ensuring that these patrons do not become manifestly intoxicated or otherwise disorderly. A quota license holder who satisfies the 804 KAR 4:110 conditions for dormancy may apply using the Dormancy Request Form.

The initial period of dormancy may not exceed twelve (12) months.
The Department determines whether to grant the request for dormancy and may extend the time period once for up to an additional twelve (12) months.
Be mindful that any person approved for dormancy will still be required to pay annual licensing fees.

There is a specific statute, KRS 243.540, that provides several different options to the license holder. If the license holder has not yet closed its business, it may sell its alcoholic beverage inventory to the public as long as it does not sell the inventory for below cost.

If the license holder has multiple business locations and intends to close one, it may request Department approval to transfer the inventory from the closing location to one that will stay in operation.
RS 243.540(3)(c),
If the business is closed, it may request Department approval to sell the inventory to another license holder who wishes to purchase the inventory.

A request to transfer or sell inventory may be mailed to the Kentucky Department of Alcoholic Beverage Control, 500 Mero Street 2NE33, Frankfort, Kentucky 40601, or emailed to [email protected]. Generally, a license holder may surrender a license(s) by signing and mailing a letter to the Department’s Licensing Division that states that the license holder is surrendering its license(s).

The license holder should return the Department’s issued license(s) in the letter. If the Department has initiated an administrative penalty case against the license holder, the license holder should contact the Department’s Legal Division about surrendering the license in resolution of the case. No. Caterers can only sell alcoholic beverages by the drink, not by the package.

KRS 243.033, As such, caterers cannot allow attendees to leave a catered event with bottles/packages of distilled spirits, wine, or malt beverages to take home. State law permits alcohol sales on any election day. A county or city has authority to enact a local ordinance that prohibits alcohol sales while election polls are open.

KRS 244.290, KRS 244.480, It is the responsibility of the license holder to know, and comply with, any Election Day ordinance restrictions. A list of local ABC Administrators and some ordinance information can be found at: Local Information, Normally no. The state default end time for alcohol sales is midnight.

KRS 244.290, KRS 244.480 Daylight savings time ends at 2:00 a.m. on the first Sunday of November. As such, at 2:00 a.m., clocks are set back to 1:00 a.m. Since this occurs after midnight, it has no effect on the state default sales end time. If a local ordinance permits a license holder to sell alcoholic beverages until, or after, 2:00 a.m., the license holder will gain an additional hour of sales.

No. KRS 244.550 prohibits adulteration of malt beverages “which changes the character or purity” of the product.
The Department opines that adding green food coloring to beer does NOT materially change the character or purity of the beer.
RS 244.550 exists to ensure that consumers receive the quality product for which they bargained.

When consumers order “green beer,” they know that they are receiving the same character and purity of beer with food coloring simply added. Although green beer is not a prohibited adulteration, a distributor does not have to provide green beer to its retailers, even if requested.

A person must be at least twenty (20) years old to sell, serve or accept payment for distilled spirits, wine, or malt beverages. KRS 244.090, A person must be at least twenty-one (21) years old to buy, consume, or possess an alcoholic beverage. KRS 244.085, No. It is illegal for a license holder to permit consumers to bring and consume their own alcoholic beverages onto the licensed premises.

KRS 243.020(4), Businesses without an ABC license: No. It is a crime for a business without a license to give alcoholic beverages to a person. KRS 243.020(1), KRS 243.990, It is a crime for a person to drink alcoholic beverages in an unlicensed public place.

KRS 222.202(2), KRS 222.990, It is a crime for an unlicensed public business to allow persons to sell, give away or drink alcoholic beverages inside the business. KRS 243.020(3), KRS 243.990, Businesses with an ABC license: Generally no. A licensee cannot give away alcoholic beverages for free. KRS 244.050,

A retailer holding a sampling license is permitted to give one (1) ounce of distilled spirits samples per day and six (6) ounces of wine samples per day to a consumer. Free malt beverage samples are prohibited. KRS 243.0307(2), A distillery holding a sampling license is permitted to give one and three-fourths (1¾) ounces of distilled spirits samples per day to a visitor.

RS 243.0305(7),
A brewery in a wet territory is permitted to give sixteen (16) ounces of malt beverage samples per day to a visitor.
RS 243.150(5),
A microbrewery is permitted to give sixteen (16) ounces of malt beverage samples per day to a visitor.
RS 243.157(1),
A small farm winery in a wet/moist territory is permitted to give six (6) ounces of wine samples per day to a visitor.

KRS 243.155(2), Yes. All retail licenses allow the holder to sell alcoholic beverages to consumers. An auction is a form of a contract to sell (offer to sell to highest bidder, acceptance of offer by seller, and exchange of consideration). It is not gambling and therefore not prohibited.

The lowest bid accepted cannot be lower than the wholesale cost of the alcoholic beverages. KRS 244.050, No, unless the charity or nonprofit organization obtains a special temporary alcoholic beverage auction license. If a charity or nonprofit organization obtains a special temporary alcoholic beverage auction license, it may auction or raffle alcoholic beverages as a fundraiser.

KRS 243.036, No, unless the charity or nonprofit organization obtains a special temporary alcoholic beverage auction license. Manufacturers, wholesalers, distributors, retailers and any other persons are only permitted to donate alcoholic beverages to a charity or nonprofit organization that holds a special temporary alcoholic beverage auction license.

RS 243.036. Yes.
Any territory annexed by a city takes on the same status as the city.
If a city is wet and annexes territory from a dry county, the annexed territory becomes wet.
RS 242.190(2). Yes.
Before doing any business, all license holders must post the licenses issued by the Department in the principal room where business is conducted so that all persons visiting the licensed premise may readily see them.

KRS 243.620, No. Licensees are no longer required to print or display their licensee name and number on the front window or door of their premises. The only exception is for wholesalers who must still display their licensee name and license number on the front window of the licensed premises (or the front of the building if there is no window) in uniform letters not less than three (3) inches in height.

RS 244.270,
Not for beer and wine.
Both Kentucky and federal law allow an adult person to produce beer and wine for personal consumption.
The aggregate amount of beer and wine that can be produced in any household with two (2) or more adults must not exceed two hundred (200) gallons per calendar year, or one hundred (100) gallons per calendar year, if there is only one (1) adult in the household.804 KAR 14:010 ; see also 26 U.S.C.

You might be interested: What To Do With Moonshine Heads?

§ 5053(e) (malt beverage) and 27 C.F.R. § 24.75 (wine). Both Kentucky and federal law prohibit the production of distilled spirits for personal use without a license. KRS 243.020(1) ; 26 U.S.C. § 5601 – 5602. Yes. Stills are regularly used by various industries to distill water, petroleum, and other non-alcoholic beverage liquids for commercial purposes.

For that reason, possession of a still is not illegal per se. A still only becomes an illegal apparatus when it is used to distill alcoholic beverages without appropriate licensure. KRS 244.170. Still displays and demonstrations using water for educational purposes are permitted since there is no criminal intent to make distilled spirits illegally.

Nine or eighteen. A limited golf course license may be issued to a golf course in wet or golf course moist territory ( KRS 242.123 ) that meets the United States Golf Association criteria as a regulation nine (9) or eighteen (18) hole golf course. KRS 243.039,

To verify that a course meets with the United States Golf Association criteria please see its website at www.usga.org,
It depends.
Restaurants generally hold three (3) types of licenses: (1) Non-quota Type 2 (NQ2) retail drink licenses; (2) Limited Restaurant (LR) licenses; and (3) Quota Retail Drink (QD) licenses.

There is no requirement for restaurants holding NQ2 or QD licenses to sell food at all times. KRS 243.084(1)(b), A restaurant holding a NQ2 license is simply required to demonstrate that their prepared food receipts are at least 50% of their total net or gross and alcoholic beverage receipts.

RS 241.010(5), If a restaurant holding a QD license permits minors on the premises, it is also required to demonstrate that its prepared food receipts are at least 50% of their total net or gross and alcoholic beverage receipts. KRS 244.085(5) ; KRS 241.010(5), However, restaurants holding LR licenses with seating for only fifty (50) persons may not sell alcoholic beverages unless food is being served.

KRS 243.034(4), LR restaurants are also required to demonstrate that their prepared food receipts are at least 70% of their total food and alcoholic beverage receipts. KRS 241.010(35), KRS 242.1244, Although confusing, restaurants holding LR licenses with seating for one hundred (100) persons are not required to sell food at all times.

Yes. A distillery, winery, or brewery may be located in a dry territory for production purposes.
Produced alcoholic beverages must be transported to other parts of the state, or out-of-state, where alcoholic beverages can be lawfully sold.
RS 242.250(3),
A distillery, winery, or brewery located in a dry territory cannot sell alcoholic beverage drinks or packages to consumers visiting the premises.

KRS 242.230(1), A precinct in a dry territory can have a moist local option election to permit alcoholic beverage drinks or packages to consumers visiting: (1) a small farm winery in the precinct ( KRS 242.124 ); or (2) a distillery in the precinct. KRS 242.1243,

No. A distillery in dry territory is not be permitted to have souvenir package sales under KRS 243.0305, or obtain a sampling license under KRS 243.0307, However, a precinct in a dry territory can have a moist local option election to permit distilleries in the precinct to sell alcoholic beverage samples, drinks or souvenir packages to consumers visiting the distillery.

KRS 242.1243, Yes. Licensed small farm wineries, microbreweries, distilleries, and retailers have mobile privileges with their license types that allow them to sell their products at “fairs, festivals, or other similar events.” KRS 243.155, KRS 243.157, KRS 243.0305, KRS 243.240,

No additional license is required. Small farm wineries, microbreweries, distilleries, and retailers each have different limitations on what they can sell, however. Small farm wineries are permitted to sell, by the drink or by the package, wine they produce or wine produced by another licensed small farm winery.

KRS 243.155(2)(e), Microbreweries are unlimited in how much malt beverages they produced on their premises that they may sell by the drink, but are limited to selling one case of packaged malt beverages they produced at their premises per consumer. KRS 243.157(1)(e),

Distilleries are unlimited in how much distilled spirits they produced or bottled on their premises that they may sell by the drink, but are limited to selling by the package no more than nine (9) liters per person, per day. Distilleries are also authorized to serve complimentary samples not to exceed one and three-fourths (1-3/4) ounces per person, per day.

KRS 243.0305(10), A retailer holding a quota retail package license may sell distilled spirits and wine in unbroken packages at fairs in festivals in wet territories provided that the fair or festival is located in the same county as the quota retail package license holder’s licensed premises.

RS 243.240(1)(c)(1), Retailers holding a quota retail package license and a sampling license may also sell and provide samples of distilled spirits and wine at fairs and festivals held in wet territories provided that the fair or festival is located in the same county as the quota retail package license holder’s licensed premises.

KRS 243.240(1)(c)(2), Because of the similarity of language used with the special temporary drink license statute ( KRS 243.260 ), the Department interprets “other similar events” to mean any civic or charitable event which qualifies for a special temporary drink license under 804 KAR 4:250.

This does not mean that someone must apply for a special temporary drink license; only that the event would qualify for one if an application was made.
As such, a licensed small farm winery, microbrewery and distillery are permitted to participate at “fairs, festivals and similar types of events” even if held at a retail licensed premises.

KRS 243.0305(10) (distillery), KRS 243.157(1)(e) (microbrewery), and KRS 243.155(2)(e) (small farm winery). A landlord may make a written request to the Department to sell or destroy abandoned alcoholic beverage inventory in its possession, custody, or control.

The written request must be made at least twenty (20) days prior to any sale or destruction and provide: (1) the licensee purchasing the inventory or the business to destroy it; (2) proposed date of the sale or destruction; and (3) quantity, types, brands of alcohol to be sold or destroyed.
RS 243.540(5),

If approved by the Department, the landlord must notify the Department that the inventory was sold or destroyed within five (5) days of the sale or destruction. The Department has no authority to resolve contract disputes between a landlord and tenant.

For this reason, the Department will not approve requests if the landlord evicts, claims a lien on inventory, or refuses to allow licensee to get inventory because of a lease or other dispute. Yes. If the spa or salon business obtains an appropriate retail drink license, it may sell alcoholic beverages to customers.

KRS 243.020(1), Licensed spas and salons cannot give away free samples of alcoholic beverage or sell below wholesale cost unless they hold a supplemental sampling license. KRS 244.050(1),804 KAR 5:070 also allows minors to enter and remain in salons and spas holding alcoholic beverage licenses.

If a salon or spa business does not hold the appropriate type of retail drink license, it is illegal to serve or permit customers to drink alcoholic beverages at the business.
RS 243.020(3) ; KRS 243.990(3),
It is also illegal for the customer to drink alcoholic beverages at an unlicensed public business.

KRS 222.202(2) ; KRS 222.990(4), It depends. Sidewalks are usually owned by the city, not the licensee, so they are not automatically included as part of the licensed premises where alcoholic beverages can be sold and consumed. KRS 243.220, Some cities enact “café ordinances” whereby they grant a permit to a licensee, which allows the licensee to use an adjacent sidewalk as part of its licensed premises.

I.e. Fayette-Lexington ordinance § 17-29.1.1. – Permit; required (f)), After a licensee is granted the local permit to use an adjacent sidewalk, it must file a copy of the permit with the Department so that the sidewalk can be recognized as part of the licensee’s premises. To determine if a city or county provides a café ordinance please contact the local ABC administrator.

Some city and county alcohol ordinances may be viewed by visiting the Department’s website at https://abc.ky.gov/Local-Information/Pages/default.aspx, Kentucky does not have a law that requires a consumer to present an identification card in order to purchase alcoholic beverages.

Entucky law only requires that a person be twenty-one (21) years of age or older to purchase alcoholic beverages.
RS 244.080(1) ; KRS 244.085,
Even though Kentucky law does not require it, many businesses have adopted a strict store policy requiring employees to card everyone and refuse sales to customers without ID’s (“card”).

These strict policies exist because the only defense to a sale to minor violation is if a minor induces the retailer to make an alcoholic beverage sale through a fraudulent ID. See KRS 244.080(1), The Department encourages this responsible business practice.

Yes. Kentucky does not require an identification card in order to purchase alcoholic beverages.
Entucky law only requires that a person be twenty-one (21) years of age or older to purchase alcoholic beverages.
RS 244.080(1) ; KRS 244.085,
Even though the law does not require it, many businesses have adopted a strict store policy requiring employees to card everyone and refuse sales to customers without valid ID’s (“card”).

The Department encourages this responsible business practice. A vertical license is a valid state issued I.D. A sham small farm winery (“SFW”) is a licensee that is not using its license for the intended purpose of producing wine but instead generally operates as a bar.

In some counties, voters have only approved alcohol sales at SFW’s through a moist SFW local option election. A sham SFW attempts to circumvent the voter’s choice and operates a bar rather than a SFW. KRS 241.010 (58) defines a “small farm winery” to mean “a winery whose wine production is not less than two hundred fifty (250) gallons and not greater than one hundred thousand (100,000) gallons in a calendar year.

(emphasis added). See also KRS 243.155 (2)(a), The statutes make clear that a SFW licensee must produce at least two hundred fifty (250) gallons of wine per year. KRS 243.155 (2)(c) allows a SFW to enter into a “custom crush” agreement with another SFW to produce wine, but only ” for a production year,” The statute makes clear that a custom crush agreement is a temporary measure limited to one (1) year and is intended for a start-up SFW business or a SFW business that incurs a fire or other casualty loss.

It does not permit a SFW to circumvent its production requirements indefinitely. Yes. The producer is also permitted to provide cash or credit refund, or replacement for the recalled product.27 CFR § 11.32, The producer is not required to notify the Department, however they should maintain adequate records reflecting the recall.

No. It is a crime to sell alcoholic beverages to consumers in Kentucky without a license. KRS 243.020(1) ; KRS 243.990(2), In an effort to avoid potential criminal culpability or civil liability, most online auction companies or sale listing services specifically prohibit a person from selling alcoholic beverages under their user terms of agreement.

As a limited exception, an unlicensed person is able to sell an unopened bottle of vintage distilled spirits to licensed distilled spirits retailers under the requirements set forth in regulation.804 KAR 5:080, See also KRS 241.010(66) ; KRS 243.232. As an alternative, an unlicensed person is allowed to donate unopened bottles of distilled spirits or wine to a charity or non-profit organization which holds a special temporary alcoholic beverage auction license.

KRS 243.036(2)(c). Yes. KRS 242.290 specifically allows licensees to transport alcoholic beverages from wet territory through dry or moist territory to another in-state wet territory or out-of-state where alcoholic beverages may lawfully be sold. The license type held by a licensee determines the situations when a licensee may lawfully transport alcoholic beverages.

Yes. The Department regulates alcoholic beverages and not barrels.
A used empty barrel or bottle does not meet the definition of an alcoholic beverage.
RS 241.010(2), No.
Powdered or crystalline alcoholic beverage products are prohibited in Kentucky.
RS 244.652.
It depends.
As the state default rule, the sale of alcoholic beverages is prohibited on Sunday.

KRS 244.290(3) (distilled spirits and wine sales); KRS 244.480(2) (malt beverage sales). However, local governments have the authority to permit Sunday alcohol sales by ordinance. KRS 244.290(4) ; KRS 244.480(4), Sunday sales are permitted for those business types, and at the times, permitted by any local ordinance.

If permitted by local ordinance, a licensee must obtain a Sunday retail drink license in order to sell drinks of distilled spirits and wine on Sunday. KRS 243.050(2), Some city or county ordinances may be reviewed by visiting the Department’s website at Local Information, Even if no ordinance exists, a licensee that holds an Extended Hours Supplemental License (ESL) is permitted to sell alcoholic beverages on Sunday during the times set forth in regulation, 804 KAR 4:230,

See, KRS 243.050(1), Local option elections are also available to permit Sunday sales in cities whose population exceeds twenty thousand (20,000), KRS 244.290(2), and in small farm winery moist precincts. KRS 242.1241 ; KRS 244.290(5). Yes. A producer licensee may contract with an independent contractor/third party to conduct alcohol sales at the producer’s licensed premises under the producer’s license as its agent.

RS 243.020(1), Of course, the producer licensee is responsible for any violation committed by its third-party agent. KRS 243.490(6), If a producer intends to use a third party/independent contractor to sell alcoholic beverages on its behalf at the licensee’s premises, the licensee must notify the Department with relevant information and provide copies of the relevant management, service or other agreement between the licensee and third party/independent contractor.

KRS 243.390(2). Yes and No. Kentucky law does not allow an unlicensed person to sell a bottle of distilled spirits or wine directly to another unlicensed person. KRS 243.020(1) ; KRS 243.240 ; KRS 243.990(2), As a limited exception, an unlicensed person is able to sell an unopened bottle of vintage distilled spirits to licensed distilled spirits retailers under the requirements set forth in regulation.804 KAR 5:080,

See also KRS 241.010(66) KRS 243.232,
As an alternative, an unlicensed person is allowed to donate unopened bottles of distilled spirits or wine to a charity or non-profit organization which holds a special temporary alcoholic beverage auction license.
RS 243.036,
Any person who is twenty (20) years of age or older is permitted to work in any licensed business and perform all job duties.

KRS 244.090(1)(c), A person who is eighteen (18) years of age or older is permitted to sell malt beverages by the packages at convenience stores and grocery stores which only hold a nonquota retail malt beverage package license if a person twenty (20) years of age or older is present and supervising the employee.

RS 244.090(1)(c)(3),1.
In a bottling house or room of a licensed distillery, winery, brewer, or rectifier; KRS 244.090(1)(c)(1),2.
In an office of a wholesaler or manufacturer that is maintained in a building separate from the warehouses or factory; KRS 244.090(1)(c)(2) 3.
In any business whose alcohol beverage sales do not exceed fifty percent (50%) of its gross sales (e.g.: restaurant) so long as the person’s job duties do not involve the sale or serving of alcoholic beverages.

Examples of job duties that do not involve alcohol sales or service include, but are not limited to, restaurant seaters, cooks, dishwashers, busboys, grocery baggers, and shelf stockers. KRS 244.090(1)(c)(3)(a)(b), The medical amnesty law is designed to encourage minors (persons under age twenty-one (21)) to immediately seek emergency medical attention if they or others have consumed a dangerous amount of alcohol.

The law provides immunity from criminal prosecution for certain alcohol related offenses described in the statutes if the reporting individual fully cooperates with emergency medical assistance personnel and law enforcement officers. Medical amnesty laws are not designed or intended to immunize minors from punishment who simply drink alcohol.

KRS 244.992, Kentucky law does not specifically address whether an employee may consume alcoholic beverages. As such, the practice of allowing employees to drink on the job is a decision for the employer. However, the presence of an intoxicated employee could result in a disorderly premises violation ( KRS 244.120 ) or sale to intoxicated person violation.

RS 244.080(2),
Businesses are encouraged to incorporate responsible business practices and policies to minimize risk to public safety.
Employees of producers are specifically allowed to sample products produced for purposes of education, quality control, and product development.
RS 243.130(3) ; KRS 243.150(4) ; KRS 243.155(8) ; KRS 243.157(7).

Generally, raffles are not permitted on licensed premises since they constitute illegal gambling. KRS 243.500(6) ; KRS 528.010, There are three (3) exceptions under which raffles are permitted on licensed premises: (1) lottery tickets issued under the authority of the Kentucky Lottery Corporation; (2) raffle tickets sold by charities, licensed or exempted, under the charitable gaming laws; and (3) raffles conducted by a holder of a special temporary alcoholic beverage auction license that comply with charitable gaming laws.

RS 243.500(6)(a),(b) and (d); KRS 243.036(2)(a), Yes, if the raffle is free. Generally, raffles are not permitted on licensed premises as they constitute an illegal gambling game. KRS 243.500(6) ; KRS 528.010, However, a licensee can have “free” raffles whereby any person can play (no purchase necessary).

Since the game is “free” to everyone, there is no necessary “wager” element for an illegal gambling game. A licensee would be permitted to have a no-purchase-necessary raffle, available to anyone, for the chance to buy a bottle of alcoholic beverages at the normal retail sales price.

The licensee cannot require customers to buy something as a condition to participate in the raffle.
In addition, a no-purchase-necessary raffle cannot offer a free bottle of alcoholic beverage as the prize or allow the winner to purchase the bottle below wholesale cost.
See, KRS 244.050,
It depends.
No coupons on malt beverages are permitted.

KRS 244.461(3), Retailers cannot offer coupons on alcoholic beverages. However, discounted prices using loyalty cards are permitted so long as the discounted price is not less than the wholesale cost of the product. See, KRS 244.461(4), Producers and wholesalers can offer coupons, including digital coupons, on packages of distilled spirits and wine sold for off-premises consumption.

RS 244.461(1), Yes, subject to agreement of the parties. A sale is simply a contract between a seller and a buyer. Contracting parties can voluntarily agree to cancel their contract (mutual rescission). A retail seller may permit a consumer to return sealed alcoholic beverages packages purchased from that seller for a refund or exchange.

However, since rescission of a contract is voluntary, retail sellers are not required to accept a return and make a refund if they chose not to do so. Yes, subject to agreement of the parties. A sale is simply a contract between a seller and a buyer. Contracting parties can voluntarily agree to cancel their contract (mutual rescission).

A retail seller may permit a consumer to return sealed alcoholic beverages packages purchased from that seller for a refund or exchange.
However, since rescission of a contract is voluntary, retail sellers are not required to accept a return and make a refund if they chose not to do so.
A Kentucky resident, or military person moving to Kentucky, can bring alcoholic beverages purchased for personal use in another country back to Kentucky so long as necessary taxes are paid.

As of June 1, 2018, the form that a Kentucky resident must complete and file with the Kentucky Department of Revenue for that purpose is Revenue Form 73A504, which can be found at: https://revenue.ky.gov/Forms/73A504715.pdf Kentucky does not have a quantity restriction on the amount of personal alcoholic beverages that may be brought to a Kentucky residence.

Revenue Form 73A504 should allow a person to get through Federal Customs with their personal alcoholic beverages It is recommended that a person complete and obtain a signature from a Customs official or transportation officer on Revenue Form 73A504 and keep a copy of it when returning to United States.

If not signed, Customs may hold the person’s household goods in storage until the taxes are paid even though Kentucky does not require that the tax to be paid until the alcoholic beverages are in the state. On Revenue Form 73A504, be sure to specify cases or bottles in the “Containers” column under “No.” and “Size.” For your information, as of June 1, 2018, the excise tax for wine is $.50 per wine gallon (128 oz.), for distilled spirits is $1.92 per distilled spirts gallon (128 oz.), and for malt beverages is $.080646 per gallon (or $2.50 for a 31 gallon barrel).

Example: The excise tax on 1 case (12 bottles that are 750 milliliters each) of wine is $1.19, while the excise tax on the same volume of distilled spirits $4.56.
The excise tax on 1 case (24 bottles that are 12 ounces each) on malt beverages is $.18.
If you have any questions about Revenue Form 73A504, please contact Elizabeth A.

Gonzalez at the Department of Revenue: [email protected]. You should also check with the federal Alcohol and Tobacco Tax and Trade Bureau (“TTB”), about any federal requirements. TTB information can be found at: http://www.ttb.gov/importers/personal_importation.shtml.

Yes. In 2017, KRS 244.350 was specifically repealed so that retailers with the proper package license may deliver all types of alcoholic beverages to a consumer in wet territories.
To deliver packages of distilled spirits and wine, a licensee must hold a quota retail package license.
To deliver packages of malt beverages only, a licensee must hold a non-quota retail malt beverage package license.

No additional licensure is required. A retailer wishing to deliver alcoholic beverages must comply with all alcoholic beverage laws regarding the sale. The retailer cannot deliver the alcoholic beverages to a minor or an intoxicated person. KRS 244.080,

The employee delivering the alcoholic beverage must be twenty (20) years of age.
RS 244.090,
The vehicle used by a retailer must contain the licensee’s name and number as required by Board regulation.804 KAR 8:050,
The licensee can make delivery sales through an online ordering process, telephone order, or application downloaded to a personal communication device.

A retailer may charge an additional fee for delivery so long as the fee is paid to the retailer as part of the sales transaction. Retailers must obey all ordinances for any territory to which they deliver, including prohibitions against Sunday sales. A retailer can sell and deliver alcoholic beverages to a consumer in any wet territory, but not a dry or moist territory.

RS 242.260.
A retailer can travel through a dry or moist territory to deliver alcoholic beverages in a wet territory.
RS 242.290,
A retailer is allowed to contract with an independent contractor to deliver alcoholic beverages as its agent ( KRS 243.020(1) ); however, the retailer is responsible for all violations or acts by its agents.

KRS 243.490, If the independent contractor acts exclusively for one retailer, no additional licensure is required and the independent contractor can operate under the retailer’s license. Any independent contractor vehicle used for delivery must contain the retailer’s name and license number.804 KAR 8:050.

If a company wishes to deliver alcoholic beverages for multiple retailers, that company is a common carrier and must first obtain a transporter’s license and display its license name and number on its vehicles used for delivery.
RS 243.200 ; 804 KAR 8:050,
A common carrier is not required to display its license.

No. Alcoholic beverage laws do not set a maximum retail sales price for alcoholic beverages. The only applicable law dealing with retail sales prices forbids the sale of alcoholic beverages below wholesale costs. See KRS 244.050, Yes. If a licensee’s usual and customary business is as a “restaurant”, minors are permitted to remain on a licensee’s premises.

RS 244.085(5)(a), A “restaurant” is a business whose usual and customary business is the preparation and serving of meals to consumers, that has a bona fide kitchen facility, and that receives at least fifty percent (50%) of its food and alcoholic beverage receipts from the sale of food at the premises.

KRS 241.010(50). Some restaurants include a bar area inside their premises where customers purchase and consume alcoholic beverages, appetizers, and other food. Since a bar area is part of a restaurant’s premises, minors are allowed to sit in the bar area.

RS 241.010(43),
It should be noted that other states have laws that prohibit minors in restaurant bar areas.
To comply with all states’ laws, some national restaurant chains have adopted company policies that prohibit minors in the bar areas of their chain restaurants.
Licensed restaurants may prohibit minors from sitting at bars, at their discretion, to comply with company policy.804 KAR 5:070 Section 4 (“.

a licensee may exclude minors from parts or all of its premises,”(emphasis added)) No. There is no law that establishes a maximum retail sales price for bottles of bourbon or other alcoholic beverage containers. Although KRS 244.050 establishes a minimum retail sales price for alcoholic beverages, it does not establish a maximum retail sales price.

The minimum retail sales price is the paid or current wholesale cost of the alcoholic beverage sold at retail. ABC Company, Inc. d/b/a Your Liquor Place hereby declares its intention(s) to apply for a Quota Retail Package license and NQ Retail Malt Beverage Package license no later than September 30, 2019.

The licensed premises will be located at 123 Only Street, Somewhere, Kentucky, 40000. The sole owner and president is Sally Smith, 456 Lone Alley, Anywhere, Kentucky, 40001. Any person, association, corporation, or body politic may protest the granting of the license(s) by writing the Department of Alcoholic Beverage Control, 500 Mero Street 2NE33, Frankfort, Kentucky, 40601, within thirty (30) days of the date of legal publication.

Yes and No. A minor under the age of twenty-one (21) years may NOT enter any licensed premises to illegally purchase or receive any alcoholic beverages. KRS 244.085(1). However, a minor under the age of twenty-one (21) years MAY enter a liquor package store, without a parent or guardian, to lawfully purchase a non-alcoholic beverage product.

The minor cannot remain on the premises for a period longer than reasonably necessary to make the non-alcoholic beverage product purchase. Prior to enactment of KRS 244.085, the prohibition against minors on premises was controlled by a regulation which has since been repealed.

That regulation stated in pertinent part that minors could not “loaf” or “loiter” on licensed premises.
The definition of “loaf” means “to spend time in idleness.” Loaf.2019.
In Merriam-Webster.com, Retrieved August 27, 2019 from https://www.merriam-webster.com/dictionary/loaf.
Loiter” means “to remain in an area for no obvious reason.” Loiter.

You might be interested: How To Cleanse Alcohol From Your System?

In Merriam-Webster.com, Retrieved August 27, 2019 from https://www.merriam-webster.com/dictionary/loiter. As these definitions made clear, the prior regulation permitted minors to enter a licensed premises but they could not remain on the premises for no purpose.

RS 244.085(6) currently provides in pertinent part that a liquor package store licensee “shall not allow any person under the age of twenty-one (21) to remain on any premises” (emphasis added). When KRS 244.085 was enacted, the General Assembly purposely used the term “remain” instead of “enter” to be consistent with the prior regulation as requested by industry members.

For the reasons discussed above, the Department interprets KRS 244.085(6) to NOT prohibit a minor from entering a liquor package store alone for the purpose of purchasing a non-alcoholic beverage product and then immediately leaving. Minors are permitted to remain in a liquor package store if accompanied by a parent or guardian though.

Since minors are allowed to enter the premises, a package store does not have to post the “NO PERSONS UNDER 21 ALLOWED” sign.
See, 804 KAR 5:070 Section 5. No.
The law does not provide a maximum retail sales price for bottles of bourbon or other alcoholic beverage containers.
Although KRS 244.050 establishes a minimum retail sales price for alcoholic beverages, it does not establish a maximum retail sales price.

The minimum retail sales price is the paid or current wholesale cost of the alcoholic beverage sold at retail. Yes and No. A minor under the age of twenty-one (21) years may NOT enter any licensed premises to illegally purchase or receive any alcoholic beverages.

RS 244.085(1). However, a minor under the age of twenty-one (21) years MAY enter a liquor package store, without a parent or guardian, to lawfully purchase a non-alcoholic beverage product. The minor cannot remain on the premises for a period longer than reasonably necessary to make the non-alcoholic beverage product purchase.

Prior to enactment of KRS 244.085, the prohibition against minors on premises was controlled by a regulation which has since been repealed. That regulation stated in pertinent part that minors could not “loaf” or “loiter” on licensed premises. The definition of “loaf” means “to spend time in idleness.” Loaf.2019.

In Merriam-Webster.com, Retrieved August 27, 2019 from https://www.merriam-webster.com/dictionary/loaf.
Loiter” means “to remain in an area for no obvious reason.” Loiter.
In Merriam-Webster.com, Retrieved August 27, 2019 from https://www.merriam-webster.com/dictionary/loiter.
As these definitions made clear, the prior regulation permitted minors to enter a licensed premises but they could not remain on the premises for no purpose.

KRS 244.085(6) currently provides in pertinent part that a liquor package store licensee “shall not allow any person under the age of twenty-one (21) t o remain on any premises” (emphasis added). When KRS 244.085 was enacted, the General Assembly purposely used the term “remain” instead of “enter” to be consistent with the prior regulation as requested by industry members.

For the reasons discussed above, the Department interprets KRS 244.085(6) to NOT prohibit a minor from entering a liquor package store alone for the purpose of purchasing a non-alcoholic beverage product and then immediately leaving.
Minors are permitted to remain in a liquor package store if accompanied by a parent or guardian though.

Since minors are allowed to enter the premises, a package store does not have to post the “NO PERSONS UNDER 21 ALLOWED” sign. See, 804 KAR 5:070 Section 5. KRS 244.050 generally prohibits a retail licensee from selling alcoholic beverages to consumers for a price less than the retailer’s paid or current wholesale cost for that product.

Illegally selling alcoholic beverages below cost is known as “treating.” One exception to the treating prohibition is a bona fide “close out” sale that has been approved by the Department after written request.
RS 244.050,
This exception allows businesses to infrequently purge products that experience little or no sales for over a year.

The exception is not intended to allow a general clearing of slow moving items every few months, or periodically. When considering a written request to the Department for approval of a “close out” sale, a retailer should consider the following guidelines:

Provide an explanation as to why you are requesting permission. This should include what strategies you have used to sell the product above cost. Clearing your shelves to make room for new products is an unacceptable explanation.The product is to be removed from all stores of the licensed business.The product will not be offered for sale at any stores of the licensed business.The request should come from a designated agent of the licensee.Permission is required only for products sold at or below wholesale cost. You do not need our permission to sell wholesale cost.

Written requests to the Department for approval of a “close out” sale should be emailed to: [email protected]. Yes. KRS 243.430(1), If The Department of Revenue has placed a hold on your license renewal, our office will require a release before your license is renewed.

To obtain a release contact Department of Revenue at (502) 564-4921. Yes. Licenses expire when the annual renewal term ends. At that time, licensees have an additional thirty (30) day grace period to renew the license and maintain an interest in that license.804 KAR 4:390, If the license holder fails to renew during the thirty (30) day grace period, the grace period shall not be extended and the licensee must apply for a new license(s).

During the grace period, the licensee may not sell alcoholic beverages since the license has expired.804 KAR 4:390, The Department’s Enforcement Division receives notice if a license has not been renewed within two weeks of expiration. An investigator from the Enforcement Division may inspect the licensed premises to determine whether the business is active or closed and to remind the b No.

There is no late fee for a late renewal application; however, a license holder is not permitted to sell alcoholic beverages after a license expires.
The Department must receive a completed renewal form and full payment no later than thirty (30) days after the license expires.
A license holder who does not renew or attempt to renew by thirty (30) days after expiration will not be permitted to renew later and must apply for a new license(s).804 KAR 4:390,

Renewal applications are no longer sent by postal mail. You will receive an email reminder with instructions to renew online at https://abc-portal.ky.gov 45 days prior to license expiration. Your renewed license will not be sent by postal mail. Your renewed license will be emailed upon completion of renewing online.

Is moonshine an American drink?

history of moonshine In the South, tracking down and drinking moonshine is a rite of passage. Whether it’s the booze’s rebellious history or its dangerous reputation. Moonshine has cemented a place in the culture at large. Moonshine defines as “whiskey or other strong alcoholic drinks made and sold illegally.” With that definition, it may be confusing to walk into liquor stores and find booze labeled as moonshine.

Part of the problem lies in the lack of federal requirements for labeling something as moonshine.
Unlike whiskey, which you must from grain, distilled and bottled at a certain alcohol content, and aged in oak, ‘shine has no equal.
Like vodka, you can make it from anything fermentable: fruit, sugar, grain, or milk.

Like vodka, there’s no upper limit on its alcohol content. Unless you want to describe it as white whiskey on the label, you can make it any way you please. So, despite what you might have read in the OED, legally made hooch labeled “moonshine” is all over the place.

Despite its super Southern connotation, hooch isn’t only a Southern drink.
The term moonshine has been around since the late 15th century.
But, it was first used to refer to liquor in the 18th century in England.
The American roots of the practice have their origins in frontier life in Pennsylvania.
Also, other grain-producing states.

At the time, farms with grain mills would distill their excess product so that it wouldn’t spoil. Back then, whiskey was even used in some places as currency. history In 1791, the federal government imposed a tax on liquor made in the country, known as the “whiskey tax.” For the next three years, distillers held off the tax collectors by less-than-legal means.

This brought a U.S.
Marshal to Pennsylvania to collect the taxes owed.
More than 500 men attacked the area’s tax inspector general’s home.
Their commander was then killed, which inspired a protest of nearly6000 people.
The tax repealed in 1801, and the events from the decade prior came to be the Whiskey Rebellion.

A lot of the lore and legend surrounding moonshine is true. Bad batches or certain production techniques (like distilling in car radiators) could result in liquor that could make you go blind—or worse. Some moonshiners claim that these stories were an effort to discredit their work.

Legal producers differ.
Either way, the federal government commissioned Louis Armstrong to record radio ads about the dangers of drinking it.
You should see all the Moonshine we have in our store,
Don’t confuse moonshiners with bootleggers.
Moonshiners make the liquor, while bootleggers smuggle it.
The term bootlegger refers to the habit of hiding flasks in the boot tops around the 1880s.

But, with the introduction of cars, it came to mean anyone who smuggled booze. Mechanics found ways to soup up engines and modify cars to hide and transport as much moonshine as possible. In running from the law, these whiskey runners acquired some serious driving skills.

On their off days, they’d race against each other, a pastime that would eventually breed NASCAR.
The two were so closely linked, in fact, that a moonshiner gave seed money for NASCAR to its founder Bill France.
Another well-known link is Robert Glenn Johnson, better known as Junior Johnson.
As the son of a notorious moonshiner, this former driver and NASCAR team owner recently partnered with a North Carolina-based distillery to produce “Midnight Moon.” Whether you call it “shine”, rotgut, white lightning, firewater, skull pop, mountain dew, or moonshine.

Its rebellious history and contentious present make it a helluva drink. If you want to learn more about the History of Moonshine, please follow Tennessee Shine. CO.

Is moonshine illegal in Kentucky?

RS 243.020(2),
The buyer must file an application to transfer the business/license(s) or obtain licenses in its own name.
RS 243.630(5),
A buyer can obtain a transitional license to operate while the transfer application is being processed.
RS 243.045,
If the Department of Revenue has placed a hold on your license renewal, our office will require a release before your license is renewed.

Yes. The transporter’s license permits the holder to pick-up and deliver any type of alcoholic beverage in Kentucky or to drive through Kentucky with a load of alcoholic beverages.
RS 243.200(1), No.
Each common carrier or company must apply for and obtain its own license.
RS 243.020(1),
A broker cannot share a license with any other common carrier.

Compare e.g.
RS 243.240 & KRS 243.250.
Licensees may not sell “by the package” for consumption on a licensed premises.
Therefore, selling an entire bottle of wine or distilled spirits for patrons to dispense themselves on the licensed premises is not allowed, whether the licensee has a retail drink license, a package license, or both.

The initial period of dormancy may not exceed twelve (12) months. The Department determines whether to grant the request for dormancy and may extend the time period once for up to an additional twelve (12) months. Be mindful that any person approved for dormancy will still be required to pay annual licensing fees.

If the license holder has multiple business locations and intends to close one, it may request Department approval to transfer the inventory from the closing location to one that will stay in operation. KRS 243.540(3)(c), If the business is closed, it may request Department approval to sell the inventory to another license holder who wishes to purchase the inventory.

The license holder should return the Department’s issued license(s) in the letter.
If the Department has initiated an administrative penalty case against the license holder, the license holder should contact the Department’s Legal Division about surrendering the license in resolution of the case. No.
Caterers can only sell alcoholic beverages by the drink, not by the package.

RS 244.290, KRS 244.480,
It is the responsibility of the license holder to know, and comply with, any Election Day ordinance restrictions.
A list of local ABC Administrators and some ordinance information can be found at: Local Information,
Normally no.
The state default end time for alcohol sales is midnight.

No. KRS 244.550 prohibits adulteration of malt beverages “which changes the character or purity” of the product.
The Department opines that adding green food coloring to beer does NOT materially change the character or purity of the beer.
RS 244.550 exists to ensure that consumers receive the quality product for which they bargained.

A person must be at least twenty (20) years old to sell, serve or accept payment for distilled spirits, wine, or malt beverages.
RS 244.090,
A person must be at least twenty-one (21) years old to buy, consume, or possess an alcoholic beverage.
RS 244.085, No.
It is illegal for a license holder to permit consumers to bring and consume their own alcoholic beverages onto the licensed premises.

RS 222.202(2), KRS 222.990,
It is a crime for an unlicensed public business to allow persons to sell, give away or drink alcoholic beverages inside the business.
RS 243.020(3), KRS 243.990,
Businesses with an ABC license: Generally no.
A licensee cannot give away alcoholic beverages for free.
RS 244.050,

RS 243.0305(7),
A brewery in a wet territory is permitted to give sixteen (16) ounces of malt beverage samples per day to a visitor.
RS 243.150(5),
A microbrewery is permitted to give sixteen (16) ounces of malt beverage samples per day to a visitor.
RS 243.157(1),
A small farm winery in a wet/moist territory is permitted to give six (6) ounces of wine samples per day to a visitor.

The lowest bid accepted cannot be lower than the wholesale cost of the alcoholic beverages.
RS 244.050,
No, unless the charity or nonprofit organization obtains a special temporary alcoholic beverage auction license.
If a charity or nonprofit organization obtains a special temporary alcoholic beverage auction license, it may auction or raffle alcoholic beverages as a fundraiser.

RS 243.036. Yes.
Any territory annexed by a city takes on the same status as the city.
If a city is wet and annexes territory from a dry county, the annexed territory becomes wet.
RS 242.190(2). Yes.
Before doing any business, all license holders must post the licenses issued by the Department in the principal room where business is conducted so that all persons visiting the licensed premise may readily see them.

RS 244.270,
Not for beer and wine.
Both Kentucky and federal law allow an adult person to produce beer and wine for personal consumption.
The aggregate amount of beer and wine that can be produced in any household with two (2) or more adults must not exceed two hundred (200) gallons per calendar year, or one hundred (100) gallons per calendar year, if there is only one (1) adult in the household.804 KAR 14:010 ; see also 26 U.S.C.

For that reason, possession of a still is not illegal per se.
A still only becomes an illegal apparatus when it is used to distill alcoholic beverages without appropriate licensure.
RS 244.170.
Still displays and demonstrations using water for educational purposes are permitted since there is no criminal intent to make distilled spirits illegally.

To verify that a course meets with the United States Golf Association criteria please see its website at www.usga.org, It depends. Restaurants generally hold three (3) types of licenses: (1) Non-quota Type 2 (NQ2) retail drink licenses; (2) Limited Restaurant (LR) licenses; and (3) Quota Retail Drink (QD) licenses.

KRS 241.010(5), If a restaurant holding a QD license permits minors on the premises, it is also required to demonstrate that its prepared food receipts are at least 50% of their total net or gross and alcoholic beverage receipts. KRS 244.085(5) ; KRS 241.010(5), However, restaurants holding LR licenses with seating for only fifty (50) persons may not sell alcoholic beverages unless food is being served.

Yes. A distillery, winery, or brewery may be located in a dry territory for production purposes.
Produced alcoholic beverages must be transported to other parts of the state, or out-of-state, where alcoholic beverages can be lawfully sold.
RS 242.250(3),
A distillery, winery, or brewery located in a dry territory cannot sell alcoholic beverage drinks or packages to consumers visiting the premises.

No. A distillery in dry territory is not be permitted to have souvenir package sales under KRS 243.0305, or obtain a sampling license under KRS 243.0307, However, a precinct in a dry territory can have a moist local option election to permit distilleries in the precinct to sell alcoholic beverage samples, drinks or souvenir packages to consumers visiting the distillery.

No additional license is required. Small farm wineries, microbreweries, distilleries, and retailers each have different limitations on what they can sell, however. Small farm wineries are permitted to sell, by the drink or by the package, wine they produce or wine produced by another licensed small farm winery.

Distilleries are unlimited in how much distilled spirits they produced or bottled on their premises that they may sell by the drink, but are limited to selling by the package no more than nine (9) liters per person, per day.
Distilleries are also authorized to serve complimentary samples not to exceed one and three-fourths (1-3/4) ounces per person, per day.

This does not mean that someone must apply for a special temporary drink license; only that the event would qualify for one if an application was made.
As such, a licensed small farm winery, microbrewery and distillery are permitted to participate at “fairs, festivals and similar types of events” even if held at a retail licensed premises.

The written request must be made at least twenty (20) days prior to any sale or destruction and provide: (1) the licensee purchasing the inventory or the business to destroy it; (2) proposed date of the sale or destruction; and (3) quantity, types, brands of alcohol to be sold or destroyed.
RS 243.540(5),

For this reason, the Department will not approve requests if the landlord evicts, claims a lien on inventory, or refuses to allow licensee to get inventory because of a lease or other dispute. Yes. If the spa or salon business obtains an appropriate retail drink license, it may sell alcoholic beverages to customers.

If a salon or spa business does not hold the appropriate type of retail drink license, it is illegal to serve or permit customers to drink alcoholic beverages at the business. KRS 243.020(3) ; KRS 243.990(3), It is also illegal for the customer to drink alcoholic beverages at an unlicensed public business.

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Kentucky law only requires that a person be twenty-one (21) years of age or older to purchase alcoholic beverages. KRS 244.080(1) ; KRS 244.085, Even though Kentucky law does not require it, many businesses have adopted a strict store policy requiring employees to card everyone and refuse sales to customers without ID’s (“card”).

Yes. Kentucky does not require an identification card in order to purchase alcoholic beverages. Kentucky law only requires that a person be twenty-one (21) years of age or older to purchase alcoholic beverages. KRS 244.080(1) ; KRS 244.085, Even though the law does not require it, many businesses have adopted a strict store policy requiring employees to card everyone and refuse sales to customers without valid ID’s (“card”).

In some counties, voters have only approved alcohol sales at SFW’s through a moist SFW local option election.
A sham SFW attempts to circumvent the voter’s choice and operates a bar rather than a SFW.
RS 241.010 (58) defines a “small farm winery” to mean “a winery whose wine production is not less than two hundred fifty (250) gallons and not greater than one hundred thousand (100,000) gallons in a calendar year.

It does not permit a SFW to circumvent its production requirements indefinitely. Yes.
The producer is also permitted to provide cash or credit refund, or replacement for the recalled product.27 CFR § 11.32,
The producer is not required to notify the Department, however they should maintain adequate records reflecting the recall.

As a limited exception, an unlicensed person is able to sell an unopened bottle of vintage distilled spirits to licensed distilled spirits retailers under the requirements set forth in regulation.804 KAR 5:080,
See also KRS 241.010(66) ; KRS 243.232.
As an alternative, an unlicensed person is allowed to donate unopened bottles of distilled spirits or wine to a charity or non-profit organization which holds a special temporary alcoholic beverage auction license.

Yes. The Department regulates alcoholic beverages and not barrels. A used empty barrel or bottle does not meet the definition of an alcoholic beverage. KRS 241.010(2), No. Powdered or crystalline alcoholic beverage products are prohibited in Kentucky. KRS 244.652. It depends. As the state default rule, the sale of alcoholic beverages is prohibited on Sunday.

If permitted by local ordinance, a licensee must obtain a Sunday retail drink license in order to sell drinks of distilled spirits and wine on Sunday.
RS 243.050(2),
Some city or county ordinances may be reviewed by visiting the Department’s website at Local Information,
Even if no ordinance exists, a licensee that holds an Extended Hours Supplemental License (ESL) is permitted to sell alcoholic beverages on Sunday during the times set forth in regulation, 804 KAR 4:230,

RS 243.020(1),
Of course, the producer licensee is responsible for any violation committed by its third-party agent.
RS 243.490(6),
If a producer intends to use a third party/independent contractor to sell alcoholic beverages on its behalf at the licensee’s premises, the licensee must notify the Department with relevant information and provide copies of the relevant management, service or other agreement between the licensee and third party/independent contractor.

See also KRS 241.010(66) KRS 243.232,
As an alternative, an unlicensed person is allowed to donate unopened bottles of distilled spirits or wine to a charity or non-profit organization which holds a special temporary alcoholic beverage auction license.
RS 243.036,
Any person who is twenty (20) years of age or older is permitted to work in any licensed business and perform all job duties.

RS 244.090(1)(c)(3),1. In a bottling house or room of a licensed distillery, winery, brewer, or rectifier; KRS 244.090(1)(c)(1),2. In an office of a wholesaler or manufacturer that is maintained in a building separate from the warehouses or factory; KRS 244.090(1)(c)(2) 3. In any business whose alcohol beverage sales do not exceed fifty percent (50%) of its gross sales (e.g.: restaurant) so long as the person’s job duties do not involve the sale or serving of alcoholic beverages.

The law provides immunity from criminal prosecution for certain alcohol related offenses described in the statutes if the reporting individual fully cooperates with emergency medical assistance personnel and law enforcement officers. Medical amnesty laws are not designed or intended to immunize minors from punishment who simply drink alcohol.

RS 244.080(2), Businesses are encouraged to incorporate responsible business practices and policies to minimize risk to public safety. Employees of producers are specifically allowed to sample products produced for purposes of education, quality control, and product development. KRS 243.130(3) ; KRS 243.150(4) ; KRS 243.155(8) ; KRS 243.157(7).

The licensee cannot require customers to buy something as a condition to participate in the raffle. In addition, a no-purchase-necessary raffle cannot offer a free bottle of alcoholic beverage as the prize or allow the winner to purchase the bottle below wholesale cost. See, KRS 244.050, It depends. No coupons on malt beverages are permitted.

RS 244.461(1),
Yes, subject to agreement of the parties.
A sale is simply a contract between a seller and a buyer.
Contracting parties can voluntarily agree to cancel their contract (mutual rescission).
A retail seller may permit a consumer to return sealed alcoholic beverages packages purchased from that seller for a refund or exchange.

A retail seller may permit a consumer to return sealed alcoholic beverages packages purchased from that seller for a refund or exchange.
However, since rescission of a contract is voluntary, retail sellers are not required to accept a return and make a refund if they chose not to do so.
A Kentucky resident, or military person moving to Kentucky, can bring alcoholic beverages purchased for personal use in another country back to Kentucky so long as necessary taxes are paid.

Revenue Form 73A504 should allow a person to get through Federal Customs with their personal alcoholic beverages It is recommended that a person complete and obtain a signature from a Customs official or transportation officer on Revenue Form 73A504 and keep a copy of it when returning to United States.

Example: The excise tax on 1 case (12 bottles that are 750 milliliters each) of wine is $1.19, while the excise tax on the same volume of distilled spirits $4.56. The excise tax on 1 case (24 bottles that are 12 ounces each) on malt beverages is $.18. If you have any questions about Revenue Form 73A504, please contact Elizabeth A.

Yes. In 2017, KRS 244.350 was specifically repealed so that retailers with the proper package license may deliver all types of alcoholic beverages to a consumer in wet territories. To deliver packages of distilled spirits and wine, a licensee must hold a quota retail package license. To deliver packages of malt beverages only, a licensee must hold a non-quota retail malt beverage package license.

The employee delivering the alcoholic beverage must be twenty (20) years of age.
RS 244.090,
The vehicle used by a retailer must contain the licensee’s name and number as required by Board regulation.804 KAR 8:050,
The licensee can make delivery sales through an online ordering process, telephone order, or application downloaded to a personal communication device.

RS 242.260.
A retailer can travel through a dry or moist territory to deliver alcoholic beverages in a wet territory.
RS 242.290,
A retailer is allowed to contract with an independent contractor to deliver alcoholic beverages as its agent ( KRS 243.020(1) ); however, the retailer is responsible for all violations or acts by its agents.

If a company wishes to deliver alcoholic beverages for multiple retailers, that company is a common carrier and must first obtain a transporter’s license and display its license name and number on its vehicles used for delivery.
RS 243.200 ; 804 KAR 8:050,
A common carrier is not required to display its license.

RS 244.085(5)(a),
A “restaurant” is a business whose usual and customary business is the preparation and serving of meals to consumers, that has a bona fide kitchen facility, and that receives at least fifty percent (50%) of its food and alcoholic beverage receipts from the sale of food at the premises.

RS 241.010(43),
It should be noted that other states have laws that prohibit minors in restaurant bar areas.
To comply with all states’ laws, some national restaurant chains have adopted company policies that prohibit minors in the bar areas of their chain restaurants.
Licensed restaurants may prohibit minors from sitting at bars, at their discretion, to comply with company policy.804 KAR 5:070 Section 4 (“.

The minimum retail sales price is the paid or current wholesale cost of the alcoholic beverage sold at retail. ABC Company, Inc. d/b/a Your Liquor Place hereby declares its intention(s) to apply for a Quota Retail Package license and NQ Retail Malt Beverage Package license no later than September 30, 2019.

Yes and No.
A minor under the age of twenty-one (21) years may NOT enter any licensed premises to illegally purchase or receive any alcoholic beverages.
RS 244.085(1).
However, a minor under the age of twenty-one (21) years MAY enter a liquor package store, without a parent or guardian, to lawfully purchase a non-alcoholic beverage product.

That regulation stated in pertinent part that minors could not “loaf” or “loiter” on licensed premises.
The definition of “loaf” means “to spend time in idleness.” Loaf.2019.
In Merriam-Webster.com, Retrieved August 27, 2019 from https://www.merriam-webster.com/dictionary/loaf.
Loiter” means “to remain in an area for no obvious reason.” Loiter.

Since minors are allowed to enter the premises, a package store does not have to post the “NO PERSONS UNDER 21 ALLOWED” sign. See, 804 KAR 5:070 Section 5. No. The law does not provide a maximum retail sales price for bottles of bourbon or other alcoholic beverage containers. Although KRS 244.050 establishes a minimum retail sales price for alcoholic beverages, it does not establish a maximum retail sales price.

RS 244.085(1).
However, a minor under the age of twenty-one (21) years MAY enter a liquor package store, without a parent or guardian, to lawfully purchase a non-alcoholic beverage product.
The minor cannot remain on the premises for a period longer than reasonably necessary to make the non-alcoholic beverage product purchase.

In Merriam-Webster.com, Retrieved August 27, 2019 from https://www.merriam-webster.com/dictionary/loaf.
Loiter” means “to remain in an area for no obvious reason.” Loiter.
In Merriam-Webster.com, Retrieved August 27, 2019 from https://www.merriam-webster.com/dictionary/loiter.
As these definitions made clear, the prior regulation permitted minors to enter a licensed premises but they could not remain on the premises for no purpose.

For the reasons discussed above, the Department interprets KRS 244.085(6) to NOT prohibit a minor from entering a liquor package store alone for the purpose of purchasing a non-alcoholic beverage product and then immediately leaving. Minors are permitted to remain in a liquor package store if accompanied by a parent or guardian though.

Illegally selling alcoholic beverages below cost is known as “treating.” One exception to the treating prohibition is a bona fide “close out” sale that has been approved by the Department after written request. KRS 244.050, This exception allows businesses to infrequently purge products that experience little or no sales for over a year.

To obtain a release contact Department of Revenue at (502) 564-4921. Yes.
Licenses expire when the annual renewal term ends.
At that time, licensees have an additional thirty (30) day grace period to renew the license and maintain an interest in that license.804 KAR 4:390,
If the license holder fails to renew during the thirty (30) day grace period, the grace period shall not be extended and the licensee must apply for a new license(s).

There is no late fee for a late renewal application; however, a license holder is not permitted to sell alcoholic beverages after a license expires.
The Department must receive a completed renewal form and full payment no later than thirty (30) days after the license expires.
A license holder who does not renew or attempt to renew by thirty (30) days after expiration will not be permitted to renew later and must apply for a new license(s).804 KAR 4:390,