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.
(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.
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:
- 1 Is Tennessee a moonshine state?
- 2 How much moonshine does a still yield?
- 3 Is Tennessee a alcohol free state?
- 4 Can you get 200 proof moonshine?
- 5 How much will a 50 gallon still produce?
- 6 How true is Moonshiners?
- 7 Who went to jail on moonshiners?
- 8 Is it legal to make moonshine for personal consumption in Georgia?
- 9 When did moonshine become legal in Tennessee?
Is it illegal to make moonshine in TN for personal use?
Home Distilling 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)).
Within title 26 of the United States Code, section 5601 sets out criminal penalties for activities including the following. Offenses under this section are felonies that are punishable by up to 5 years in prison, a fine of up to $10,000, or both, for each offense.
- 5601(a)(1) – Possession of an unregistered still.
- 5601(a)(2) – Engaging in business as a distiller without filing an application and receiving notice of registration.
- 5601(a)(6) – Distilling on a prohibited premises. (Under 26 U.S.C.5178(a)(1)(B), a distilled spirits plant may not be located in a residence or in sheds, yards, or enclosures connected to a residence.)
- 5601(a)(7) – Unlawful production or use of material fit for production of distilled spirits.
- 5601(a)(8) – Unlawful production of distilled spirits.
- 5601(a)(11) – Purchase, receipt, and/or processing of distilled spirits when the person who does so knows or has reasonable grounds to believe that Federal excise tax has not been paid on the spirits.
- 5601(a)(12) – Removal or concealment of distilled spirits on which tax has not been paid.
Under 26 U.S.C.5602, engaging in business as a distiller with intent to defraud the United States of tax is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both. Under 26 U.S.C.5604(a)(1), transporting, possessing, buying, selling, or transferring any distilled spirit unless the container bears the closure required by 26 U.S.C.5301(d) (i.e., a closure that must be broken in order to open the container) is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both, for each offense.
- Under 26 U.S.C.5613, all distilled spirits not closed, marked, and branded as required by law and the TTB regulations shall be forfeited to the United States.
- In addition, 26 U.S.C.5615(1) provides that unregistered stills and/or distilling apparatus also will be forfeited.
- Under 26 U.S.C.5615(3), whenever any person carries on the business of a distiller without having given the required bond or with the intent to defraud the United States of tax on distilled spirits, the personal property of that person located in the distillery, and that person’s interest in the tract of land on which the still is located, shall be forfeited to the United States.
Under 26 U.S.C.5686, possessing liquor or property intended to be used in violation of the law is a misdemeanor punishable by up to 1 year in prison, a fine of up to $5,000, or both. Such liquor and property is also subject to the seizure and forfeiture provisions in 26 U.S.C.5688.
Under 26 U.S.C.7201, any person who willfully attempts to evade or defeat any Internal Revenue Code tax (including the tax on distilled spirits) has committed a felony and shall be fined up to $100,000, imprisoned for up to 5 years, or both, plus the cost of prosecution. Under 26 U.S.C.7301, any property subject to tax, or raw materials and/or equipment for the production of such property, in the possession of any person for the purpose of being sold or removed in violation of the internal revenue laws may be seized and shall be forfeited to the United States.
In addition, any property (including aircraft, vehicles, and vessels) used to transport or used as a container for such property or materials may be seized and shall be forfeited to the United States. Further, 26 U.S.C.7302 adds that it is unlawful to possess any property intended for use, or which has been used, in violation of the internal revenue laws; no property rights shall exist in any such property.
Is Tennessee a moonshine state?
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Moonshine Randal Rust 2018-03-01T20:22:55+00:00 In 1935, this still was confiscated by park rangers at the Great Smoky Mountains National Park in the Sugarlands area. The boys are Civilian Conservation Corps workers posing as moonshiners for the staged photograph, taken by CCC employee E.E. Exline. Simply stated, “moonshine” is untaxed liquor, furtively produced quite often by the light of the moon, or at least out of the immediate reach and oversight of law enforcement.
Nicknamed “corn likker,” “white lightening,” “white mule,” “mountain dew,” and numerous other local appellations, the typical moonshine is clear in color and potent, usually approaching 100 proof, or 50 percent alcohol by volume. The process of making moonshine includes fermentation, distillation, and condensation.
The basic ingredients are sugar, water, yeast, cornmeal, and malt. First the mash of fermented grain is carefully heated. At the conclusion of the process, the alcohol is condensed, using the “worm,” a coil of copper pipe in a barrel of cool water. Although the process appears to be a simple one, only well-trained and highly skilled practitioners can produce unadulterated whiskey under such generally primitive conditions.
Scots-Irish settlers brought with them to America the knowledge and skills of whiskey-making. Prior to the American Revolution, production was limited, with rum being the preferred ardent spirit. The imposition of an excise tax on whiskey by the Washington administration in 1791 touched off a 1794 rebellion of farmers in western Pennsylvania who found it advantageous to convert their large corn crops into something more easily transportable.
Although the revolt failed, it proved that some Americans, whether they be nineteenth-century moonshine makers or twentieth-century marijuana growers, will provide a product for an illicit market if the price is right and chances of prosecution are minimal.
The legal history of this cottage industry followed several trends. Between 1817, when the excise tax was lifted, and 1862, when it was reinstituted, local distillers flourished along with larger established companies. In 1878 the federal government offered a blanket pardon to moonshiners, which many accepted while still plying their trade.
The Tennessee v. Davis Supreme Court decision of 1879 established federal supremacy in moonshine prosecution cases. With corn the primary crop, particularly among semisubsistence farmers in the Appalachian backcountry, it was only natural for the production of distilled liquor to become the occupation or avocation of many farmers.
Coupled with poor or corrupt local law enforcement and inhospitality to federal “revenuers,” a tradition was formed that would last to the present. Prohibition touched off a flurry of activity with syndicates connected to such mobsters as Al Capone. The end of the “Noble Experiment,” the cost of sugar, changing American tastes, and the vagaries of law enforcement have dictated the ebb and flow of the market for moonshine.
Several areas in Tennessee, particularly Cades Cove, and Blount, Carter, Fentress, Hancock, Henry, Polk, and Scott Counties, have dominated the history of moonshining in the state. Women as well as men took part in the trade. For example, Mollie Miller led the moonshiners of Polk County and has been credited for the killing of several revenuers and informants.
Another woman, who reportedly weighed six hundred pounds, ran a bloody family business, comforted by the fact that lawmen could think of no way to physically transport her to the seat of justice. The folklore and legends about moonshiners and revenuers have become a lasting part of southern history. The blockade runner, or “tripper,” became legendary with the advent of fast, modern automobiles.
Their flights from justice stood them well as a training ground for developing proficiency in high-speed driving, and many runners became contenders on the early stock car circuit. Revenuers who served as the nemesis of their moonshining quarry became famous as well.
How much moonshine does a still yield?
Quantity depends on a number of factors: ingredients, amount of sugar, type of yeast or final proof. A generic rule is that you will get about 10-20% of a still’s capacity: a 5 gallon whiskey still could potentially yield 1 gallon of moonshine, while a 10 gallon copper still, 2 gallons of alcohol.
Is Tennessee moonshine strong?
How strong is Ole Smoky Moonshine? Ole Smoky Moonshine has an alcohol by volume (ABV) measure of 50% or 100-proof. The vodkas, tequilas, and rums you’re probably used to drinking tend to measure at about 40% alcohol or 80-proof. So, this makes Ole Smoky Moonshine a little stronger than other liquors out there.
Is Tennessee a alcohol free state?
States that permit localities to go dry – 33 states have laws that allow localities to prohibit the sale (and in some cases, consumption and possession) of liquor. Still, many of these states have no dry communities. Two states— Kansas and Tennessee —are entirely dry by default: counties specifically must authorize the sale of alcohol in order for it to be legal and subject to state liquor control laws.
- Alabama specifically allows cities and counties to elect to go dry by public referendum.
- Alaska specifically allows local jurisdictions to elect to go dry by public referendum.
- Arkansas specifically allows local jurisdictions to elect to go dry by public referendum.
- California specifically allows local jurisdictions to enact liquor laws that are stricter than state law.
- Colorado specifically allows cities and counties to exercise a local option by public referendum whether to go dry.
- Connecticut specifically allows towns to exercise a local option by public referendum whether to go dry.
- Delaware ‘s state constitution allows specifically defined local districts to elect to go dry by public referendum.
- Florida specifically allows counties to elect to go dry by public referendum.
- Georgia specifically allows any local jurisdiction to go dry, without limitation on how that decision is made.
- Idaho allows local jurisdictions to prohibit sale of liquor by the drink by public referendum, but because all retail package sales are controlled by the state, no local jurisdiction may prohibit package liquor sales for consumption off-premises.
- Kansas is dry by default; counties have to choose to allow liquor sales in order for liquor to be sold at all in the county. ( see Alcohol laws of Kansas )
- Kentucky specifically allows local jurisdictions to elect to go dry by public referendum. The Kentucky Constitution implies that the default wet/dry status of any local subdivision reflects the state of its local laws at the time that statewide prohibition ended.
- Louisiana specifically allows local jurisdictions to go dry, without limitation on how that decision is made.
- Maine specifically allows local jurisdictions to elect to go dry by public referendum.
- Massachusetts requires that a series of questions of whether to go dry be placed on each municipality’s local ballot every two years, unless the municipality has voted to allow or prohibit liquor sales in three such consecutive elections.
- Michigan allows any city, village, or township in which there are no retail liquor licenses to prohibit the retail sale of alcoholic liquor within its borders by passage of an ordinance.
- Minnesota allows any local jurisdiction to enact laws that are stricter than state liquor law, including completely prohibiting the sale, possession, and consumption of alcoholic beverages.
- Mississippi is wet by default; local jurisdictions have to choose to go dry via referendum.
- New Hampshire specifically allows local jurisdictions to elect to go dry by public referendum.
- New Jersey specifically allows local jurisdictions to exercise control over the sale of alcoholic beverages in retail establishments (liquor stores, restaurants) and to limit or refuse to issue retail licenses.
- New Mexico is wet by default, but dry on Sundays until noon. Law does, however, allow for local jurisdictions to elect to go dry by public referendum.
- New York specifically allows cities and counties to exercise a local option by public referendum whether to go dry. ( see Alcohol laws of New York )
- North Carolina allows certain classes of local jurisdictions to exercise a local option by public referendum whether to go dry.
- Ohio state law allows local jurisdictions to exercise a local option by public referendum whether to prohibit the sale of liquor.
- Rhode Island state law allows local jurisdictions to exercise a local option by public referendum whether to prohibit the sale of liquor.
- South Dakota allows certain classes of local jurisdictions to exercise a local option by public referendum whether to prohibit the on-premises sale of liquor.
- Tennessee is dry by default; local jurisdictions must choose whether to allow liquor sales in order for liquor to be sold. ( see Alcohol laws of Tennessee )
- Texas allows local jurisdictions to exercise a local option to decide whether it is “wet” or “dry,” and does not limit how that decision shall be made.
- Vermont allows municipalities to exercise a local option by public referendum whether to prohibit the sale of liquor.
- Virginia allows local jurisdictions to exercise a local option by public referendum whether to prohibit the sale of liquor.
- Washington allows local jurisdictions to exercise a local option by public referendum whether to prohibit the sale of liquor.
- West Virginia allows local jurisdictions to exercise a local option by public referendum whether to prohibit the sale of liquor.
- Wisconsin allows local jurisdictions to exercise a local option by public referendum whether to prohibit the sale of liquor.
Can you get 200 proof moonshine?
Is there 200 Proof Moonshine? – Contrary to what other people think, 200 proof moonshine exists. It’s probably the STRONGEST concentration, the HIGHEST PROOF of moonshine, and the HIGHEST PERCENTAGE of alcohol you’ll find out there. Though it doesn’t take the usual distilling process and simple tools to make this one.
- Instead, there’s a lot of complexities that go on to get this really strong drink.
- Would you dare drink a 200 proof moonshine? You’d probably say yes if you’re a daredevil.
- Drinking 200 proof moonshine is NOT OKAY.
- You’re practically drinking ethyl alcohol.
- Remember, 200 proof moonshine has 100% alcohol content contained on it.
Drinking it pure would seriously burn your throat, That being said, be careful with moonshines that have 150 plus final alcohol content. On average, 100 to 120 proof is pretty much the level people can comfortably drink their moonshine. Any more than that? That’s something else.
How much will a 50 gallon still produce?
Page 2 – We make this 50 gallon heavy copper moonshine still to order. We have been making moonshine stills for generations. We have it perfected! This still is capable of producing over 10 gallons of shine per run, This is a big still that is more than capable of getting the job done! Your still look just like the one in the picture.
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WARNING! Not all stills are created equally. Are we the cheapest company out there? No we are not, BUT we do produce the highest quality stills that money can buy. We take great care of our customers before, during and AFTER the sale. Don’t make a costly mistake just because you were trying to save a few bucks.
Do your research and make sure that you are buying from a company that has a good reputation. You will be glad you did. We are called DIY Moonshine, but that name isn’t really accurate. The truth is we do it for you! There is no welding, soldering or fabricating required on our stills! Worried about your privacy? Don’t be.
Your transaction with us will be 100% private and confidential. We do not report any sales information to any agency. We keep your information private! If you have any questions concerning this please call us at 800-590-4387. If you feel more comfortable placing your order on the phone call us at 800-590-4387.
How much will a 5 gallon still make?
How Much Alcohol Will a Still Produce? – Before we get started, a reminder: Distilling alcohol is illegal without a federal fuel alcohol or distilled spirit plant permit as well as relevant state permits. Our distillation equipment is designed for legal uses only and the information in this article is for educational purposes only.
A 1 gallon run will yield 3-6 cups of alcohol A 5 gallon run will yield 1-2 gallons of alcohol A 8 gallon run will yield 1.5-3 gallons of alcohol A 10 gallon run will yield 2-4 gallons of alcohol
For the researchers, science nerds, alchemists, and truth seekers, here’s why:
How do moonshiners know the proof?
The experienced, old school moonshiners are able to tell the proof of their moonshine by simply shaking the mason jar and observing the bubbles. If the moonshine has large bubbles that dissolve quickly it indicates the moonshine has a high alcohol content.
How true is Moonshiners?
From Wikipedia, the free encyclopedia
|Country of origin
|No. of seasons
|No. of episodes
|251 ( list of episodes )
|December 6, 2011 – present
Moonshiners is an American docudrama television series on the Discovery Channel produced by Magilla Entertainment that dramatizes the life of people who produce (illegal) moonshine in the Appalachian Mountains of Kentucky, North Carolina, South Carolina, Tennessee, and Virginia,
The series dramatizes their liquor production efforts, law-evading techniques and life. There have been claims by local officials that the show is not what it portrays itself to be. Virginia authorities have stated that no illegal liquor is actually being produced by the people depicted in the show. The Virginia Department of Alcoholic Beverage Control (ABC) said in March 2012 that, “If illegal activity was actually taking place, the Virginia ABC Bureau of Law Enforcement would have taken action.” They also said that they had requested for the producers to add a disclaimer to clarify that the show was only a dramatization, “but the request was overlooked”, and the show’s producers, Magilla Entertainment, have stated their documentary content is real.
Portions of the show that feature Marvin “Popcorn” Sutton were taken from a documentary film by Neal Hutcheson. Hutcheson’s documentary was filmed in 2002 and released the same year with the title This is the Last Dam Run of Likker I’ll Ever Make, In 2008, a version of the documentary that was edited for television was broadcast on PBS and the Documentary Channel with the title The Last One, and it received a Southeast Emmy Award in 2009.
Sutton was arrested in 2007 by ATF agents in Cocke County, Tennessee (led by Jim Cavanaugh of Waco siege fame) for illegally distilling liquor and possession of a handgun by a felon, and was sentenced to eighteen months in jail in 2009. He subsequently died by suicide, apparently to avoid serving the federal prison term.
The show’s first season premiered on December 6, 2011. The twelfth season premiered on November 9, 2022, with a preseason special airing on November 2, 2022.
Who went to jail on moonshiners?
Jeff and Lance aren’t the only ‘Moonshiners’ who had trouble with the authorities. – Jeff and Lance are far from the only Moonshiners cast members who disappeared from the public view. According to Screen Rant, Popcorn Sutton was arrested in the spring of 2008, after openly admitting to his illegal business activity while in conversation with an undercover officer.
The legendary moonshiner was sentenced to jail in January 2009. He committed suicide a few days before his 18-months-long prison sentence would have begun. Article continues below advertisement Other cast members to get into trouble include Steven Ray Tickle, a moonshiner who got arrested several times; Josh Owens, who lost his trailer in a fire; and Chico, who was allegedly arrested for DUI in 2015.
There was another recent rumor that Eric “Digger” Manes was arrested, however, he’s so far avoided serious confrontation with police. But he, and likely the other moonshiners that take part in the series, understand that there’s a risk that, any day, they could get caught.
Is it illegal to make moonshine in Kentucky for personal use?
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.
- 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.
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. 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.
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.
- 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.
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. KRS 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.
- 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,
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.
KRS 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. KRS 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.
§ 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.
- 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.
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.
- RS 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. KRS 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.
KRS 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. 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”).
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. 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”).
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. 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.
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.
- 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,
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.
KRS 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. KRS 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.
- RS 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. KRS 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. KRS 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.
KRS 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.
- 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.
- 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.
Can you make wine for personal use in Tennessee?
The application for a winemaking on-premises facility license must be approved by the TABC commission at a regular monthly commission meeting. The application for a Winemaking On-Premises license must be approved by the TABC commission at a regular monthly commission meeting. A completed application must be received in RLPS two (2) weeks prior to the next Commission Meeting in order to be considered for placement on the next Commission Agenda.
Is it legal to make moonshine for personal consumption in Georgia?
1/1/2015 last updated
In the state of Georgia it is legal to own a still as long as the still is not used to distill spirits or to manufacture moonshine. A still can be owned and operated to distill water, essential oils, vinegar, etc. As long as the end product is not ethanol.
- (a) (1) Malt beverages may be produced by a person in his or her private residence subject to the limitations provided in this Code section.
- (2) The total quantity of malt beverages that may be produced in any private residence shall be as follows:
- (A) Not more than 100 gallons per calendar year if there is only one person of legal drinking age living in such residence; or
- (B) Not more than 200 gallons per calendar year if there are two or more persons of legal drinking age living in such residence;
- provided, however, that no more than 50 gallons shall be produced in a 90 day period.
Manufacturing wine for personal household use: Code §3-6-3 (a) A head of a household may produce 200 gallons of wine in any one calendar year to be consumed within his own household without any requirement to be licensed for such purpose. Wine so produced shall not be subject to any excise tax imposed by this chapter.
- To manufacture ethanol fuel you are required to submit copies of your Federal permits to the state authorities as well as obtain non-beverage alcohol manufacturer’s license and a motor fuel distributor’s fuel license regardless of if you plan to resell the fuel.
- Georgia requires a license to produce and or to resell ethanol spirits.
The fee is $1,100 for the license and investigation fee. Luckly Georgia has much of the information on their website about applying for licenses and the requirements. The process and licenses can be viewed here, The requirements listed are:
- ATT-104/ COLA & Labels
- ATT-17 Personnel Statement
- State Financial Affidavit
- Liquor Manufacturer/Distillery Bond
- Copy of Federal Basic Permit
- Copy of Local License (In state)
- Property Lease or Deed
- Power of Attorney (If Applicable)
- O.C.G.A 50-3-1 (e)(2) – Citizenship Affidavit
- Secure and Verifiable Documents
Georgia has information on obtaining a license to commercially produce spirits for resale here, Georgia alcohol licensing website 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,2006 Georgia Code – 3-3-27 Any person who violates the provisions of: (1) Paragraph (1) of subsection (a) (Distill, manufacture, or make any distilled spirits) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years; Along with a unlisted fine and jail time the still, spirits and distilling equipment will be seized.
Any apparatus, article, or other tangible personal property used in the unlawful distillation, manufacture, or making of any alcoholic beverages is declared contraband and shall be destroyed by the officers or agents seizing the property or otherwise disposed of as the commissioner directs”.
When did moonshine become legal in Tennessee?
Where to Try Smoky Mountain Moonshine – Around 2009, changes in Tennessee state law paved the way for the creation of legal moonshine. Today, visitors to the Smokies can visit a number of awesome distilleries that sell authentic white whiskey. For just $5 you can sample some moonshine right in the store, and that money is applied to the purchase of any jar of moonshine you want to take home.
Ole Smoky Moonshine Doc Collier Moonshine Sugarlands Distilling Company Old Forge Distillery